However, you may still be able to take Time Off for Dependants or request flexible working. This would give you parental responsibility over the child, which would allow you to take Parental Leave. Applying for one of these orders is a big step, and you should take legal advice if you are considering it.
Child Law Advice provides free legal advice on kinship care arrangements. Kinship foster care is a more formal arrangement. The local authority will be involved, and will place the child with a relative or close person. If you are a kinship foster carer, you will probably have undergone a fostering assessment and will receive a fostering allowance.
As a kinship foster carer, you do not have parental responsibility for the child, so you are not eligible for Parental Leave , unless you have a Child Arrangements Order or a Special Guardianship Order. If you have any questions about kinship care arrangements, or whether you have parental responsibility, Child Law Advice provides free legal advice. To be eligible for Parental Leave , you must be an employee, have worked for your employer for at least once a year, and have parental responsibility for a child under Your kinship carer status will determine whether or not you are entitled to take parental leave to care for the child in question.
Parental leave can be taken a week at a time, unless the child is disabled — in this case, it can be taken a day at a time. Each carer with parental responsibility may not take more than four weeks a year per child. Read more about the Scottish Child Payment. At some stage, you or the local council might want to discuss a child ceasing to be Looked After. For example, you might want more freedom to make decisions about the care of the child.
Before making any decisions about this, make sure you get advice. You will probably want to talk to them both. Not Looked After doesn't mean the child is neglected in terms of being clothed, fed and loved on an everyday basis. The local council has a duty to look out for the interests of a Not Looked After child, but it's the same duty they have towards all children in their area.
They have more duties towards Looked After children. When the child isn't Looked After you may still be referred to as an 'informal' kinship carer. Local councils in Scotland must pay a kinship care allowance to kinship carers of children who are Not Looked After if you have a residence order also called a kinship care order for the child living with you and the child:. These terms and what they actually mean for a kinship carer and a child in the family might be difficult to understand.
The local council has been given guidance by the Scottish government about how to assess the wellbeing of a child and this might be the process that is used to assess a family when a child may be 'at risk'. See more about assessment of wellbeing.
It is generally the person that the child 'regularly, usually, typically' lives with. This means that if the child lives in one home for three days of the week and the other for four days, for example, the person who cares for the child for four days will be eligible to claim.
Benefits for kinship carers are complicated. Contact your nearest Citizens Advice Bureau to get advice. Local councils must provide kinship care assistance in such a way as to safeguard, support and promote the wellbeing of an eligible child.
What this means in practice is explained generally below but each local council also has to provide public information about the kinship care assistance it provides The Kinship Care Assistance Scotland Order no - section 9. If your local council has not provided this information it might be helpful to ask what its policy is. You have the right as a kinship carer to ask the local council for assistance, such as one-off payments, alternative care for the child while you take a break.
The local council might not always respond positively to requests, but they should always treat such requests with respect. If they do not, you can complain. Your local Citizens Advice Bureau can help with this. All newborn babies in Scotland are entitled to their own Baby Box. There is more information and helpline details for the Baby Box on the ParentClub website. No one wants to see this happen when solutions can be found within the family. It means that a proper assessment can be made of current arrangements in the best interests of the child.
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