Clueless...please advise??

[Aunty to a princess]

My niece has been on the Child Protection register since June this year after her mother relapsed and has been using drugs again. She has previously been placed in the temporary care of my parents (two years ago) when both her parents were using, however, was returned to the care of her mother 8 months after. My brother has since turned his life around, staying clean, securing himself a brilliant job, nice flat and a good social life.
We found out yesterday that her mother had placed my niece in a very dangerous situation, leaving her in the care of a stranger (a TAXI DRIVER!!) while she went off shoplifting for money for drugs....and was subsequently caught! My niece was checked over by a duty Social Worker, where they discovered some bad bruising on her and needed my brothers permission (as he has PR) to allow a medical assessment done by a Paediatrician. At this point, my brother decided to go collect her as a matter of urgency because it is clear that her mother is no longer able to keep her safe.
My brother and the family have now got the weekend to decide what the short and long term plans are for her safe-keeping but we intend that she will not return to the care of her mother. However, the difficulty that we have is that currently, the flat where my brother lives does not allow children to be resident so he's going to have to move....also he's a manager where he works and works very long hours and is sometimes on call.
In my job, I would be able to take a career break, or possibly go part time, but obviously will not be able to afford to do this without some financial support. Also, will I need to become officially a carer for my niece in order to obtain these benefits?
We really don't know about all of this stuff....and have been completely thrown into the deep end...we've got three weeks to try and sort everything out before she starts back at school and ideally we'd like everything as stable as possible before then to try and minimise the upheaval...the poor little mite has been through enough of that in her 5 short years!
Any advice or pointers would be gratefully received as we're all clueless to be honest...many thanks in advance.

[Robin D]

Hi Aunty to a Princess.

It's very difficult to get any financial support unless SS are actively involved in placing the child with you under 'care proceedings' and even then, its by no means guaranteed. If these are taking place, you brother may be able to get Section 17 money to allow him to help look after his child and continue working the hours he is. (Including passing the money to you of course). However, from what you say, at the moment this looks more like a private arrangement between your brother and you as your brother has taken the decision to take day to day care of the his child.

If care proceedings have started, its still unclear if you would get a) the car of the child, or b) financial support as they will do assessments of all potential carers.

You might find it useful reading to go through several of the http://www.frg.org.uk/advice_sheets.html especially numbers 1, 4, 12 and 21.

Sorry if this is not too helpful, but a word of warning. If SS promise any support make sure you get it in writing, including how long it will last, before you agree to anything.

[Suzie, FRG Adviser]

Hi Aunty,

First of all, well done to your brother for turning his life around, it is a great achievement. However, I’m sorry that your niece – and your family – is going through this stressful ordeal.

As Robin has mentioned, it would seems that this is a private arrangement as you brother took steps himself to remove the child, she wasn’t placed by a social worker (SW). In these circumstances, Children’s Services (CS), the new name for Social Services, do not have any financial obligation to support the arrangement. The parents remain financially liable for your niece. As a result the only financial assistance available would be payments from the parents (child maintenance essentially), state benefits or s17 payments, which can be paid if CS agree that your niece is a Child in Need for things like bedroom furniture, clothing etc. The advice sheet that I have linked you to explains what a Child in Need is and how she would be assessed etc. If they don’t agree to make s17 payments you/your brother could make a complaint. This is also explained in the advice sheet.

It would be extremely useful for you to go through the advice sheets Robin linked you to, particularly number 12, immediate placement of children with friends/relatives. If your brother wants to secure the placement of your niece within your family and the mother objects he might want to consider applying for a residence Order or, if it is an emergency a Prohibited Steps Order.

Details of these orders are in advice sheet number 12 and we also have a DIY Residence Order guide if he/you want more information on how to make that application.

If you have any more questions about this please get back to me.

Best wishes

Suzie.