Residence order?

[Angeleyes]

Can anyone tell me what the difference is between a Residence Order and Interim Foster Carer, I have been advised by a solicitor to become an Interim Foster Carer, but I have just had a message from SW saying if I am considered for the case I could get a residence order, but I do not know what the difference is, and I am having to represent myself as I cannot afford to pay for anymore legal advice.

[David Roth]

There is actually no such thing as an interim foster carer - you either are a foster carer or you are not.

However, there is such a thing as an interim care order, and someone who was looking after a child who was under an interim care order would be that child's foster carer - no 'interim' about the fostering status though. The query you are raising concerns the difference between looking after a child who is under a residence order (possibly an interim residence order), and fostering a child who is 'looked after' under an interim care order. The word 'interim' in both these cases means that it is just a temporary order, which has been made until the court makes its final decision about which order to make - this could be a care order, residence order, special guardianship, adoption, or no order.

The most significant difference between the legal circumstances of these two options are twofold: who has parental responsibility; and entitlement to support (including financial).

Parental responsibility (or PR): with a Residence Order, you get parental responsibility for the child. This means that the court has decided the child should live with you, and you are given the legal right to make the sort of decisions about the child that a parent can make. With an Interim Care Order (or ICO) you don't get PR. The local authority has it, but in reality it will be the court which are making many of the decisions about the child. However, if at the ed of the proceedings a full care order (or CO) was made, then the local authority would have PR and the power to make decisions about the child, although they ought to consult you and the child before making them.

Support, including financial: with a residence order, all the support you get from the local authority would be discretionary. They have the power to pay you an allowance, but it it would be up to them whether they do this, and if so how much they would pay you. However, with a ICO you would be a foster carer, and entitled to the same support including financial as any other foster carer. You should receive the same fostering allowance as non-relative foster carers. You should be offered training, a support group, out-of-hours support and regular social worker visits.

When it comes to the final order, it would also be worth considering a special guardianship order, which has had advantages for many of the carers who post here.

You can find out more about many of these issues by reading FRG's advice sheets, particularly numbers 2, 12, 20, 22, 25, 26 and 27: http://frg.org.uk/advice_sheets.html

You may also consider calling Family Rights Group's freephone advice line to talk things through. The number is 0808 801 0366, and it is open Monday to Friday 10am to 3.30pm.

David R
FRG Policy Adviser

[Angeleyes]

Had a visit from SS yesterday, my husband and I are now in the process of being assessed for being Foster carers to our nephews. However I am a little unsure of which is the best way forward. SW is pushing for us to get RO for the boys as she feels it would be the best option in regards to safeguarding the children, and it would be the best option for the children in regards to long term care and responsibility, but on the flip side to that, we also know that with an RO financial support from SS is discretionary, so really not sure what to do, as with everyone who is in a similar situation we would all love to to do everything for our family and friends from the goodness of our hearts, but without the financial support it's just not possible, we are due in court next week, and also because we do not have the finances to pay a solicitor I am going to represent myself.

[Help 1870]

Good Luck representing yourself Angeleyes, some from the forum have do the same thing and although nerve racking found the court very helpful.

In terms of safety for the child, that would depend on the parents and how likely they are to cause problems.

If they are difficult then a care order or SGO are best, but living under a care order long term is not easy. A residence order is probably easier to obtain, but as the parents share PR with you, you would have to consult them (if possible) over any decisions, and they could be bouncing you in and out of court.

You must consider the finances too, RO payments are discretionary, but with an SGO, especialy if you have previously fostered you should get financil support.

Ring the helpline if you are at all confused over the various options, and dont agree to anything if you are unsure.

[Angeleyes]

Thanks 1870 for the advice I think we will continue with the application as foster carers and then further down the line apply for an SGO as at present there is no real threat from parents, only mum likely to cause a fuss but she's all talk and no action, has shown no real interest in the children in regards to contact and decision making, dad will be entering rehab for around 4 months within the next month or so, but SW did mention Fostering would mean that they would still have to be involved and did we really want that, but SS being involved doesn't bother me, if this is the only way we can be sure to secure financial help then I will stick to my guns, and let the courts decide.

[Angeleyes]

anyone have any advice on what SW should and should not say to family and in-laws when dealing with care orders. Mum (sister in-law)of boys taken has been told by SW that I was involved in calling and passing on information to SS concerning her ability to care for her children, and consequently is blaming me for having her children taken and since then I have had a whole host of trouble come my way, no threats as yet, but is intimidating a family member.

[Muspark]

It is totally unacceptable for a SW to have done this. This is of course if she really did and your sister-in-law is not just fishing.

If you believe she has passed on information that could cause an issue then I suggest a strongly worded letter of complaint asking her to justify her actions. This should be coped to a manager.

Work out though if you think this is going to have a bad effect on you getting the children, sometimes you have to swallow a lot of crap to get to your goal. If the problems escalate do not hesitate to call the police.

Good Luck

[Angeleyes]

Thankyou, thats what I thought I have a meeting with SW on Monday to assess me for Fostering, I was going to mention it then, to find out what really has gone on, sister in-law also said her solicitor has told her the same things, everything she has mentioned is accurate apart from timings so I have a pretty good idea that this has come from SW.

[Help 1870]

Before you start spouting off and hurling accusations around you need to check the validity of what you have heard. You are going to find throughout this the parents are probably going to lie through thier back teeth. They are going to attempt to paint themselves as perfect and you and SS as the devil incarnate out to ruin their lives and steal their children. If you go running to SS and pulling them up about what the parents have said without first checking with SS first you are going to find yourself with a very difficult working relationship with them on your hands, and a relationship that could cost you the placement of the children.

Its possible that she wasnt told directly, I cant see the SW speaking to the solicitor. Its more likely to have been mentioned in a peice of paperwork/care plan that so far you arent privvy to, it certainly was mentioned in ours that I was one of the people filing numerous complaints and reports in order to protect these children. Certain information has to be put in these documents, we cant get away from that, but it doesnt mean its been put in such a way to cause trouble or increase animosity, its just stating facts. We might prefer that certain information is kept out, but to get a balanced picture it cant be.

Would you rather that information was included and everyone was aware that you were the one who noticed these problems and took steps to protect the children. or would you prefer they thought you wernt involved, didnt see and did nothing. Having that information included shows you put the needs and safety of the children above your relationship with the parents and any grief it might cause.

Sooner or later, espcially if the children are placed with you, you are going to have to accept the fact that you are going to be blamed for everything. It wont matter to the parents what they have done to bring this situation about, its all going to be twisted around so its your fault. It seems to go with the territory unfortunately.

You just have to let that go and not let it affect you where possible. Rant on here if you must, but dont take it out on the SW or start putting in complaints without getting clarification first, because you could find yourself and the information you have been given totally off the mark.

[Angeleyes]

meeting with SW later, and of course I know I have to be careful what I say and how I say it, thankyou for your comments although I am not the type of person who would just start spouting off as was put to me, and would never accuse anyone of anything until I was 100% certain that I had all the facts. I raised my question initially because I do not wish to go down this road at all but would rather know what I'm up against rather than seeing it as a who said what scenario. And I am also well aware of what I'm up against in regards to parents I have lived with the lies and cover ups for the best part of 4 years, but if I am to be picked over with a fine toothed comb on every aspect of my life and my families I have a right to know what the SW is saying to all parties whether it be good or bad.