ENFOQUE HUMANISTA

2.1 What is a ‘child arrangements order’?

These are private law orders, which means that it is an order made by the court on the application of a private individual to settle the arrangements about where a child should live – the local authority is not usually involved. A ‘child arrangements order’ must specify either who the child should live with (formerly a ‘residence order’) or, who the child should spend time with (formerly a ‘contact order’).

2.2 What are the implications of having a child arrangements order (saying who the child should live with)?

A family and friends carer who wishes to have more autonomy over their care of the child often decides (sometimes with the encouragement of the local authority) to apply for a child arrangements order. The local authority can provide financial assistance towards the legal costs incurred out of their s.17(6) budget100 but again this is discretionary.

A child arrangements order can direct who a child will live with and confers parental responsibility on the person in whose favour the order is made. It normally lasts until the child is 18 unless it is revoked or otherwise specified by the court.

Unless a court order specifically says otherwise101, a family and friends carer with a child arrangements order saying the child should live with them may make most

97

Emergency assessments of family and friends carers would take place under Reg 24 CPPCRR; full fostering assessments are conducted in accordance with Regulation 3 Fostering Services Regulation 2011.

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s.22C Children Act 1989

99 _{They can be referred to Family Rights Group’s free confidential advice service on 0808 801 0366} open 9.30-3.30 Mon-Fri or email [email protected], or to a specialist child welfare solicitor: contact Solicitors Regulation Authority, Ipsley Court, Redditch, Worcestershire B98 0TD Telephone: 0870 606 2555 http://www.sra.org.uk/consumers/find-use-instruct-solicitor.page; or The Law Society of

England and Wales,113 Chancery Lane, London WC2A 1PL Tel: 020 7242 1222 Minicom: 0870 600 1560 Fax: 020 7831 0344 E-mail: [email protected] www.lawsociety.org.uk or search their website for local solicitors who are members of the Children Panel:

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law 100

S.17(6) Children Act 1989 101

The court can make a prohibited steps or specific issue order to determine a particular question relating to the exercise of parental responsibility for the child (s.8 Children Act 1989). A parent has a

57 important decisions about the child’s care, for example regarding contact

arrangements and can also consent to dental and medical treatment, school trips etc. However they may not take the child outside the UK102 for longer than one month without the consent of everyone else with parental responsibility. Also, they may not appoint a testamentary guardian for the child which can leave carers worrying about what may happen to the child after they die.

The child’s parents have a right to apply to court to revoke a child arrangements order. They can also apply to the court for a prohibited steps order or specific issue order (s.8 CA) to ask the court to decide how parental responsibility should be exercised by the carer in relation to a particular issue that is in dispute. This opens up the possibility of the parent challenging the carer about key decisions relating to the child’s care, such as medical treatment.

2.3 Child arrangements orders and support

In terms of support, the position is similar to private arrangements (see Appendix A 1.2). The parents are legally liable to support the child financially and the carer with the child arrangements order (saying the child should live with them) is not, although they may end up having to do so in practice. The carer with the child arrangements order may be entitled to:

 state benefits, including child benefit, certain means tested benefits and tax credits, depending on their circumstances;

 if the child is assessed as being in need, the carer and the child may receive discretionary financial and other support from the local authority under s.17;  a child arrangements order allowance which the local authority has a

discretionary power to pay103. Case law confirms that this can be paid by the local authority even if it was requested by the carer after the child

arrangements order was applied for104.

2.4 Child Arrangement Orders: Support for children in school

If it is necessary for the child to change school as result of their new living arrangements, they may be entitled to priority school admission. If the child was looked after immediately before the child arrangements order was made, they must be given the highest priority if the school is over subscribed105. In addition, if the child was previously looked after, the school will be entitled to £1,900 of Pupil Premium funding.

right to apply for such an order, hence they have the ability to make a legal challenge of the carer’s decisions which can be undermining for the carer.

102

Re B (A Child) CA (Civ Div) 24/7/2007 103

Sched 1 para 15 Children Act 1989 104 _{R(H) –v- Essex CC [2009] EWHC 353} 105

58 2.5: Children Arrangements Orders: Further and Higher Education

The position regarding support for further and higher education is the same as for private arrangements as set out under Appendix 1.3 above.