Child Arrangements Order (with Residence Requirement) Allowance

Process to be followed when the Local Authority is supporting an application made by a family member or relative for a Child Arrangements Order or Special Guardianship Order.

If those with Parental Responsibility (PR) for the child or children are supporting the application:

  1. The Local Authority offers to fund a single independent legal consultation and provides a list of registered law firms to discuss their intention to apply;
  2. The family member or relative confirms with the child's social worker their decision to proceed with their application;
  3. Those with PR confirm their support for the application with the child's social worker;
  4. The relative / family member completes and files the application with the local family court. The social worker can assist with this process;
  5. The social worker emails childcareparalegal@rotherham.gov.uk, copying in their Area Service Manager, confirming that the Local Authority will be funding the application;
  6. The court charges the application cost to the RMBC Paralegal, who recharge children's safeguarding, children and families via the appropriate service manager.

If the relative or family member application is not supported by those with PR for the child or children:

  1. The relative or family member is advised by the social worker to obtain a quote from a solicitor, costs not exceeding level of public funding (Usually to the limit of £1,500). If requested a list of registered solicitors is available from Childcare Paralegals;
  2. The Area Service Manager gives written confirmation of the agreement to fund the application;
  3. The legal firm invoices the Local Authority directly on conclusion of the proceedings.

The flowchart outlines the process to be followed when the Local Authority is supporting an application made by a family member or relative for a Child Arrangements Order or Special Guardianship Order. It should be followed in conjunction with the guidance notes.

tri.x procedures