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Contents

1. Legal Framework
2. Key Principles
3. Residence Order Application Procedure
4. Residence Order Allowances
5. Supplementary Payments

1. Legal Framework

A Residence Order is a Court Order made under section 8 of the Children Act 1989, which gives Parental Responsibility to the person in whose favour it is made.

A Residence Order may be used to increase the degree of legal permanence in a placement with relatives or friends, or a long-term fostering placement, where this would be in the child's best interests.

A person in whose favour a Residence Order is made automatically acquires Parental Responsibility, but the order does not discharge the parental responsibility of others such as the child's parents.

Where Parental Responsibility is shared, each person may act independently of the other when meeting that responsibility. While the making of a Residence Order has the effect of conferring Parental Responsibility on the person to whom it is granted for the period while it remains in force, the degree of Parental Responsibility is limited to the extent that the person does not acquire the right to consent to adoption or to the making of an Adoption Order, or the right to appoint a guardian.

A Residence Order comes to an end when a child reaches 18 unless the Court specifies that it should end earlier or another order is made that discharges it. This is an amendment by Section 37 of The Children and Young Person's Act 2008 to the Children Act 1989 (Section 9(6) - duration of Residence Orders). Residence Orders made before 2009 will usually cease to have effect after the child reaches age 16, unless the Court has specified that it should last until the child's 18th Birthday.

The granting of a Residence Order discharges a Care Order, if one is in force.

A court may attach directions to a Residence Order which:

• Directs how it is to be carried out;
• Impose conditions, which must be complied with;
• Sets out that it is to have effect for a specified period;
• Includes other provision as the court considers appropriate in the circumstances.

Who can apply for a Residence Order?

The following people may apply for a Residence Order:

• A parent or guardian;
• A party to a marriage (whether the marriage is subsisting or not) where the child was brought up as a child of the family;
• A person with whom the child has lived for 3 years. (This need not be continuous but must not have started more than 5 years before or ended more than 3 months before the making of the application.);
• A local authority foster carer with whom the child has lived for 1 year;
• Where a Residence Order is already in force, a person who has the consent of those in whose favour the Residence Order was made;
• Where the child is Looked After, a person with the consent of the relevant local authority;
• In any other case, a person who has the consent of all those with Parental Responsibility.

Anyone else who wishes to apply, including the child, must apply to the Court for leave to make the application for a Residence Order.

2. Key Principles

A Residence Order may be used to increase the degree of legal permanence in a placement with relatives or friends, or a long-term fostering placement, where this would be in the child's best interests.

Where a Looked After Child would otherwise have to be placed with strangers, a placement with kinship carers may be identified as a preferred option and the carers may be encouraged and supported to apply for a Residence Order where this will be in the best interests of the child.

A Residence Order confers Parental Responsibility, to be shared more equally with the parents, which in some cases may be a more appropriate arrangement than Special Guardianship.

A Residence Order should always be considered as part of the care planning process during proceedings and actively promoted unless it is deemed as necessary for a child or young person to be subject of a Care Order.

Similarly, where children and young people are looked after under Section 201 of the Children Act 1989, the authority should always consider whether it can discharge its duty and achieve permanence for the child by seeking alternative family or friend's accommodation which can be supported by a Residence Order.

In reaching the decision to approve and support a person applying for a residence order, the authority will have due regard to research findings relating to the placement of children with relatives, the proven benefits and desirability of continuity for children and the other potential gains that may accrue from placement within the extended family, with a known carer or within the child's wider community network.

A Residence Order has the following advantages:

1. It gives Parental Responsibility to the carer whilst maintaining the parents' Parental Responsibility;
2. The child will no longer be Looked After and there need be no social work involvement, therefore, unless this is identified as necessary;
3. There is no review process;
4. The child will not be Looked After and so less stigma is attached to the placement;
5. Any contact is likely to be agreed and if considered necessary by the Court, set out in a Contact Order.

A Residence Order has the following disadvantages:

1. It is less secure than Adoption or Special Guardianship in that an application can be made to revoke the Residence Order. However, the Court making the order can be asked to attach a condition refusing a parent's right to seek revocation without leave of the court;
2. There is no formal continuing support to the family after the Order is made although in some instances, a Residence Order Allowance may be payable;
3. There is no professional reviewing of the arrangements after the Order unless a new application to court is made, for example by the parents for contact or revocation. (NB New applications to Court may be expensive to defend, and the carers would have to bear the cost if not entitled to legal aid).

3. Residence Order Application Procedure

For children in care, the issue of an application for a Residence Order, and the circumstances in which an allowance is payable, should be discussed initially at a LAC review and the 'Permanence Planning Guidance and Procedure' should be followed.

In all cases - if the carers decide that they wish to apply, or to seek leave to apply - in order to reach a view as to whether a Residence Order application will be in the child's best interests, the carers must:

• Establish the wishes of the child;
• Seek the views of their parents, and any other person with Parental Responsibility, (in writing where possible);
• The child / young persons social worker must also have completed a core assessment to determine if such an application is in the best interests of the child and whether the local authority can support this. This may be included within a court statement format.

The social worker must complete a Core Assessment or relevant court report. This must be seen and agreed by the relevant Group Manager and Head of Service who will initially decide as to whether the case meets the criteria for the payment of an allowance and whether it should then proceed to the funding panel.

The social worker will then complete a Funding Request Form for the Funding panel to consider the plan for the child and any associated allowance or legal costs. This must be submitted prior to the final care plan being submitted to court.

The letter is sent to the carers from the relevant Group Manager confirming the Division's decision where it has been agreed that the carers can apply for a residence order.

If the Division's decision is that the application is not in the child's interests it is still open to the carers to initiate application for leave to make application for a Residence Order in certain circumstances.

Court

The process will vary depending on whether the Division is in agreement with the application or not.  The carers make the application, either for a Residence Order, or for leave to apply for a Residence Order.

Where the child is in care, and the Division agrees with the application, the Division is a party to the hearing. The agreement for this application needs to be based on evidence contained in a core assessment. It is likely that the court will appoint a Guardian-ad-Litem.   

Further action:

• File a Statement of Evidence setting out the circumstances of the case and the Division's consent, as directed by the court;
• Attend court, and give evidence as directed.

Where the child is in care and the Division disagrees with the application.  The Division is a party to the hearing and court will appoint a Guardian-ad-Litem. 

Further action required:

• Consult Bromley Legal Services;
• Consider an alternative care plan for the child;
• Prepare and file a Statement of Evidence, as above, setting out the circumstances of the case, the Division's views, and the alternative care plan, as directed by the court;
• Attend court and give evidence as directed.

4. Residence Order Allowances

The local authority can, at its discretion, make financial contributions for the care of the child or young person. In adopting this policy the authority commits to a fair, open and transparent allowance scheme for Residence Orders.

This policy applies to children and young people where there has been statutory social work intervention and that a Residence Order is considered as the most appropriate Order to achieve permanence as part of the care planning process.

Private arrangements or those Ordered by the Court as part of matrimonial or civil partnership proceedings are outside of the scope of this policy and are therefore not included in any allowance scheme. Where a request to financially support a Residence Order where there has not been previous social work intervention is received, this will be considered on a case by case basis by the Assistant Director, Safeguarding and Social Care.

Proposed payment rates are as set out below:

2011/12

Age	Weekly Allowance
0 - 4 years	£77.15
5 - 10 years	£87.95
11 - 15 years	£109.53
16+ years	£133.00

In addition, once a Residence Order is granted the carer is entitled to receive child benefit at the appropriate rate.

Residence Order allowances will be subject to the same inflationary uplift as applied to foster carer allowances each April.

5. Supplementary Payments

Assistance with Court Application and Fees: Where it is considered appropriate that we make a full or partial contribution to associated legal and Court costs this can be agreed by the relevant Head of Service.

Additional Weekly Allowance: In exceptional circumstances it may be appropriate to consider an additional maintenance allowance to those above. This must be based upon assessed need and any additional amount over and above the standard weekly allowance will be subject to a financial assessment to be undertaken by CCT. No additional allowance together with the standard weekly allowance can exceed the fostering maintenance payment (excluding professional fees) and will be authorised by the Assistant Director, Safeguarding and Social Care. All additional allowances element will be subject to annual review and further financial assessments.

Setting Up Allowance: A payment for items of essential equipment required to support the placement i.e. bed, wardrobe etc may be agreed by the relevant Head of Service at their discretion. Receipts must be obtained for all purchases which will be processed by CCT and included in the next payment run. No upper limit is given but it is suggested that this one off payment should not exceed £500. In line with financial regulations, payments over £500 will require the authorisation of the Assistant Director, Safeguarding and Social Care.

End