2.2.9 Private Fostering |
This document is to be reviewed a minimum of every 3 years after its approval date. The next review to occur no later than July 2012. Incremental reviews may take place as required by practice or legislation.
Contents
1. Introduction
Private fostering is an arrangement between a child's parents and another person to transfer the primary care of that child when the parent is no longer able to do so. The person providing the care for the child is known as the private foster carer. Private foster carers are not formally assessed and approved in the same way that local authority foster carers are, and privately fostered children are not regarded as Looked After Children. Nevertheless, privately fostered children need their welfare safeguarded and promoted due to their unique circumstances.
Local authorities are duty bound to safeguard the welfare of privately fostered children. In an effort to do this without interfering in a family's private arrangements for the care of their child, regulations for private fostering arrangements are in place to provide a framework that enables the local authority to ensure that the privately fostered child is safe and well cared for.
2. Private Fostering Policy
2.1 Policy Statement
- The London Borough of Lambeth accepts its responsibility to safeguard and promote the welfare of each known privately fostered child in order to secure and promote their positive outcomes and reduce any risks to their welfare and safety.
- Lambeth's Private Fostering Team will safeguard and promote the welfare of privately fostered children by effectively assessing and determining the suitability of all aspects of the private fostering arrangement in accordance with the regulations.
- The Private Fostering Team will promote awareness of the notification requirements amongst staff within all areas of the department of Children and Young People's Service, community professionals (e.g. GP's, education providers, health visitors, mental health services, hospital staff, housing services, probation services, early years providers etc), community faith group leaders and residents within the borough. This awareness raising campaign will be ongoing and serve to teach and reinforce the roles and responsibilities of everyone in relation to the notification of private fostering arrangements.
- The Private Fostering Team aims to improve notification rates and compliance with the private fostering legislative framework.
- The Private Fostering Team will provide private foster carers, parents and privately fostered children with advice, information and support as required.
- The Head of Service for Family Support and Child Protection has the ultimate decision making responsibility with respect to findings of suitability, imposition of requirements, prohibitions, disqualifications and exemptions for proposed or actual private fostering arrangements.
2.2 Policy Objectives
- The key objective of this policy is for privately fostered children in Lambeth to be protected and kept safe.
- Additionally, the objective of this policy is to guide practitioners in their work towards promoting positive outcomes for privately fostered children in relation to being healthy, staying safe, enjoying and achieving, making a positive contribution and achieving economic wellbeing.
- A third objective of this policy is to reinforce and encourage staff in Lambeth's Children and Young People's Service and partner agencies to be aware of their roles and responsibilities in relation to private fostering.
2.3 Principles
- The welfare of the child is the paramount consideration in all decisions and actions taken by the local authority.
- Privately fostered children are a particularly vulnerable group of children whose welfare needs to be satisfactorily safeguarded and protected.
- Children in private fostering arrangements are a diverse group with diverse needs.
- The local authority will pay particular regard to the ascertainable views, wishes and feelings of the child.
- The private foster carer becomes responsible for the day to day care of the child but the overarching Parental Responsibility remains with the child's parents or other persons who have acquired parental responsibility.
- All efforts will be made to ensure that there are satisfactory arrangements in place to meet the child's racial, cultural, linguistic and religious needs in order to support the child's development of a positive self-image and sense of identity.
- Failure to provide the local authority with notification of a private fostering arrangement is an offence.
2.4 Implementation
- Managers in Social Care will be responsible for ensuring their teams are aware of this policy and the associated procedures through regular briefings and training sessions
- This document will be made available on the Lambeth intranet so that it is accessible for all staff to review and reference
- The Private Fostering Team will be responsible for ensuring that internal staff as well as partner agencies are clear about their roles and responsibilities with respect to private fostering.
- The Private Fostering Team will be responsible for promoting awareness of private fostering within the wider community.
- Lambeth will monitor the way in which it discharges its duties and functions in relation to private fostering by ensuring that an annual written report is presented to both the Director of Children's Services and the Chair of the Lambeth Safeguarding Children Board.
3. Legal Framework and Guidance
The legislation relevant to private fostering is set out in Part 9 of, and Schedule 8 to, the Children Act 1989, and regulations made under Part 9 of that Act: the Children (Private Arrangements for Fostering) Regulations 1991.
Section 67 of and Schedule 8 to, the Children Act 1989 are amended by Section 44 of the Children Act 2004, which came fully into force on 1 July 2005.
The Children Act 2004 inserts a new paragraph (7a) into Schedule 8 of the Children Act 1989 which places a duty on local authorities to promote public awareness in its area of the notification requirements.
The amended section 67(1) extends the duty of local authorities to satisfy themselves that the welfare of children who are privately fostered within their area is being satisfactorily safeguarded and promoted to include children who are proposed to be privately fostered.
The Children (Private Arrangements for Fostering) Regulations 1991 are replaced by the Children (Privately Arrangements for Fostering) Regulations 2005 effective 1 July 2005.
Standards of care and management for private fostering arrangements are set out in the National Minimum Standards for Private Fostering (2005). Further guidance can be found in the Replacement Children Act 1989 Guidance on Private Fostering (2005).
Section 68 and 70 of the Children Act 1989 deals with disqualifications from being a private foster carer. The Regulations made under Section 68 are the Disqualifications From Caring for Children (England) Regulations 2004.
Section 5.34 of the London Child Protection Procedures (3rd Edition, 2007) provides guidance on how agencies and individual should work together to safeguard and promote the welfare of privately fostered children.
4. Definitions
4.1 Privately Fostered Child
A person aged 16 years or younger with an upper age limit of 18 if the child is disabled.
4.2 Private Fostering Arrangement
A private fostering arrangement is essentially one that is made privately (that is to say without the involvement of a local authority) for the care of a child under the age of 16 (under 18, if disabled) by someone other than a parent, someone with parental responsibility or a close relative with the intention that it should last for 28 days or more.
4.3 Close Relative
The Children Act 1989 defines a close relative as a:
- Sibling
- Grandparent
- Aunt/Uncle
- Step-Parent
These relationships can be of full blood, half blood or by marriage.
4.4 Step-Parent
A step-parent is someone who is party to a marriage in relation to whom the child is a child of the family.
If the step-parent is legally divorced from the child's parent, they no longer qualify as a close relative as the legal relationship is severed by the divorce.
4.5 Parental Responsibility
Parental responsibility is a legal concept that refers to all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property.
A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another, but may arrange for some or all of it to be met by one or more persons acting on their behalf. The making of any such arrangement shall not affect any liability of the person making it, which may arise from any failure to meet any part of the parental responsibility for the child concerned.
4.6 Responsibility of Carers
A person who does not have Parental Responsibility for a particular child, but has care of the child, may do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare.
4.7 Appropriate Local Authority
The local authority within whose area the child is being privately fostered; or in the case of a proposal to foster a child privately, the local authority within whose area it is proposed that the child will be fostered privately.
4.8 Notification
The legal requirement set upon parents, those with parental responsibility, the proposed or actual private foster carer and anyone involved, directly or indirectly, in privately arranging the care of a child to alert the local authority of the arrangement 6 weeks prior to the arrangement commencing, within 48hours of the child's placement if it was arranged as a result of an emergency, or immediately if the arrangement is already in place.
4.9 Suitability
The responsibility of the local authority to assess all proposed and actual private fostering arrangements to determine that the care, premises and resources in place is in accordance with the child's need for safety and security. Suitability is assessed following notification and further monitored for the duration of the private fostering arrangement.
4.10 Requirements
The regulations permit the department to impose certain requirements - for example limits on the number of children in the placement or in relation to the standards of the accommodation or particular arrangements in relation to the care that must be carried out.
Requirements are communicated in writing and can be appealed against.
4.11 Prohibitions
The regulations also allow the department to prohibit individuals from acting as private foster carers if they are deemed to be unsuitable, the accommodation is unsuitable or the arrangement is contrary to the child's welfare.
Prohibitions are communicated both in writing and can be appealed against.
4.12 Disqualifications
There are a number of specific circumstances where an individual may be disqualified from acting as a private foster carer, for example:
- If an individual has been convicted of specific offences
- If an individual is the parent of a child who has been made subject of a care or supervision order
- If an individual has been previously prohibited from being a private foster carer.
5. Duties of the Local Authority
Section 67(1) of the Children Act 1989 states that local authorities have a duty to be notified about private fostering arrangements in their area and to satisfy themselves that the welfare of children who are privately fostered in their area is being satisfactorily safeguarded and promoted and to secure that such advice is given to those caring for them as appears to the authority to be needed. Broadly, the duties fall into three types of activity:
- Giving and receiving notifications
- Ascertaining the suitability of private foster carers in their households
- Monitoring private fostering arrangements through visits and written records.
The new measures in the Children Act 2004 and the Children (Private Arrangements for Fostering) Regulations 2005 are intended to strengthen and enhance the existing private fostering notification scheme. Local authorities have the responsibility to raise public awareness in their area about private fostering arrangement notification requirements.
These new measures along with the National Minimum Standards for Private Fostering, 2005, focus the attention of all local authorities on private fostering and require them to take a more proactive approach in partnership with other agencies and professionals in identifying private fostering arrangements in their area.
6. Powers of the Local Authority
The decision to use any of the following powers is usually made in consultation between the social worker responsible for the case, the private fostering managers, legal services and the head of service. Wherever there is not any immediate risk to the child, consideration to use any of the local authority's powers should be made within the panel framework.
The local authority may:
- Impose requirements on the person who is or intends to privately foster a child as to:
- The number, age and sex of children who may be privately fostered by him/her
- The standard of the accommodation and equipment to be provided for them
- Arrangements with respect to the child's health and safety
- Particular arrangements relating to the provision of care which must be carried out
- Impose prohibitions in respect of the private arrangements in the following circumstances:
- If the private foster carer is not suitable to care for a child under private arrangements
- If the premises are deemed to be unsuitable
- If it would be prejudicial to the child's welfare for him/her to be or to continue to be fostered by the person in the premises concerned.
- Disqualify the person from acting as a private foster carer in certain circumstances, such as:
- If the person is a parent of a child who has been made subject of a Care/Supervision Order
- If the person has been convicted of offences described in a relevant schedule. See Section 68 of the Children Act 1989 which deals with disqualification from being a private foster carer. The Regulations made under Section 68 are the Disqualification From Caring for Children (England) Regulations 2004.
- Prosecute a private foster carer for the following offences:
- Persistent and flagrant failure to notify the authority of private fostering arrangements
- Refusal to allow a privately fostered child to be visited by an authorised officer who has produced appropriate identification
- Knowingly continuing to privately foster whilst prohibited or disqualified from doing so
- Failure to comply with requirements imposed by the local authority
- Advertising in respect of private fostering without publishing a name and address
7. Training for Relevant Staff
Training in relation to private fostering will be provided as part of the multi agency Lambeth Safeguarding Children Board foundation safeguarding training program. The Private Fostering Team will also provide training to all newly qualified and newly hired social workers joining Lambeth's Children and Young People Service during their Induction Week. Ongoing child care, child protection and Child In Need training will include a section on private fostering.
Training will be offered at different levels for different professionals and will cover information on the history of private fostering, notification requirements and the assessment and monitoring process.
Relevant staff will further gain understanding and expertise in relation to private fostering through regular workshops, active participation in the conferences and initiatives led by BAAF and an opportunity to deliver presentations about private fostering to colleagues within the department to maintain a regular cycle of refresher courses in this area of safeguarding.
8. Notification Requirements
There is a shared and individual responsibility for interested individuals to notify the local authority about a private fostering arrangement.
- A person who proposes to privately foster a child and is not yet caring and providing accommodation for that child is required to notify the local authority in writing not less than 6 weeks and not more than 13 weeks before he receives the child (Regulation 3(1)).
- A parent of a child, or any other person with Parental Responsibility for the child, who proposes, or knows that it is proposed that the child is to be privately fostered must notify the local authority in writing not less than 6 weeks and not more than 13 weeks before the arrangement is to begin (Regulation 3(2)).
- A person who is involved, directly or indirectly, in arranging for a child to be privately fostered shall notify the appropriate local authority in writing not less than 6 weeks and not more than 13 weeks before the arrangement is to begin (Regulation 3(3)).
- Where a private fostering arrangement is made in an emergency situation, it is required that the private fostering carer, parent (or any other person with parental responsibility) and any other person who is directly or indirectly involved in making the arrangement notify the local authority within 48 hours of the child being placed in the new arrangement (Regulation 7(1))
8.1 Content of Notice
Regulations 3(4) and 7(2) require that the content of the notice must specify:
- The name, sex, date and place of birth, religious persuasion, racial origin and cultural and linguistic background of the child
- The name and current address of the person giving notice and any of their previous addresses within the last 5 years
- The intended duration of the private fostering arrangement
- The name and address of the parent of the child or of any other person with Parental Responsibility, and , if different, of the person from whom the child is to be received
- The name and address of any brothers and sisters where known.
- The name and address of any other person who is involved in making the arrangement
- The intended date on which the arrangement will begin
- The particulars of any offence of which the proposed private foster carer has been convicted
- Any disqualification or prohibition imposed on the proposed private foster carer under section 68 or 69 of the Children Act 1989, any such conviction, disqualification or prohibition imposed on any other person living or employed at the household where it is intended the child will be privately fostered.
8.2 Changes of Circumstances
Regulation 13 outlines that private foster carers are required to notify the local authority in writing of certain changes in circumstance in advance if it is practicable to do so, but no more than 48 hours after the change has taken place. They are required to notify the local authority of:
- Any person who begins or ceases to be part of the their household
- Any new conviction, disqualification or prohibition of theirs or any person living or employed in their household
- Any change in their address
- If the child leaves their household or the private foster placement is otherwise ended
- The child's death
8.3 Notification to Other Local Authorities
If the carer moves to another local authority area, including Scotland, Wales and Northern Ireland, the authority receiving the notice must inform the other local authority of the new address.
8.4 Duties of Other Professionals to Notify the Local Authority
Professionals in education, health, housing and any other service should notify the local authority of a private fostering arrangement that comes to their attention where they are not satisfied that the local authority has been or will be notified of the arrangement. All professionals working with children and their families should work together towards ensuring that private fostering arrangements are notified so that the local authority can discharge its duty to safeguard and promote the welfare of the privately fostered child.
9. Action Required Following Receipt of Notification
The Children (Private Arrangements for Fostering) Regulations 2005 require local authorities to satisfy themselves of the suitability of a proposed arrangement or otherwise exercise their powers to prohibit, or to impose requirements on, the arrangement before the child is privately fostered, where advance notice of the arrangement is given, thereby providing additional safeguards for privately fostered children.
Notification may be received by the Referral and Assessment team, staff working in the longer-term fieldwork teams or directly by the Private Fostering team (See PF1 Private Fostering Notification)
At the point of receiving the notification, staff should ensure that the matter is formally recorded on Framework I taking care to check if any of the relevant parties are already known and create new identities on the system if they are not.
If a private fostering arrangement is identified as part of a separate reason for involvement with Children and Young Peoples Service, the private fostering team should be notified using the workflow on Framework I (See Framework I Workflow Chart).
If notification is received from another local authority about a private fostering arrangement in the Lambeth area, care should be taken to ensure that full written information is received from the previous authority including, where available, details of any previous assessments of suitability, reports on the subsequent progress of the arrangement and any concerns that might have arisen.
Following receipt and recording of the notification, the following actions should be taken:
9.1 Initial Actions by the Private Fostering Team Manager
Once the initial notification is entered on Framework I, the Private Fostering Manager or Deputy Team Manager must:
- Confirm that arrangement falls within the scope of the Private Fostering Regulations
- If not, the contact should be closed on the system and a written explanation for the decision should be sent to the referrer.
- If it is found to be an appropriate referral, the matter would need to progress on the Framework I system for a Private Fostering Arrangement Assessment Record (PFAAR) to be completed within 7 days of receiving the notification
(See Framework I Workflow Chart). - A second task to be completed at this stage is for a Private Fostering Panel Date Request episode to be sent via Framework I to the Private Fostering Team Administrator so that the notification can be included on the agenda of the next panel date.
- The Private Fostering Team Manager or his/her Deputy would then allocate the PFAAR to one of the three qualified social workers within the team to action.
9.2 Initial Actions to be taken by the PFSW
The allocated Private Fostering Social Worker (PFSW) is to first check Framework I records to establish whether the child, the proposed/actual private foster carer, the parent(s) or any other relevant person included in the notification are known to the department.
The next step is for the PFSW to arrange to see the child, the proposed/actual private foster carer and the home where the child is intended or actually residing within 7 working days of the date the notification was received. If it is practicable to do so, the PFSW should make all efforts to see or make contact with the parent(s) or any other person with parental responsibility within this timeframe as well. The PFSW should see and speak with the child alone unless there is a clear reason why this may not be appropriate or possible. During this initial visit, the PFSW will:
- Provide all relevant parties with a copy of the Private Fostering Statement of Purpose in their language of understanding, Private Fostering leaflets specific to their role within the arrangement (i.e. the parent, child or carer), a copy of the department's complaints procedure and the PFSW's direct contact details
- Explain Lambeth's Children and Young Peoples Service' Policy and Procedures so that all relevant parties are clear about the local authority's statutory duties, their own rights and responsibilities and what to expect from their involvement with the Private Fostering Team
- Undertake an Initial Assessment of the child's needs and consider whether they require any additional services as a Child In Need (child will need to be seen, and where possible, spoken to alone to complete this process)
- Discuss and explore whether any support or referral to another agency would diminish the need for the child to be privately fostered
- Verify that the anticipated start date and intended duration of the private fostering arrangement has been understood and agreed between the parent of the child, or other person with Parental Responsibility, and the proposed/actual private foster carer
- Ensure that the arrangements for contact between the child and his parent(s), or any person with parental responsibility, and other persons who are significant to the child (e.g. sibling, family members, or close friends) have been agreed and understood. It is important to assess whether these arrangements will be satisfactory for the child and consistent with his /her best interest
- Ensure that that the parents(s) have agreed with the proposed/actual private foster carer satisfactory financial arrangements for the care and maintenance of the child
- Ensure that appropriate arrangements have been agreed for the child to have any access to any necessary medical and dental care and treatment whilst they are privately fostered
- Check what arrangements have been made to ensure that the child has access to appropriate education
- Clarify what arrangements have been made to ensure that the child's needs arising from religious association, racial origin, cultural and linguistic background will be met in the private fostering arrangement
- Clarify how parental responsibility for the child will be exercised, including what will be delegated to the private foster carer in terms of providing the day to day care of the child
- Advise the parents and carer(s) about the value of completing a written agreement in relation to the above. The PFSW can provide the written agreement available as part of the PFAAR for this purpose
- Arrange for all adult members of the household (including young people who are 16 years old and above) to complete the CRB consent form and the CRB form itself. The PFSW needs to ensure that they complete the Documentary Evidence Sheet towards this end (See Criminal Records Bureau Documentary Evidence Sheet)
. The PFSW should offer any assistance that might be required in this process - Obtain the name and contact details of ideally three but no less than two people who can serve as referees for the proposed/actual private foster carer
- Obtain written consent from the proposed/actual private foster carer to allow health checks from his/her GP (See Criminal Records Bureau Documentary Evidence Sheet)
- Obtain written consent from the parent(s), person with parental responsibility, and/or the proposed/actual private foster carer to allow for health and education checks for the child
- Carry out a Health and Safety Assessment of the physical living environment the child is or is proposed to be residing in (See PF3 Private Fostering Health and Safety Checklist).
- Make the proposed/actual private foster carer and the parent(s) or any one with Parental Responsibility aware of the need to notify the Private Fostering Team of any changes in the circumstances such as: convictions, changes in the composition of the household, moving house, serious illness, death
- Discuss and agree arrangements to meet the child in advance of the placement to ascertain their wishes and feelings about the proposed arrangement (where it is found to appropriate taking into account the child's age and understanding). Where the child is already living in the private fostering arrangement, it is required that the child is seen alone for the purpose of ascertaining their wishes and feelings about the arrangement they are in
- Ensure that the parent(s), private foster carers and any other relevant person, understand the need to notify the Private Fostering Team within 48hrs of the child's placement if he/she is not already placed in the arrangement at the time of this assessment
- Initiate all statutory checks with Criminal Records Bureau, health, education and the referees
- Complete the Private Fostering Arrangement Assessment Record (PFAAR) and submit to line manager via Framework I for authorisation to allow for it to be completed within 7 working days of the notification
- Provide the child, proposed/actual private foster carer and parent with any advice, guidance or support that they may need
- Present the new notification to the Private Fostering Panel
10 Private Fostering Panel Procedures
The Private Fostering Panel is the forum in which all notifications and private fostering arrangements are reported and monitored respectively. Private foster carers are not 'approved' by the panel nor formally registered in anyway.
The panel's role is to provide a level of independent scrutiny and to make recommendations to the chair and decision maker, who is the Family Support and Child Protection Head of Service. The focus of the panel's consideration is the suitability of the arrangement in promoting and safeguarding the child's welfare. The panel therefore:
- Considers the suitability of the private fostering arrangement in line with the child's welfare and safeguarding needs
- Makes certain that there is uniformity of approach in the assessment of private fostering arrangements
- Identifies concerns and makes recommendations to address the concerns
- Will recommend the terms to which the agreement is set.
- Consider any appeals made to the recommendations of the panel
- Receive, consider and recommend responses and actions to any serious complaints or allegations made about the private foster carer or anyone else involved in the private fostering arrangement
- Receive updates about any major change in the circumstances of the private fostering arrangement, including the death of any privately fostered children
- Where necessary, will impose requirements, take steps to prohibit or disqualify a private foster carer from caring for a particular child or any child
- Review the status of all arrangements annually
- Monitor the activities of the Private Fostering Team, particularly in relation to the numbers of referrals received and the timescales of responses to new notifications
10.1 Composition of the Private Fostering Panel
The panel will consist of up to ten members one of which should be from health services and another from education. The panel will need to have three members of which one has to be independent in order to constitute a quorum.
Members include:
- Family Support and Child Protection Head of Service (Chair)
- A representative from Education
- A representative from Health
- A representative from Legal Services
- Private Fostering Team Manager and/or Deputy Team Manager
- An Independent Person
- Independent Reviewing Officer
- A senior representative from the department's Referral and Assessment Service
- A senior representative from the department's Family Support and Child Protection Service
- A representative from Housing
10.2Attendance at the Private Fostering Panel
- The private fostering arrangement is presented to the panel by the allocated social worker and his or her line manager.
- If there are more than one social workers or line managers holding case responsibility, they should all attend the panel or provide a written update of their involvement with the arrangement.
10.3The Social Worker's Presentation to the Panel
When the PFSW attends the panel, he/she should be prepared to present the following:
- The most recent PFAAR or Regulation 8 record that has been completed
- The status and outcome of each of the following statutory checks:
- the child's medical report in the form of a letter from the GP and any other reports from health visitors, specialists or mental health services where necessary
- the child's education report in the form of a letter from the child's school, nursery or play group
- the proposed or actual carer's Criminal Records Bureau check in the form of a formal CRB disclosure
- the proposed or actual carer's medical report in the form of a letter from their GP, health specialists or mental health services where necessary
- the three written references about the proposed or actual carer's suitability to act as the child's primary care giver. Where this is not possible, two references will be accepted as a minimum to satisfy this requirement
- the health and safety assessment of where the child is or is proposed to be care for
- Confirmation of the date of notification and the date the initial visit was completed to allow for monitoring of statutory timescales
- A summary of the recent case activity
- Feedback of the views of the child, proposed or actual private foster carer and the parent or the person with Parental Responsibility
The social worker will inform the actual or proposed private foster carer, the child and their parent or person with parental responsibility of the panel's recommendations both in person where possible and in writing once the panel decisions have been approved by the panel chair.
10.4 The Role of the Private Fostering Team Administrator
The administrator should complete the following tasks in preparation for each panel:
- Distribute the panel agenda along with the most recent report for each child that is due to be presented in the form of an email to all standing panel members and invited guests at least 5 working days in advance of the panel date
- Distribute the minutes of the previous panel discussions with respect to each child that is due to be presented as well as any other business that was discussed in hard copy format to all those in attendance on the day of the panel
On the day of the panel, it is the responsibility of the team administrator to record who was in attendance, record the minutes of the meeting in respect of each child being presented and any other business that was discussed.
The administrator should then complete the following tasks following each panel:
- Complete the panel record on each child in Framework I (See PF2 Declaration of Suitability to Foster Children Privately)
- Send each completed panel record via Framework I to the panel chair, the Family Support and Child Protection Head of Service, for authorisation
The panel chair will then review and authorise each record and send the administrator the following episode to be completed for the next panel. (Refer to Framework I Workflow Chart).
10.5 Panel Review of Private Fostering Arrangements
Following the Private Fostering Panel's receipt of notification, the panel is to review each private fostering arrangement on a three monthly cycle unless specific matters arise that require a case to be presented to the panel sooner than its review schedule.
The PFSW should be prepared to present to the panel an update of the status of each of the items that were initially shared as outlined in section The Social Worker presentation to the Panel (Fostering Panel Procedure) above for each private fostering arrangement that is scheduled for and update or review.
10.6 Review of Statutory Checks
Following the initial collection of all the required statutory checks according to private fostering regulations, any arrangement that lasts for over 12 months will require new checks of the carer's health, child's health and child's education on an annual basis.
CRB checks on the private foster carer and anyone over the age of 16 that resides within the household will need to be completed on a three yearly cycle unless there is a specific reason why this check should be completed earlier.
11. Financial Support
The primary responsibility for the financial support of the placement rests with the child's parents or those with Parental Responsibility for the child. As mentioned elsewhere throughout this document, the PFSW should check that proper financial arrangements are agreed and that they are operating satisfactorily in keeping with the needs of the child.
The proposed or actual private foster carer should be advised that the local authority does not have any financial responsibility with respect to the private fostering arrangement and that they should approach the parents and those with parental responsibility for the child for any monetary needs.
In some exceptional circumstances, the department may exercise its discretion to provide a level of funding for a short, time limited period from Section 17 funds where this is necessary to promoting the child's welfare.
The PFSW will provide advice and information about the social security benefits that the private foster carer is entitled to while in the role as the primary care giver for the child, i.e. Child Benefits.
In the event that a level of ongoing financial support is needed, consideration will need to be given as to whether the proposed or actual private fostering arrangement is in fact suitable for the child.
12. Supervision of the Private Fostering Arrangement
Local Authorities have a duty to monitor the private fostering arrangement throughout its duration in order to ensure that the welfare of the child continues to be safeguarded and promoted. The direct supervision of the private fostering arrangement is the responsibility of the PFSW and their line manager whilst the overall monitoring of compliance is the responsibility of the Private Fostering Panel.
The private fostering arrangement visitation requirements are:
- At least once in the first 7 working days following notification of the actual or proposed arrangement
- At least once in intervals of no more than 6 weeks following the initial visit in the first 12 months of the child living within the private fostering arrangement
- At least once in intervals of no more than 12 weeks in any second or subsequent year that the private fostering arrangement remains active
- In addition to the above minimum requirements, a visit must also be arranged whenever reasonably requested by the child, the private foster carer or the child's family.
The child must be seen at every visit. Unless a clear explanation to the contrary, the child must be seen and spoken to alone on each visit. The purpose of these visits is to continue to monitor the child's welfare and the standard of care provided by the private foster carer so that recommendations about the arrangement can be made based on an informed assessment of the child's needs.
Each visit and the receipt of any new information from partner agencies should also consider what action may need to be taken in terms of meeting the child's needs through:
- Provision of advice, support or services
- Imposing any requirements or prohibitions on the private foster carer
- A referral to the Referral and Assessment service to allow for further action under Section 47of the Children Act 1989 where this is deemed necessary to safeguard and promote the child's welfare
Once the initial visit is recorded on the ICS Private Fostering Arrangement Assessment Record (PFAAR), each subsequent visit should be recorded on the ICS Private Fostering Record (Visit under Regulation 8) document available on Framework I (See PF3 Private Fostering Health and Safety Checklist).
Completed records containing the PFSW's recommendations on the care arrangements should be passed to their line manager for authorisation.
Once the record is authorised, the PFSW must provide the child, carer and parent or person with parental responsibility with a copy of the report for their review, reference and records.
12.1 Termination of a Private Fostering Arrangement
A private fostering arrangement can terminate for the following reasons:
- When the privately fostered child reaches the upper age limit of 16 or 18 the private fostering statutory requirements will cease to apply to him/her
- When the privately fostered child returns to the care and accommodation of their parent, close relative as defined by the Children Act 1989 or someone with Parental Responsibility
- When the private foster carer is awarded parental responsibility following the successful application of a court order toward this end, i.e. a Residence Order
- When the child moves out of the local authority jurisdiction, the arrangement will need to be terminated locally and referred to the relevant authority if he/she remains in a care arrangement that falls within private fostering regulations
- When the child becomes Looked After by the local authority
While the above list may not be exhaustive, it remains that any and all reasons for termination must be accompanied with a notification to the department of the name, address, contact details and relationship of the person who will resume the care of the child within 48 hours of the change of circumstances.
The reason and details of the termination of the private fostering arrangement will need to be formally presented to the Private Fostering Panel and agreed by the panel chair.
12.2 Unsatisfactory Care or Accommodation of a Privately Fostered Child
If, at any point in the assessment or supervision of the private fostering arrangement, concerns are identified about the carer's compliance with the statutory requirements, or the standard of care offered to the child, the following steps should be taken:
- Concerns and recommendations for improvement to be clearly stated in writing to the actual or proposed private foster carer and the child's parent or person with responsibility for the child
- If the concerns are not remedied by the above action, agreement should be reached at the Private Fostering Panel about the need to issue formal requirements on the private fostering arrangement
- Should the concerns persist following the above action, a decision will need to be reached between the social worker, their line manager, the chair of the panel and legal services about the need to prohibit the arrangement for beginning or continuing
- The child's parent or the person with Parental Responsibility for the child will need to be approached to make suitable alternative arrangements for the child's care
- If an alternative care arrangement cannot be arranged by the parent or person with parental responsibility for the child, the local authority has a duty to take the necessary steps to do so itself where the child's welfare and protection needs are found to be threatened in his/her current care arrangement.
The Framework I workflow (See Framework I Workflow Chart) allows the practitioner to select the appropriate outcome of an assessment or visitation record to reflect the above concerns and initiate the involvement of the Referral and Assessment service to enter into safeguarding procedures.
12.3 Refusal to Allow Visits
It is an offence for a private foster carer to refuse to allow a child to be visited or to obstruct an authorised officer, who has reasonable cause to believe that a privately fostered child is being accommodated or is proposed to be accommodated within the authority's area, from any exercises of any duty towards the child. If a social worker encounters any difficulties in this area should discuss the problem with senior staff and legal advisors as soon as possible. In such cases, an application for a search warrant under section 102 of the Children Act 1989 may be necessary to support the power of entry.
12.4 Responsibility of Parents and Social Workers
Parents have the primary responsibility for the welfare of their children who are in private fostering arrangements. The social worker with case responsibility for the child should ensure that parents are kept fully informed of any concerns that may arise whilst their children are being privately fostered.
13. Child Protection Matters
Where concerns of a child protection nature are reported or identified, they should be investigated under Section 47 of the Children Act 1989 and according to the London Child Protection Procedures (2007).
The Private Fostering Team will need to refer the child protection concerns to the Referral and Assessment service, or the Family Support and Child Protection service if they held case responsibility for the child within the past three months, for investigation. Although it is those teams that will lead any investigation that results from the reported concerns, the allocated PFSW will remain part of the core group for as long as the private fostering arrangement remains in place. This referral should take place within the Framework I workflow (Refer to Framework I Workflow Chart).
If the child is unable to return to his/her parents' care, consideration should be given to accommodating the child.
It is possible for a PFSW and a child protection investigating social worker to be allocated to the same child at the same time to complete their separate functions.
If the child protection concerns are substantiated, consideration will need to be given to the need to impose requirements, prohibitions and disqualifications or to take action to prosecute the private foster carer.
14. Representation
Private foster carers may appeal about any decision to impose requirements or prohibitions or disqualify them by making representations in writing to the Head of Service within 28 days of receiving written notification of a decision.
In most instances, the Head of Service will refer the matter to the Private Fostering Panel for consideration prior to making a final decision. Lambeth legal services will be consulted throughout this process.
If the decision is to refuse consent to allow a disqualified person to privately foster a child, an appeal may be made to the family proceedings court within 14 days of notification of that decision (See Private Fostering Appeals to the Family Proceedings Court).
15. Relevant Offences and Action Required
15.1 Relevant Offences
Section 70 of the Children Act 1989 covers the following offences in relation to private fostering:
- It is an offence to care for a child whilst:
- Disqualified from private fostering without the consent of the local authority (See Disqualifications).
- Whilst living in the same household as someone who is disqualified from
private fostering or at which any such person is employed or whilst prohibited
- It is an offence to fail to give the notice required under Regulations 4-6 of the Children (Private Arrangements for Fostering) Regulations 2005 without reasonable excuse, within the time specified; or to provide any information required, without reasonable excuse, within a reasonable time
- It is an offence to make, or cause or procure another person to make a statement in the notice or information, which is known to be false or misleading in a material particular
- It is an offence to fail, without reasonable excuse, to comply with any requirement imposed by a local authority
- It is an offence to refuse to allow a privately fostered child to be visited by an authorised officer of a local authority; and to obstruct such an officer in inspecting premises in which a child is privately fostered or in which it is proposed to privately foster a child and from the seeing the child there
- It is an offence to publish an advertisement offering to undertake or arrange for a child to be privately fostered unless it states the person's name and address
15.2 Action Required
The regulations may be breached in a number of different ways, two key areas where breech may occur are:
- Failure to notify the local authority of an intention to place a child with a private foster carer within prescribed timescales
- Failure to notify the local authority that a child has been placed with private foster carers within prescribed timescales
Any staff dealing with a case involving late or failed notifications will need to ascertain the wider circumstances leading to the breach of the regulations e.g. was the failure to notify due to a lack of understanding of the requirements of the regulations or a flagrant breach of the notification requirements. In most instances, the department will focus its activity on promoting the child's welfare, supporting the parent and carers and ensuring there is no further breach of the regulations in future rather than initiating legal action against parties. The question of how to proceed in these circumstances should be agreed between the private fostering team and the Private Fostering Panel with the panel chair making the formal decision.
16. Private Foster Carers Already Known to the Department
Where there is intent to start privately fostering after a break or where an additional child is to be placed, a re-assessment must be made of the full private fostering arrangement using the process set out above.
This re-assessment process should take account of any variation in circumstances and specific needs of the child to be placed, amongst other factors.
17. Monitoring Compliance with Regulations and Standards
The Children (Private Arrangements for Fostering) Regulations 2005 require local authorities to monitor the way in which they discharge their functions under Part 9 of the Children Act, and require that an officer is appointed for that purpose. In Lambeth, the relevant officer is the Family Support and Child Protection Head of Service.
This quality assurance process should monitor and evaluate the following areas of practice:
- Action taken to raise public awareness
- How the department responds to notifications received
- Whether proper checks and visits are carried out within required timescales
- How disqualifications and prohibitions are handled and how the department imposes requirements and monitors compliance with these requirements
- What other action, if any, is taken to ensure that the welfare of a privately fostered child is being, or would be, satisfactorily safeguarded or promoted (e.g. child protection measures)
- How appeals are handled
- How the department responds to late or failed notifications
- Arrangements for determining the suitability of all aspects of a private fostering arrangement - including the accommodation and the wider environment in which privately fostered children are placed
- The extent to which privately fostered children are visited and seen alone and how these visits are recorded
- Arrangements for providing advice to all concerned and interested parties
- Extent of cooperation with other agencies
17.1 Reporting
The outcomes of the monitoring process should be reported to:
- The Director of Children Services
- The Lambeth Safeguarding Children's Board.
- Members through reports to Scrutiny Committee
-
Lead Members as required
17.2 Case File Audits
Local quality assurance procedures require the Team Manager of the Private Fostering Team to complete three case file audits per month (See Private Fostering Case File Audit Template).
The purpose of these audits is to ensure that all required areas of work have been completed to a high standard and that this has been achieved through
- multi agency working
- partnership with children and families
- child focused practice
18. General Practice Guidance
18.1Welfare of the Child
Attention to the child's physical, intellectual, emotional, social and behavioural development would be expected to include appropriate and sufficient diet, exercise, play, intellectual stimulation, identification of disabilities, support with speech development where necessary, child's identity and self esteem, relationships, social skills and behaviour; also an understanding of and willingness to meet the child's needs arising from his/her race, culture, language and religion ensuring that his/her wishes and feelings are sought after and heard towards the assessment of whether the standard of care that is being offered is satisfactory.
In addition to the above, a holistic assessment of the privately fostered child's welfare needs should consider:
- The quality and permanence of previous care and relationships
- How separation and loss are being handled and felt
- The amount of continuity in the child's life
- The child's sense of self worth
18.2 Wishes and Feelings of the Child
The child's views and feelings about a proposed or actual private fostering arrangement should always be sought, subject to the child's age and understanding. The social worker should be clear on how confidences should be handled. The child's views on becoming or actually being privately fostered need to be taken into account when an arrangement is being considered. If a child expresses a wish not to be privately fostered, the social worker needs to try to understand whether this is related to the child's anxiety about leaving the birth parent or whether there is a specific reason why they do not wish to be privately fostered by a particular person.
All children need to be given information and explanations so that they are in a position to develop their own views and make choices. Providing children with reassurances and working together with the adults in their lives to help them to overcome their anxieties is essential if their welfare is to be safeguarded and promoted.
Where the child has communication difficulties, social workers should ensure that all necessary means are employed to enable the child to express their views and feelings. With young children their wishes and feelings can often be established indirectly by observation and through play or, in the case of a very disturbed child, through therapeutic means that the child should be connected to.
In the case of children whose first language is not English, an interpreter may be required to facilitate communication with the social worker.
18.3 Health Care and Treatment
Privately fostered children who were born outside of the UK and do not have any health records, as well as privately fostered children who were born in the UK but for whatever reason have not been registered with a doctor and do not have health records, should have a health screening examination in order to ascertain their level of health and if applicable seek the relevant treatment in accordance to their health requirements.
18.4 Personal Child Health Record (PCHR)
The PCHR should normally be held by the private foster carer, i.e. the person who primary care of the child. Allocated social workers should ensure that primary health care services are aware of the private fostering arrangement.
In addition to the basic details of the child's height and weight, details of the child's medical history should include:
- Immunisations given and dates including, where relevant, the results of any neo natal screening tests
- History relating to infectious diseases with dates of tests and diagnosis
- Any episode of in-patient or outpatient hospital treatment
- Whether the child has, or is known to have, any congenital condition which may have medical implications requiring ongoing health care
- Whether the child is known to have any allergies, including allergies to any medication
- Information on special dietary requirements or restrictions
- Details of any short or long term medication or treatment needs
- Names of the health professionals involved in the child's health care provision
18.5 Consent to Medical Examination or Treatment
Consent to medical examination or treatment for which the child themselves is not capable of giving may be given by a parent or other person with Parental Responsibility. Although a person may not transfer or abdicate parental responsibility, they may arrange for some or all of it to be met by one or more persons acting on their behalf (Section 2(9) of the Children Act 1989). It is recommended that, at the commencement of the arrangement, the parent or other person with parental responsibility records in writing their agreement for the private foster carer to give consent on behalf of the child to everyday treatment which may become necessary. It may be appropriate for the local authority and the primary care trust or the child's general medical practitioner to have copies of this document.
Children 16 years old and over give their own consent to medical treatment (see Seeking Consent: working with children, Department of Health, 2001). Children under 16 may also be able to give or refuse consent depending on their capacity to understand the nature of the treatment or examination; it is for the doctor or other person providing the medical treatment or carrying out the examination to decide the child's level of comprehension.
18.6 Education
Local authorities are obliged to satisfy themselves about arrangements for the child's education and that the local education authority has been informed of the private fostering arrangement.
The assessing social worker should explore the actual or proposed private foster carer's attitude and expectations in relations to a child's education. The objective should be to establish a view as to this person's:
- Understanding and recognition of the need to provide educational support to a privately fostered child, including a commitment to ensure the child's regular attendance at school
- Ability to cope with the additional parental tasks of providing support to a child with special educational needs, should this be the case.
18.7 Standards of Care
Expectations regarding the physical care of the child should be established from the first contact between the parent and private foster carer and this is best achieved through cooperation, encouragement, availability of advice and mediation, all of which focus on achieving the best interest of the child and safeguarding and promoting their welfare.
18.8 Contact with the Child's Family
The actual or proposed private foster carer's attitude and expectations should be explored concerning the need to promote contact between the child's parent, other person with Parental Responsibility and any other significant person in the child's life.
It is essential that the prospective or actual private foster carer is aware of the implication of caring for someone else's child and the need to work in partnership with the child's parents. Parents and carers may need advice and support around the importance of continuing links for the child's emotional wellbeing.
At every visit the social worker should enquire about any changes to the original planned duration of the arrangement and, if appropriate, offer advice and help in resolving any difficulties that may exist in sorting contact out in the best interest of the child.
18.9 Parental Responsibility
A private foster carer who has the day to day care of a child for whom they do not have Parental Responsibility is empowered to do what is reasonable in all the circumstances of the case to safeguard and promote the welfare of the child.
While a person with parental responsibility may arrange for a private foster carer to meet that responsibility by acting on their behalf, doing so does not affect any liability of the person with parental responsibly which may follow from failure to meet that responsibility.
18.10 Rights of the Private Foster Carer
The rights of a person who is caring for someone else's child within the remit of private foster arrangements are limited.
- If the private foster carer challenges the parent or person who has Parental Responsibility they must be informed that as private foster carers, they have no legal standing in which to take decisions against the will of the person who is holds parental responsibility for the child
- The private foster carer must be mindful that he or she is acting as an agent on behalf of the parent or person with parental responsibility for the child they are caring for
- The private foster carer can determine many issues that relate to the child's care as long as those decisions are within the authority given to them by the child's parent or the person who has parental responsibility for the child
- Without a trust or settlement being in place, the private foster carer has no rights over the child's property or monetary assets
- The private foster carer can apply for certain social security benefits in relation to the child they are acting as a primary care giver for
- The arrangement as agreed between the private foster care and the child's parent or any other that has parental responsibility for that child can be revoked by the parent or person with parental responsibility at any time of their choosing. The private foster carer has no jurisdiction in which to retain the care of the child against the wishes of their parent or the person who has parental responsibility for that child
- A private foster carer can retain the care of the child only if they apply to the court for a Residence Order and if that application is granted in their favour. Once the Residence Order is granted the carer will gain parental responsibility for the duration of the residence order and therefore cease to be a private foster carer
- A private foster carer who has the day to day responsibility for the care of someone else's child is empowered to do what is reasonable in all circumstances to safeguard and promote the welfare of the child in their care
18.11 Unmarried Fathers
A father without parental responsibility can obtain this by way of:
- Obtaining a Parental Responsibility Order from the court, which is automatically granted if he obtains a Residence Order
- Registering an agreement between himself and the mother of the child with the court
- Being present at the registration of the birth of the child and ensuring that his name is on the child's birth certificate if the child was born any time after 01.12.2003
18.12 Kinship Care Arrangements
Kinship care is defined as the full time nurturing and protection of children (living apart from their parents) by their relatives and friends. Kinship care is used to describe all arrangements where the local authority is involved in providing a service to children and families in partnership with persons previously known to the child. Kinship care arrangements can be made for children who become looked after under the Children Act 1989.
The main difference between a kinship care arrangement and a private fostering arrangement is essentially that the former is made with the involvement of the local authority and the latter is a private arrangement between the parent or any other with person with parental responsibility and the private foster carer.
19. Advice and Support
19.1 Parents
Parents may require advice around whether or not private fostering is the right choice of care for their child, or whether a specific private foster carer is able to meet their child's needs. Parents may also require help in looking for an alternative to private foster care in the even that they are unhappy with proposed or current arrangements.
The PFSW should advise the parents around the importance of promoting positive attachment by emphasising to parents the need for them to remain in close contact with their child throughout the duration of the arrangement.
It is important that parents are advised of the need to ensure that all aspects of the arrangement are agreed in advance and recorded in a written agreement with the private foster carer, including clear statements around financial support and the proposed duration of the care arrangement. This is to ensure that the placement remains stable and avoids breakdowns that would have a negative effect on the child.
19.2 Private Foster Carers
Private foster carers should be given advice that enables them to care for the child and meet their individual needs. This includes ensuring that the child has access to universal services such as health and education.
As private fostering sometimes means that children are placed with carers who are not from the same race, religion or culture, it is vital that carers are given advice on meeting these needs. The PFSW may need to help the carer contact relevant support groups for advice and information.
Private foster carers should be encouraged to keep relevant records to share with parents, for example on health, education and significant events in the child's life. This information will be important for when the child returns to live with their family.
19.3 Children
Privately fostered children should be provided with information about private fostering that is age appropriate and helps them to understand their right to be safeguarded. Lambeth has produced an information leaflet for privately fostered children that should be given to them at the beginning of the assessment process.
Children should be encouraged to speak openly about their experience and to inform their allocated social worker when and if they are unhappy about any aspect of the care they are receiving from their private foster carer.
Children may need some additional support in dealing with the separation they have experienced and any sense of loss that they might be going through in addition to any problems with identity that may arise from the changes in their care arrangement.
20. After Care Support
Section 66 of the Children Act 1989 allows for a private fostering arrangement to continue beyond the age of 16 (but not beyond 18) if the child is disabled. It is to this exceptional category of children that the local authority has a duty to provide after care support.
Disabled children qualify for advice and assistance until the age of 21 if at the age of 16 they were, but are no longer, privately fostered. The obligation on the local authority is to advise and befriend if the person by whom the child was being cared for cannot do so.
The after care support therefore can include:
- Provision of advice and information
- Befriending
- Discretionary assistance in kind
But the after care support is limited and does not include:
The right to a personal advisor
The right to a pathway plan
Assistance with employment, education or training
End