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Abstract
This article presents a comprehensive overview of kinship care, or as it is also known, family and friends care, paying particular attention to the UK child welfare, legal, policy/practice contexts. The aim of the article is to raise awareness, and provide information, about a hitherto largely invisible, yet expanding placement option being widely used in child welfare systems in the UK, in Europe and elsewhere. The article places kinship care within a UK and European child welfare legal context, including the European Convention on Human Rights 1998 [Articles 8 and 14] and European kinship care developments are also highlighted. It contains the main findings of a kinship care research study conducted by the author, based on interviews with children and young people living with kinship carers, as well as with the kinship carers. Following an examination of theoretical and policy issues, the article examines ways forward for developing and supporting kinship care. In the final section, and based on the research findings and literature review, a new paradigm for child welfare is introduced. It is argued that this new paradigm is necessary in order for kinship care practice and policy to develop within a supported and sustainable family support framework.
Notes
This article is based on a paper presented by the author at the Social Work in a Future Europe international conference, 26–29 May 2003 organised by the International Federation of Social Workers/European Association of Schools of Social Work and Social Work Educators/Formation d'Educateurs Sociaux Européens.
The legal term ‘looked after’ as contained in the Children Act 1989 describes both children accommodated by the local authority by voluntary arrangement with the parent, and children who are in care following a court order.
The legal term children ‘in need’ is defined in the Children Act 1989 as those children whose health and development is likely to be impaired or further impaired without the provision of services (S.17 (10) (a) (b)). Children who are disabled (S.17 (10) (c) (11)) are automatically included within the children in need definition. The S.17 provisions enable family supports for children in need and their families to be provided by local social services departments. Where parents are separating or divorcing and can not agree who should have the child, a parent or extended family member or other party (for example a friend) can apply to a court to seek a Residence Order. A Residence Order (Children Act 1989, S. 8) stipulates where a child can live and gives parental responsibility to the person with the Residence Order.
Case Reference -R (L and Others] v Manchester City Council; R (R and Another] v Manchester City Council [2002] 1 FLR 43. He ruled it to be a breach of the European Convention of Human Rights for a local authority to have a policy to pay foster carers who are relatives and friends of the children they are looking after, at a lower rate than that paid to non-relative foster carers. Munby found that the European Convention was breached in respect of article 8 (the right to family and private life) and article 14 (the right to enjoy those rights without discrimination).
Victoria Climbie was born in the Ivory Coast, and had lived in France prior to moving to London in 1999 with her great aunt and her boyfriend who both subsequently murdered her in 2001. The enquiry into her death recommended that the government review the registration of privately fostered children (Laming, Citation2003, paragraph 17.97). It did not discuss kinship care.
Information was collected about all 50 kinship care placements. The data sources included information from social workers files, interviews with social workers, the local authority's computerised management information system, and taped interviews with both the kinship carers and the young people being cared for by them on a full-time basis.
