Kinship Care: Statutory guidance for local authorities

This month the Department for Education (DFE) has published new statutory guidance on Kinship Care which replaces the previous Family and Friends Care statutory guidance.

In a follow up to our previous article and podcast (see podcast link below this article), this article looks at the key areas for schools in England, who are regarded as a ‘relevant agency’ and therefore have statutory duties.

Those working in early years provision, schools and colleges, are often the first to come into contact with children living with kinship carers, so it is essential for all staff to be aware of the challenges such children may face.

As the guidance highlights, when children cease to be looked-after, their educational needs are unlikely to have changed simply because their care status has changed. The impact of pre-care and a care experience can result in significant barriers to their educational achievement, particularly those children who have special educational needs (SEN).

Designated teacher for promoting the educational achievement of every previously looked-after child

Under the new guidance, all maintained schools and academies must appoint a designated teacher who has a leadership role in promoting the educational achievement of every previously looked-after child on the school’s roll. A key part of this role is to ensure that all staff have high expectations of children in kinship care which includes attainment, safeguarding and their wellbeing.

Ensuring Carers are Aware of Resources

Kinship carers often struggle to obtain the necessary information to assist them in their caring role, especially when care is as a result of an emergency. Therefore, it is important for schools to ensure carers know what resources are available to support the child and themselves.

In practical terms this could be something as simple as explaining how to obtain allowance for school uniform upon a change of school. A key part of the support a school can offer is to recognise that kinship carers may not understand school systems, so extra support to navigate the education system e.g. decisions about the child’s education, is crucial.

Specific Guidance on Education

Whilst the full content of the guidance offers a wealth of information, it contains a specific section on education which highlights the key statutory points for schools. This includes:

• The statutory duty of virtual school heads to promote the educational attainment of pupils who are no longer looked after because they are the subject of adoption, special guardianship, or child arrangements order through the provision of information and advice to their parents, educators, and others they consider necessary;
• The appointment of a designated teacher, as stated earlier;
• Pupil Premium Plus funding, provided to help improve the pupil’s education outcomes and close the attainment gap between them and their peers;
• The top priority for previously looked after children in school admissions. The guidance states that these children should be placed in good or outstanding schools;
• Eligibility for previously looked-after children and those in formal kinship care to secure a school place through Fair Access Protocols, the mechanism which ensures that unplaced and vulnerable children who are having difficulty securing school places in-year are allocated one promptly.

It is essential that children and young people who are unable to live with their parents receive the support that they and their carers need to safeguard and promote their welfare. It is important to recognise that the needs of each individual child in kinship care will have unique needs. The new guidance offers a robust framework for all agencies to provide this support.

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