Moved by
Baroness Massey of Darwen
44: After Clause 9, insert the following new Clause—
“Support for family and friends carers when children are not looked after
(1) Each local authority must make arrangements for the provision within their area of family and friends care support services, including—
(a) counselling, advice and information; and
(b) such other services as are prescribed, in relation to family and friends care.
(2) The power to make regulations under subsection (1)(b) is to be exercised so as to secure that local authorities provide financial support.
(3) At the request of any of the following persons—
(a) a relative, wider family member or friend caring for a child in any of the circumstances (hereinafter referred to as C) set out in subsection (4) below;
(b) a parent or other person with parental responsibility; or
(c) a child living with C in circumstances set out in subsection (4) below; or
(d) any other person who falls within a prescribed description, a local authority must carry out an assessment of that person’s needs for family and friends care support services.
(4) The circumstances referred to in subsection (3)(a) and (c) are—
(a) the child comes to live with C as a result of enquiries or plans made under section 47 of this Act;
(b) the child comes to live with C following an investigation under section 37 of this Act;
(c) C has been granted a residence order or a child arrangements order to avoid the child being looked after, within care proceedings on the child or following the accommodation of a child;
(d) there is professional evidence of the impairment of the parents’ ability to care for the child; or
(e) the parent is dead or in prison.
(5) A local authority may, at the request of any other person, carry out an assessment of that person’s needs for family and friends care support services.
(6) Where, as a result of an assessment, a local authority decide that a person has needs for family and friends care support services, they must then decide whether to provide any such services to that person.
(7) If—
(a) a local authority decide to provide any family and friends care support services to a person, and
(b) the circumstances fall within a prescribed description, the local authority must prepare a plan in accordance with which family and friends care support services are to be provided to him, and keep the plan under review.
(8) The Secretary of State may by regulations make provision about assessments, preparing and reviewing plans, the provision of family and friends care support services in accordance with plans and reviewing the provision of family and friends care support services.
(9) The regulations may in particular make provision—
(a) about the type of assessment which is to be carried out, or the way in which an assessment is to be carried out;
(b) about the way in which a plan is to be prepared;
(c) about the way in which, and the time at which, a plan or the provision of family and friends care support services is to be reviewed;
(d) about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan;
(e) as to the circumstances in which a local authority may provide family and friends care support services subject to conditions (including conditions as to payment for the support or the repayment of financial support);
(f) as to the consequences of conditions imposed by virtue of paragraph (e) not being met (including the recovery of any financial support provided);
(g) as to the circumstances n which this section may apply to a local authority in respect of persons who are outside that local authority’s area;
(h) as to the circumstances in which a local authority may recover from another local authority the expenses of providing family and friends care support services to any person.
(10) A local authority may provide family and friends care support services (or any part of them) by securing their provision by—
(a) another local authority; or
(b) a person within a description prescribed in regulations of persons who may provide family and friends care support services, and may also arrange with any such authority or person for that other authority or that person to carry out the local authority’s functions in relation to assessments under this section.
(11) A local authority may carry out an assessment of the needs of any person for the purposes of this section at the same time as an assessment of his needs is made under any other provision of this Act or under any other enactment.
(12) Section 27 (co-operation between authorities) applies in relation to the exercise of functions of a local authority under this section as it applies in relation to the exercise of functions of a local authority under Part 3.”