3.3.7 Allegations and Complaints Against Foster Carers |
SCOPE OF THIS CHAPTER
This chapter should be read in conjunction with the following:
Foster carer's handbook
London Child Protection Procedure: Allegations Against Staff
Fostering Network: Managing Abuse Allegations
AMENDMENT
This chapter replaces all other editions and should be re read in its entirety.
Contents
- Policy Statement
- Legislation and Regulatory Guidance
- Delegation
- Definitions
- Investigating an Allegation of Abuse or Neglect
- Immediate Placement Considerations
- Complex Strategy Meeting
- Process of Investigation
- Informing Foster Carers
- Role of Supervising Social Worker
- Foster Carer's Rights and Responsibilities
- Outcome of the Investigation
- Report to Fostering Panel
- Termination of Approval and Change of Approval
- Post Investigation
- Investigation of Complaints
- Abuse Against Foster Carers
1. Policy Statement
| 1.1 | These procedures should be read in conjunction with the Foster Carer's Handbook. And the Legislation and Guidance noted in Section 2 (see Section 2, Legislation and Regulatory Guidance) in particular chapter 15 on the London CP procedures and Appendix 5 of Working Together. |
| 1.2 | The Department will treat all allegations and complaints against Foster Carers seriously and respond promptly. During the course of the Department's investigation, staff will act towards Foster Carers with courtesy and consideration, ensuring the process is as transparent as possible. |
| 1.3 | Foster carers must be offered support during investigations of complaints or Child Protection by their Supervising Social Worker or by an independent supporter, for example another foster carer, Fostering Network or Local Foster Care Association, but only if the foster carer gives permission. |
| 1.4 | Staff will listen carefully to an allegation from a child and ensure it is taken seriously and investigated fully. |
| 1.5 | Any allegation about a foster carer will be investigated promptly and fully and the foster carer informed in writing of the outcome of the allegation. Foster carers must be given information verbally and this must be confirmed in writing, about the nature of an allegation and the progress of an investigation, subject only to the need not to prejudice the safety of the child. Carers have a right to be heard. |
| 1.6 | The local authority has a statutory duty to safeguard and promote the welfare of Looked After Children and to provide safe placements for them. The majority of CLA are placed in foster care. |
| 1.7 | Although unusual, physical, emotional and Sexual Abuse and Neglect can occur in foster homes and must be investigated promptly and thoroughly. |
| 1.8 | Foster families often care for extremely damaged and demanding children. Foster families are in a vulnerable position and it will be difficult at times to prove or disprove allegations, as there is rarely a third party who has witnessed a particular incident. |
| 1.9 | At all times there must be full and effective communication between the field work service responsible for investigating the complaint or allegation and the Fostering Team. |
| 1.10 | When an investigation shows no child protection concerns, it is important that a carer's future fostering career should be protected as far as possible from lingering doubts |
| 1.11 | When an investigation does conclude there are concerns about the care given by a foster carer, the foster carers should still continue to be given appropriate advice and guidance by the Department. |
| 1.12 | All staff in the London Borough of Lambeth Specialist Services must follow these procedures. They detail how staff should respond if there is an allegation or complaint against a foster carer. |
| 1.13 | Staff must act in accordance with Lambeth's Equal Opportunities Policy in applying these procedures. |
| 1.14 | These procedures complement the London Child Protection Procedures. Successful child protection work depends on skilled professional judgement in an inter agency context. |
2. Legislation and Regulatory Guidance
- Representation Procedures (Children) Regulations (1991);
- Working Together to Safeguard Children. (2010);
- Fostering Network "Managing Abuse Allegations";
- London Child Protection Procedures; and
- National Minimum Standards for Fostering Services (74 in Appendix 5 of Working Together, ie a foster carer does fall into the category of employee and the Fostering Team or IFA are the employer)
- It is the responsibility of the LADO where the foster carer lives to consider and/or call a complex strategy meeting, but that the Lambeth LADO can give advise to the SW and/or SSW on the process but will only convene a complex strategy meeting on foster carer living within the London Borough of Lambeth.
3. Delegation
| Discussion regarding the nature of the complaint/allegation | Team Manager as applicable |
| Responsibility to call a Complex Strategy Meeting | LADO where the foster carer lives. |
| Investigation of a complaint/allegation | Senior Social Worker not already involved in the case and with no responsibility for any child placed with the foster carer |
| Decision to remove looked after children from the placement pending investigation | Assistant Director level |
| Convening a Complex Strategy Meeting to decide future action following the completion of the investigation. | LADO |
| Informing a foster carer in writing of the outcome of the Complex Strategy Meeting. | Chair of the Complex Strategy Meeting |
| Decision to initiate Section 47 Enquiries regarding the foster carer's own children | Head of Service level. |
| Informing a carer in writing about the outcome of an investigation. | Head of Service, Adoption and Fostering |
| Recommending a Review of Approval | Team Manager - Fostering |
| Recommendation to terminate approval of a foster carer following the Review of Approval | Fostering Panel |
| Decision to terminate the approval of a foster carer. | Divisional Director, Specialist Services |
| Authority to vary these instructions in individual cases only. | Divisional Director, Specialist Services |
4. Definitions
| 4.1 | Allegation - Specific information of a child protection nature where the threshold for Section 47, Children Act, 1989 may be met (see London Child Protection Procedures, Section 7.3 Section 47 enquiry thresholds and the core assessment). |
| 4.2 | Complaint - A criticism or concern expressed in direct relation to the conduct, attitude and practice of the carer. The complaint will generally concern a "care" issue rather than something causing or likely to cause significant harm. Complaints are normally investigated by supervising social worker. |
5. Investigating an Allegation of Abuse or Neglect
| 5.1 | When a child, or someone on behalf of a child, makes an allegation of abuse or neglect by a Foster Carer, Lambeth's Child Protection Procedures will be invoked (See Referral and Assessment Process Procedure) in conjunction with the London Child Protection Procedures. |
| 5.2 | When an allegation is made or a concern raised by a child or someone on behalf of a child about a foster carer, there must be immediate contact between the Fostering team manager, the supervising social worker for the carer, the relevant children's Team Manager, the SW for the child, the relevant Head of Service and the Head of Service Resources to consider whether the allegation is of a child protection nature in conjunction with the LADO. A Complex Strategy Meeting may be called at this stage. This will decide whether the complaint / concern / allegation is about child protection or standards of care. If it relates to an issue of "care", the matter will be dealt with as a complaint. This discussion must be recorded in both the child's and carer's files. |
| 5.3 | Any allegation about abuse or neglect of foster carers' own child/ren must be responded to in the same way as with any other child. Fostering staff should be informed and involved in the Strategy Discussion / meeting, to provide information and consider the implications for future placements. |
| 5.4 | If the allegation relates to a foster placement in another authority, the referral must be made to that authority and dealt with under its local child protection procedures. |
| 5.5 | Ofsted must be notified of any allegation against a foster carer. |
6. Immediate Placement Considerations
| 6.1 | If the allegation is serious, the Service Managers (A&CP, A&F and Q&P) must consider the ongoing safety of any Looked After children in the placement and make a recommendation to the relevant Assistant Director about whether the children should remain in placement or be removed pending the outcome of the investigation. |
| 6.2 | Note: The Department has a duty to protect children in care and the authority to move looked after children from the placement if they are subject to a Care Order. When they are looked after under Section 20 of the Children Act 1989, the parent or legal carer has the power to move them, but any decision to move such a child may be taken in conjunction with Children's Services staff. Given the legal responsibilities of Local Authorities in respect of looked after children a lower threshold will be applied in reaching a decision about removing a child from a Foster Carer than if the same child were with his/her birth parent or legal carer. |
| 6.3 | If the allegation relates to a member of a Foster Carer's household, the Department may consider requesting that person leave the household temporarily if this would be less traumatic for the alleged victim/s. If the member of the household is also a child, this option may not apply. In such circumstances, the Department will seek to achieve the appropriate balance to ensure that as far as possible the needs of all children affected by the situation are met. In particular, workers and managers must consider and be sensitive to the impact of allegations (with possible implications for the mental health of) on adolescents accused of abuse. |
| 6.4 | If there is a decision that a child should leave the household, the child concerned must be seen by a Social Worker. |
| 6.5 | A decision must be made at the Complex Strategy Meeting about any other children in the household including other foster children placed, the Foster Carers own children, children who are child minded, relatives who visit and previous foster children. The FTM is responsible for informing the SW's of other children in placement immediately. |
7. Complex Strategy Meeting
| 7.1 | A Complex Strategy Meeting (CSM) must be convened within 2 working days (or the same day if removal of the child is being contemplated) if a looked after child is to remain in the placement. A telephone Complex Strategy discussion is only acceptable in an emergency or where a preliminary exchange of information is required prior to the CSM. The CSM should be chaired by the LADO. |
| 7.2 | Membership:
Purpose
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| 7.3 | Confidential minutes of the meeting will be taken and distributed to participants within 2 working days. Minutes of the meeting must be placed on the files of both the foster carer and the child. However, the minutes should be kept in the "confidential - not to be disclosed" section of the foster care's and child's files as they will contain information about a third party (i.e. the foster carer) that the parent or child do not have the right of access to. If the CAIT decide there are no grounds for criminal proceedings, the reasons should be clearly recorded. The LADO and minute taker work to the same protocol for CP conference, which is to have decisions sent out with 48 hours and minutes within 15 working days. |
| 7.4 | If members of the CSM decide the concern should be dealt with as a complaint (see above for definition) the meeting will end at that point, though they may make recommendations to SW staff about how the complaint should be dealt with. |
| 7.5 | Even if members of the CSM consider the allegation is unlikely to be true, the matter must be fully investigated for both the child and carer's sakes and a clear account of the findings of the investigation placed on both the child's and carer's files so future doubt or misunderstanding does not occur. |
| 7.6 | If the members of the CSM believe the allegation is totally unfounded, a decision not to pursue the investigation may only be taken with the agreement of an Assistant Director who will authorise an entry on the file to that effect. |
8. Process of Investigation
| 8.1 | If an investigation takes place, the foster carers must be interviewed by a Social Worker who is independent of the child's placement or any other children in the placement and who has skills and experience in child protection work. Members of the CSM may decide there will be a joint investigation and a joint interview conducted between the Police Child Abuse Investigation Team (CAIT) and the independent social worker. |
| 8.2 | Unless there are exceptional circumstances, the child involved in the allegations should be interviewed by a SW independent of the case and skilled in communication with children and the interview fully recorded. This may be the same SW who interviews the foster carer. The CSM may recommend a joint interview conducted between the Police CAIT and Children's Specialist Services. |
| 8.3 | Consent to the interview of the child must be obtained from the parent or person with Parental Responsibility if the child is Accommodated (Section 20, Children Act, 1989). If the child is subject to a Care Order, this is also good practice but will depend on the circumstances and the plan for the child. |
| 8.4 | If the allegation is of recent physical or sexual abuse, members of the CSM may recommend medical examination of the child. The consent of the parent or person with parental responsibility must be obtained if the child is not on a Care Order. |
| 8.5 | The parent should be informed of the allegation. A record of any CSMs and planning meetings must be made and placed on the files of both the foster carer and the child (in the confidential section as the child and their parent do not have the right of access to confidential information about third party (i.e. the foster carer) and on the respective Framework files. If the Police or Crown Prosecution Service (CPS) decides there are no grounds for criminal proceedings, the reasons should be clearly recorded. |
9. Informing Foster Carers
| 9.1 | Members of the CSM will decide who will inform Foster Carers of the nature of the allegation. Verbal discussion with the Foster Carer will be confirmed in writing by the agreed person (often but not necessarily the Team Manager Fostering Support) within 3 working days of the Complex Strategy meeting, unless this would prejudice any aspect of the investigation. If the Foster Carers do not know who has made the allegation, the Department must not divulge this without permission of the complainant. |
10. Role of Supervising Social Worker
| 10.1 | The Supervising Social Worker will attend all meetings, but will not usually carry out any aspects of the investigation. Their role is to support the Foster Carers and family members, by listening to their concerns, clarifying procedures, and advising about their rights. The Supervising Social Worker will also ensure Foster Carers who are being investigated are helped to access independent support by giving relevant information about contacts for legal advice and the role of the local and national Fostering Network. |
| 10.2 | The carer must be told that in the event of an allegation resulting in legal proceedings, the Supervising Social Worker may be subpoenaed to give evidence. On the basis of the past however this is unlikely. |
11. Foster Carer's Rights and Responsibilities
| 11.1 | When the allegation is one of physical abuse, and medical evidence is presented, the Foster Carer has the right to request a second medical opinion. Any costs involved will be borne by the carer. They may not ask for a further physical examination to be carried out, as this could constitute further abuse of the child. |
| 11.2 | It is important that the child/ren's SW and Supervising Social Worker stay in regular contact with each other during the course of the investigation. |
| 11.3 | Where the results of an investigation do not support the allegation/s, it is imperative to consider what steps the Department can take to protect the carer's reputation and future fostering career. |
| 11.4 | When an investigation finds evidence to support the allegation, Foster Carers should continue to be given advice and guidance by the Department. |
| 11.5 | The Foster Carer will be encouraged to prepare their own written record of events, which the Supervising Social Worker will place on their file. |
12. Outcome of the Investigation
| 12.1 | The investigation of the allegation will lead to one of 5 findings: Allegation proven and concern remains - where this is the result of malice, recklessness, deliberate action or inaction by the foster carer. Actions that must take place are:
Other action that may be considered or already happening would include:
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| 12.2 | Allegation proven and no concern remains - where an allegation is proven but the child protection issue was not deliberately caused (for example where the incident or circumstance was as a result of a Foster Carer's uncharacteristic behaviour). Actions that must take place:
Other action that may be considered or already in place:
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| 12.3 | Untrue allegation - where the allegation is proved to be unfounded the following must happen:
Other action that may be considered or already in place:
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| 12.4 | Allegation unproven and concern remains - there may be circumstances where the investigation results in a finding that the concern or allegation is not proven, but professional concern remains. This will be the case where it is not possible to "prove" what did or did not happen but where there is a high level of belief by professionals that some or all of the concern is justified. The following actions must take place:
Other action that may be considered or already in place:
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| 12.5 | Allegation unproven and no concern remains - there may be circumstances where the investigation results in the finding that the concern or allegation is not proven, and there is no professional concern. This will be the case where it is not possible to "prove" what did or did not happen but where there is a high level of belief by professionals the concern was not justified. In these circumstances the following actions must take place:
Other action that may be considered or already in place:
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13. Report to Fostering Panel
| 13.1 | The investigating SW will prepare a full report of the allegation / concern, the investigation, the outcome, the actions of the Department (e.g. removal of children, suspension of foster carer) and the outcome of the re-assessment. |
| 13.2 | The report will be presented to the Fostering Panel. |
| 13.3 | Foster Carers may make submissions to the Panel in writing via their Supervising Social Worker. They will also be invited to attend the Panel to make their submission. The chairperson may request that the foster carers are not party to all the discussion of their case because of the need for confidentiality, for example if there is third party information. The chairperson will decide how much time the foster carers have to speak at the Panel. The arrangements must be confirmed in writing to the foster carers. Panel members must be told that the foster carer will be attending. |
| 13.4 | Following the recommendation by the Panel, the foster carer may make further representations within 28 days to the Divisional Director, Specialist Services, who will arrange a meeting with them, their Supervising Social Worker and the Fostering Team Manager. Following this meeting the Divisional Director will make a decision about their approval. |
| 13.5 | The decision of the Divisional Director will be confirmed in writing to the foster carer. Conditions for continuing approval, re-assessment, etc. will be made clear at this stage giving the foster carer the opportunity to comment upon the outcome. |
| 13.6 | Should the decision be made to deregister the carers, they will be advised by the Team Manager Fostering Support both verbally and in writing of their right to approach the Independent Review Mechanism for a review of the decision. |
14. Termination of Approval and Change of Approval
| 14.1 | The Divisional Director will make decisions about terminating foster carer's approval and will write to the foster carers notifying the decision and giving the reasons for the decision. Foster carers must be advised of the Complaints Procedure. |
| 14.2 | Changes of approval will be notified to the foster carers in writing by the Team Manager, Fostering Support and placed on their file. Foster carers must be advised of the Complaints Procedure. |
| 14.3 | When there are concerns, but these are not serious, the foster carer may be offered training or additional support to continue fostering. This must be discussed with them by the Supervising Social Worker and confirmed in writing. |
15. Post Investigation
| 15.1 | The supervising social worker will invite the Foster carers to comment and express their views about the investigation and their comments should be placed on their file. |
| 15.2 | Foster carers are entitled to know what information will be made available to social workers when placing children with them in the future. |
| 15.3 | Following an investigation, consideration should be given to holding a Resolution Meeting involving the foster carers, Supervising Social Worker, child's Social Worker, Field Work Manager and Fostering Support Team Manager. The main purpose will be to share issues and feelings about the investigations between the foster carers and the Department in order to re-establish working relationships and future agreements. |
| 15.4 | A Resolution Meeting may be held involving the foster carers and relevant staff. The purpose is to share issues and feelings about the investigation to re-establish working relationships and future agreements. |
| 15.5 | The local authority must inform Ofsted of any investigations of allegations against foster carers and the outcome of those investigations. |
16. Investigation of Complaints
| 16.1 | Complaints about standards of care are different from allegations of abuse and must be clearly distinguished. They do however require a careful and prompt response. A complaint is a criticism, concern or dispute expressed in direct relation to the conduct, attitude and practice of a carer. In these cases workers involved should attempt to resolve the matter at an early stage through discussion and negotiation with those directly involved in the case. |
| 16.2 | If the matter cannot be resolved by informal discussion and negotiation, the complainant should be advised to make a formal complaint and the Complaint procedure should be followed. |
| 16.3 | When investigating a complaint, there should always be understanding and acknowledgement of the stresses associated with caring for looked after children. |
| 16.4 | Once the informal resolution stage has passed, a SW, Manager or other officer who is independent of the case will be identified to investigate the complaint (see the LBC Representation and Complaints Procedure) |
17. Abuse Against Foster Carers
| 17.1 | Reporting |
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| 17.1.1 | When a Foster Carer has been the subject of physical abuse however caused, or significant verbal abuse, by a looked after child or their parents or friends, Supervising Social Workers will complete an LBS Accident/Incident/Violent Investigative Report Form and pass it to the Team Manager, Fostering Support The Supervising Social Worker and FTM will discuss the action required to support the Foster Carer and to prevent the repeat of such incidents. Once this has been agreed the form, and if necessary a brief report, will be given to the Head of Service Resources |
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| 17.1.2 | Foster carers are entitled to the full support of the Department in being protected from threats, abuse or violence. Where applicable, London Borough of Lambeth will support them in making referrals to the Police to report crimes against them, their family or their property. | |
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