3.4.3 Section 17 and Financial Support for Children and Families |
AMENDMENT
This chapter was updated in May 2012 in respect of the Child and Family Assessment process. A new link to local policy was also added to Section 4.3 Homeless Young People.
Contents
1. Introduction
Section 17 of the Children Act 1989 lays down the duty of Local Authorities to make provision for children in their area who are “in need”. This section deals with the services that can be funded from S17, as well as the Service's duties under (S17(6)) to provide assistance in kind and, exceptionally, in cash.
2. Principles Underpinning the Provision of Resources
Funded under Section 17
Expenditure under S17 of the Children Act 1989 must only be authorised if it ensures that a child can live with their family or within their wider family and social networks, by preventing either the child's admission to care or enabling reunification with family and friends. The commitment of any resources under S17 must be consistent with an assessment and analysis of the needs of the child and the capacity of the parents to meet those needs and should identify the criteria below:
- What is the minimum required for the child to stay at home or within their family network safely;
- What will have maximum impact and achieve the desired outcomes;
- What resources are available within the child's family network to meet these needs?
- What resources/services are appropriate within other agencies, to meet these needs?
- What financial support is available from the benefits system;
- What is necessary in the short term, and what are the long term goals;
- What is the agreed plan of action - detailing who will do what, and when, and a clear process/timescale for review.
Key aspects of a child's health and development inform the content of the plan:
- Safeguarding the child's welfare;
- Identifying the desired outcome;
- Avoiding unnecessary delay in providing the appropriate service.
It should be noted that many young people “in need” aged 16 and over will be eligible for benefit in their own right.
The S17 budget is cash limited and cannot be exceeded therefore, in acting as Corporate Parent in the widest sense; packages of care must be reasonable – based on what is essential and affordable, specific, time limited and committed with due regard for other children who may also become “in need” during the financial year.
3. Authorisation for Expenditure made under Section 17
Section 17 expenditure will only be authorised with regard to a Child In Need who:
- Meets the eligibility criteria of Wandsworth Children’s Specialist Services;
- Has been assessed by a Social Worker;
- Has a care plan in place which cannot be implemented without the proposed expenditure;
- Is ineligible for state benefits as evidenced by a comprehensive benefits check provided by a Social Worker.
Expenditure can be authorised for no more than 4 weeks in the first instance and then reviewed. Where it has been clearly demonstrated at the review that the need is ongoing and the service is effective, expenditure can be agreed for a further 12-week period. Expenditure beyond that point will only be agreed in exceptional circumstances.
All cash payments should be evidenced by receipts provided by the parent/carer or service user. Social worker should make that clear when funds are provided in this form.
4. Criteria for Expenditure under Section 17 of the Children Act 1989
4.1 Financial Assistance in an Emergency
It is the responsibility of the state’s statutory benefit agencies – the Department for Work and Pensions (DWP) or Her Majesty’s Revenue and Customs (HMRC) for tax credit purposes, to meet needs in a crisis.
Where the emergency arises out of a failure to claim benefits or a delay in processing benefits, staff should help with expediting claims. The DWP has powers to make ‘interim payments’ from 14 days after a claim has been made in respect of Income Support and Job seeker’s Allowance. The HMRC has powers to make hardship payments where Tax Credits may have been suspended or delayed.
Where state benefits are not available, there are some exceptional circumstances where S17 payments may be appropriate. These are outlined below:
4.2 Food and Fuel Payments
Where there is no money to feed or keep a child warm, Social Workers can make a spending request for food vouchers and/or small cash payments for fuel. Authorisation can only be given once the worker has:
- Verified that no help is immediately forthcoming from the DWP, particularly in respect of the Social Fund;
- Established that there is genuine exceptional need;
- Made enquiries and found that there are no family/friends from whom a loan or food can be secured or who can provide temporary lodgings.
It is worth noting that most gas/electric utilities will ensure families are not cut off.
Only after the Team Manager is satisfied that help is not immediately available through the benefits system, can s/he authorise food vouchers to the value of the daily rate for Income Support for each child. Support should only be provided until benefit entitlement is resolved. Please refer to Income Support Rates circulated by Finance to Team Administrators.
In most cases the only form of emergency help from the benefits system will be via the Social Fund, normally by way of a Crisis Loan.
Staff should be aware that people who are up to the Social Fund loan limit may be entitled to a Community Care Grant for daily living expenses.
Where the emergency has arisen due to failures in the benefits processing system, interim payments should be sought but this can be claimed back from the Benefits Agency when the family are paid. The Social Worker must obtain written agreement from the parent/carer and ensure that this is completed.
Where the cause is due to suspension of benefits or incorrect benefit decision-making, immediate expert benefits advice should be taken by the family, which is available from the Citizens Advice Bureau.
In many emergency cases, families may be missing out on additional benefits as a result of not claiming their full benefit entitlement. Whilst resolving the emergency should be a priority it is important that a full benefits check should also be carried out as benefits maximisation may prevent future emergencies.
4.3 Homeless Young People
See also: Children's Services and Housing Services Protocol.
See also Procedure for 16/17 year olds Approaching as Homeless.
National Guidance on “Provision of Accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation” is also available.Most homeless young people aged 16/17 are likely to be entitled to either Income Support or Job seeker’s Allowance (including severe hardship payments).
Staff should ensure that this group are urgently referred to the under 18’s specialist officers in their local Job Centre Plus office to make a claim for benefit and an interim payment if the claim is likely to take more than 14 days. Young people should therefore only need to be supported by the Service for the first 14 days. The Young Person should be known to a Connections Advisor and if not can be referred to the Connections Service, who will assist in helping them manage their budget.
4.4 Care Leavers 16/17 Years of Age
If the young person is a care leaver, the claim is assessed under the Children (Leaving Care) Act 2000 and therefore it is necessary at the initial interview stage to ascertain if the claimant has ever been in care. If they have, the claim should be referred to Youth Support Teams.
4.5 Women Fleeing Domestic Abuse with Children
Women fleeing domestic abuse can be assisted with travel costs to a place of safety and food vouchers/cash payments. The calculation for support must be based on the daily benefits rate for the children, for up to 24 hours or over a weekend.
4.6 Young People Under The Age Of 18 Years Who Do Not Reside In Wandsworth
Young people who do not reside in Wandsworth who are lacking the means to return home (including help from family/friends) can be provided with a travel warrant.
The local authority where the young person normally resides must be contacted to confirm they will reimburse this expenditure. Should they decline to do so, then the manager should consider granting this service on a loan basis.
4.7 Relatives/Carers who are Caring for Children as a Result of a Family Crisis, e.g. Abandonment by Parent, Family Agreement
Relatives and carers may be able to claim for children in these circumstances i.e. Child Benefit and Child Tax Credit (if their income is low enough). They should therefore be advised and supported in making an urgent benefits claim.
Claims may take some time to process (particularly where Child Benefit is still in payment to another person) and S17 payments may be considered to support families during this period or where there is no additional benefit entitlement.
Social workers must get signed authority from the claimant to reimburse the Service directly with any backdated benefit.
All new carers/families must be thoroughly assessed if they do not feel, following the above process, that they have sufficient means to support the children.
A family agreement may be reached where a child is cared for by another person, other than the main carer who is claiming full benefit entitlement, and this arrangement will last / or has lasted for more than 6 weeks. In this case the main claimant/carer should make formal arrangements to sign/ hand over the full entitlement or inform the Benefits Agency so that the new carer can make a claim.
Where the main claimant/carer does not do so, or does not provide written evidence that they have done so, the social worker must advise them in writing that if they have not informed the Benefits Agency within 2 weeks then Children’s Specialist Services will advise that they are no longer the main carer for the child.
4.8 Payments for Goods and Services
Goods/Household Items/Equipment
Payments for household items/equipment can only be extremely limited in both nature and amount and can only be authorised when there is clear evidence that a payment will:
- Ensure the health and safety of a child in need; or
- Enable a child to remain at home/return home; and
- Other sources of provision e.g. the Social Fund, the Benefits Agency, charities, other Council Services, voluntary organisations have been exhausted.
Staff must assure themselves that a family is not entitled to a Social Fund Community Care Grant for essential household items, before considering alternative sources of help. Charities are intended to complement State provision not replace it.
In all cases, Community Care Grant eligibility must be determined by seeking expert benefits advice. If eligible, families should be actively supported in making a claim including challenging any adverse decisions.
If the need is urgent, a Crisis Loan application should be made with a request to treat it as a claim for a Community Care Grant. Advice can be found on the DWP website.
Services – Family Support/Outreach
The funding of family support/outreach can be considered in the context of ensuring a child can live safely with their family and receive appropriate supervision while the parents are enabled to improve their parenting capacity and abilities.
Referrals to Family Action, Welfare and other voluntary agencies may need to be considered in the first instance.
In exceptional circumstances, where no other agency can provide the necessary support, it is possible to make a spending request to fund such a service from a session al worker or an appropriate social care agency.
The following principles must apply to spending requests for family support/outreach:
- The spending request must be at the minimum level required to meet the need over a time-limited period in which the desired outcome can be achieved;
- The spending request must clearly describe the need and nature of service being purchased, and Team Managers must understand how this service will achieve the desired outcome;
- Services involving direct contact with the child must focus on keeping the child safe, and improving the child's self esteem, natural abilities, social skills and behaviour;
- Services involving direct contact with the parent/carer must focus on improving parenting self esteem, confidence and skills or capacity to care for the child.
4.9 Nursery Places/Childminding
Childcare can only be purchased from providers approved by Fasted – full listings of registered child minders, nurseries and playgroups are maintained by the Early Years Team.
Accessing community based services enables children and families to build up networks in their local community. Children with disabilities may need specialist care, but should access their local provision when possible with additional support if necessary.
Children are entitled to free nursery provision from the beginning of the term after they are 3 years of age, and children with social needs are given priority access to additional sessions. There is also limited provision for “Vulnerable Two’s” placements.
Section 17 budgets cannot be used to purchase childcare unless a Child and Family Assessment indicates that provision is required. All families seeking help with childcare must be financially assessed.
Staff need to be aware that 80% of childcare costs up to a certain maximum can be claimed through Working Tax Credits therefore this must be assessed before considering a S17 payment.
For children under 3 years of age, no more than 3 sessions (half-days) per week may be funded (see below).
For children over 3 years of age with a free place at an approved nursery and whose assessment indicates that further provision is required, no more than 3 sessions may be funded.
Agreement to funding and review of provision. Initial approval must be agreed with the Service Manager prior to informing the family or setting up the service and will be for a 13 week period only. Review of provision must take place every 6 weeks at a minimum and should consider whether the service is meeting the needs of the child and if the parent is fully using the facility to improve their parenting capacity/skills. Agreement to funding must be renewed every 13 weeks.
In exceptional circumstances the funding of additional childminding/nursery placements can be considered in the context of ensuring a child can live within their family safely, in terms of receiving appropriate levels of stimulation while the parent/carer is enabled to improve parenting capacity and skills.
5. Play schemes/Holiday Activities for Older Children
Families can be helped with the costs of holiday play schemes/activities when there has been a thorough assessment of the carers’ ability to pay, where it is considered that provision is necessary to ensure that the child(ren) can remain living in their family and where the provision is appropriate to their social needs.
Section 17 assistance must be limited to 3 sessions per week maximum, or 10 days during the school summer holidays, which days may be spread over a longer period. Official play schemes can be counted as eligible childcare costs for Working Tax Credit purposes. Any exceptions must be agreed with the Service Manager.
6. Transport
For children or families attending Family Centre groups, Child Protection Conferences or Looked After Child Reviews, transport assistance can be provided as follows:
- Reimbursement of mileage at the public transport rate;
- Provision of rail warrants;
- Reimbursement of bus fares, supported by receipts;
- Cash limited Oyster cards.
Any other forms of transport must be agreed with the Service Manager.
7. Payments to Family and Friends during Assessment
Financial support is not an automatic payment. Payments must only be made in circumstances where benefit entitlement is not available or insufficient and failure to provide financial support would result in the child or young person becoming looked after.
7.1 Summary of the Assessment Process
If a referral is received requesting accommodation of a child or young person or indicating a significant risk of family breakdown a Child and Family Assessment must be undertaken.
Throughout the assessment process consideration must be given to the potential strengths of, and support from, the wider network of family and friends.
If a child is living with family or friends during the assessment period, consideration should be given to providing financial support through S17 payments.
Following a Child and Family Assessment a care plan must be drawn up, and this must include any S17 payments. The payment must be a direct response to an objective identified in the plan with a clearly defined outcome and an agreed timescale.
A payment can only be made for a maximum of 42 working days, by which time the Child and Family Assessment must have been completed.
At the end of the Child and Family Assessment the child or young person's needs should be met by one of the following:- Return home;
- Private fostering whereby the carer claims benefit/tax credits if entitled;
- Private arrangement within the family whereby carer claims benefit if entitled;
- Child becomes looked after and supported by fostering allowances;
- Application for a Residence Order or Special Guardianship by a new carer;
- Kinship support within the extended family which may be supported by specific S17 payments that are detailed and reviewed in the care plan. Please refer to the Income Support Rates circulated by Finance to Team Administrators.
If a child is living with family or friends during the assessment period, S17 payment will only be considered if there is no additional benefit entitlement or that entitlement is insufficient.
7.2 Payment Rate
The amount payable per child is the equivalent of the maximum of the appropriate Child Tax Credit rates. This amount increases annually in line with Social Security benefit rates.
The payment covers basic care costs. If additional costs are identified in the care plan these must be included, paid separately and reviewed alongside the support package in the plan.
8. Identified Needs
Managers can only approve expenditure in accordance with the criteria outlined in this procedure.
Exceptionally, where this would leave an identified need unmet and this would seriously jeopardise achieving the care plan for the child, the Team Manager must seek the advice of the Service Manager/ Head of Service.
End