2.2 Private Fostering |
These procedures should be read in conjunction with the Children Act 1989 Guidance on Private Fostering. The definition of 'close relative' in the Children Act 1989 has since been updated - see Section 1, Definition.
Contents
1. Definition
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 the child has a disability) by someone other than a parent or close relative with the intention that the arrangement should last for 28 days or more. The period for which the child is cared for and accommodated by the private carer should be continuous, but that continuity is not broken by the occasional short break.
A close relative is defined within the Children Act 1989 (as amended) as being a parent, grandparent, brother, sister, uncle or aunt (whether of full or half blood or by marriage or civil partnership) or step parents.
Private foster carers may be from extended family, e.g. a cousin or great aunt or uncle. They may be friends of the family, parents of a girl friend or boy friend or they may be someone unknown to the child or parent.
Responsibility for safeguarding and promoting the welfare of the privately fostered child remains with the parent and other persons with Parental Responsibility
The private foster carer becomes responsible for providing the day-to-day care of the child, as agreed and arranged with the person with Parental Responsibility, in a way, which will promote and safeguard the child or young person's welfare.
A child who is Looked After or placed in any residential home, hospital or school is excluded from the definition.
In a private fostering arrangement the role of the local authority is to carry out their duties in a way that maintains a balance between the rights of the parent to make a private arrangement for the care of their children, and the local authority's obligation to satisfy themselves about the welfare of those children.
Common situations in which children are privately fostered include:-
- Children with parents overseas
- Black and minority ethnic children with parents working and studying in the U.K.
- Accompanied asylum seeking and refugee children.
- Trafficked children
- Local children living apart from their families
- Children who are estranged from their families
- Adolescents and teenagers
- Children attending language schools
- Children at independent boarding schools who do not return home for holidays
- Children living with host families for a variety of reasons
- Children brought in from abroad with a view to adoption (see Inter Country Adoption Procedure ).
- Children placed with those who have given notice to the local authority of their intention to adopt (See Non Agency Adoptions Procedure)
2. Regulatory context
The legislation relevant to private fostering is set out in Part 9 and Schedule 8 of the Children Act 1989 and the Children (Private Arrangements for Fostering) Regulations 2005, which came into force on 1 July 2005.
3. Role of the Local Authority
Local authorities do not formally approve or register private foster carers.
However, it is the duty of the local authority to satisfy itself that the welfare of children who are, or will be, privately fostered in their area is, or will be, safeguarded and promoted.
The role of the local authority is:
- Regulatory
- Supervisory
- Advisory.
It is the duty of the local authority to
- Receive notifications from parents, private foster carers and third parties
- Assess the suitability of the private foster carers, members of the household and the accommodation.
- Assess the private foster carers' ability to provide for the needs of children in their care
- Offer advice and support to parents, private foster carers and the children involved in the arrangement, verbally and in writing.
- Promote public and professional awareness of the notification requirements.
4. Notifications
The notifications that the local authority has a duty to receive are:
- Notification of a proposed private foster placement - that is, a placement that has been arranged but where the child is not yet living with the private foster carer.
- Notification of an actual placement - that is, a placement that has already commenced without previous notification.
- Notification of the commencement of a placement. Where the local authority has previously notified that a private fostering arrangement is proposed, any person who has provided previous notification must inform the local authority when the placement actually starts.
- Notification of the cancellation of an arrangement. Where the local authority has been previously notified of a proposed placement that has not yet begun and the plan is subsequently abandoned before the child moves to live with the private foster care, all parties involved should notify the local authority of the change of plans.
- Notification of a change in circumstances.
- Notification of the end of a placement.
Any notification that is received must be in writing, addressed to the Director of Children, Learning and Young People's Services and may be sent by post. It will be directed to the Referral and Assessment Service.
Each notification must contain specified information and should be received within a specified time scale - the specific time scales, information required and action to be taken are contained in the relevant sections below.
4.1 Notification of proposed placement.
Where a child is to be placed with a private foster carer, the local authority must be notified not less than 6 weeks or more than 13 weeks before the arrangement begins.
Notification of the proposed arrangement is required from the proposed Private Foster Carer, the parents and any other person with Parental Responsibility. If the parent is not directly involved in the arrangement, he/she must notify the local authority as soon as becoming aware of the arrangement. Any other person who is involved, either directly or indirectly, with the arrangement, must also notify the local authority as soon as possible after the arrangement is made.
4.1.1. Information required in the notification of a proposed placement.
All notification of proposed placements must be in writing addressed to the Director of Children, Learning and Young People's Services and contain as much of the following information as the person giving the information is able to provide:
- The name, gender, date and place of birth and address of the child
- The racial origin, cultural and linguistic background and religion of the child
- The name and current address of the person giving notice and their addresses within the last five years.
- The name and current address of the proposed private foster carer and their addresses within the last five years.
- The name and addresses of the child's parents and any other person with Parental Responsibility for the child and if different, of any other person from whom the child is to be received.
- The name and address of any other person involved, directly or indirectly in the arrangement for the child to be fostered privately
- The name and current address of the child's minor siblings and the detail of the arrangements for their care.
- The date on which the private foster placement will start
- The intended duration and purpose of the arrangement.
All the relevant information stated above is contained within the Notification of Placement Form.
Private foster carers or proposed private foster carers must also provide the local authority with the following information.
- Any offences against a child of which they have been convicted.
- Any offence involving injury or threat of injury to another person of which they have been convicted.
- Any disqualification and prohibitions e.g. registration as childminder refused or cancelled, or disqualification from acting as a local authority foster carer.
- Any convictions, disqualifications or prohibitions imposed on any other person living or employed at the same household.
- Any Court Orders as a result of which a child has been removed from their care.
- Any occasions when their child has been accommodated by a local authority.
The Declaration of Suitability contains the above information and the response to the above determines if the carer or any member of the household are DISQUALIFIED from privately fostering a child.
4.1.2. Action to be taken on receipt of notification of proposed private fostering arrangement.
When a notification of a proposed private fostering arrangement is received from any source, it should be sent as a referral to the Referral and Assessment Service.
The information should be recorded as a referral.
The duty worker at the referral and Assessment Service will also carry out checks to establish if the proposed carers and/or any other member of the household are known to Children's Social Care to ensure that the carers or any members of the household are not DISQUALIFIED from providing private foster care for a child. (See section 8.2 below for details of disqualifications.)
Checks of the electronic records should also be undertaken on the private foster child and his/her family.
If the above checks do not identify any disqualifications, the information must be referred to the Designated Private Fostering Social Worker immediately.
Following the receipt of the information, the Designated Private Fostering Social Worker will arrange in consultation with the duty worker from the Referral and Assessment Service for the following to take place:
- To visit the premises where it proposed that the child will be cared for and accommodated
- To visit and speak to the proposed private foster carer and all members of the household.
- To visit and speak to the child whom it is proposed will be privately fostered alone unless the social worker considers it inappropriate. (An interpreter who is independent of the child's parents and of the private foster carer should always be used where the child's preferred language is not English.)
- To speak to and, if it is practicable to do so, visit the child's parents or other person with parental responsibility for the child.
The above visits or contacts must be undertaken within 7 working days of receipt of the notification of a proposed private fostering arrangement.
Written information in leaflet form will be provided to the children concerned, parents and prospective carers about private fostering. This will include information about the local authority's duties, the keeping of records, the right of access to records, the complaints procedure, (in relation to carers) the right to access benefits and (in relation to children) the right to access advocacy services. Any such information must be translated into the preferred language of the recipient and will include the name of the social worker to contact for further advice or information.
See section 6.3 for details of the initial visit to a proposed private fostering arrangement.
Where it is clear from the initial visit that the proposed arrangement is within the definition of private fostering, the Designated Private Fostering Social Worker will also make arrangements for the detailed assessment of the foster carers to commence and, wherever possible, be completed prior to the placement (see section 7.1 below).
4.2 Notification of actual placement.
Any person who is privately fostering a child and has not given notification within the time scales stated in section 4.1 above must within 48 hours of the start of the arrangement notify the local authority for the area where he or she lives that the arrangement has begun.
Parents and any other person who has Parental Responsibility must also notify the local authority within 48 hours of the arrangement beginning.
The information contained within the notification must contain the details listed in 4.1.1 above.
4.2.1 Action to be taken on receipt of notification of actual private fostering arrangement.
When a notification of an actual private fostering arrangement is received from any source, it should be sent as a referral to the Referral and Assessment Service.
The information should be recorded by the duty worker as a referral'
The duty worker should also carry out checks of the electronic records to establish if the carers and/or any other member of the household are known to Children's Social Care, to ensure that carers or member of the household are not DISQUALIFIED from providing private foster care for a child. (See section 8.2 below for details of disqualifications.)
Checks of electronic records should also be undertaken on the privately fostered child and his/her family.
Where the initial checks revealed no disqualifications, the duty worker should contact the Designated Private Fostering Social Worker and jointly arrange to:
- Visit the premises where the child is being cared for and accommodated
- Visit and speak to the private foster carer and all members of the household.
- Visit and speak to the child who is being privately fostered alone (unless the workers consider it inappropriate. (An interpreter who is independent of the child's parents and of the private foster carer should always be used where the child's preferred language is not English.)
- Speak to and, if it is practicable to do so, visit the child's parents or other person with parental responsibility for the child:
The above visits or contacts should be undertaken within 7 working days of receipt of the notification.
The purposes of the joint visit to the private foster home are:
- To confirm that the placement is within the definition of a private fostering arrangement
- If so, to obtain relevant information in relation to private fostering regulations as set out in 6.4 below (which is primarily the responsibility of the Designated Private Fostering Social Worker); and
- To consider if the child meets the criteria of a Child in Need and whether an Initial Assessment/Core Assessment is required (which is primarily the responsibility of the RAS social worker).
Written information in leaflet form should also be provided to the child(ren) concerned, parents and prospective carers about private fostering. This will include information about the local authority's duties, the keeping of records, the right of access to records, the complaints procedure, (in relation to the carers) the right to access any benefits and (in relation to children) the right to access advocacy services. Any such information must be translated into the preferred language of the recipient and will include the name of the social worker to contact for any further advice or information.
4.3 Notification of commencement of placement.
Any person who, prior to the placement commencing, has notified the Director of Children, Learning and Young People's Services of a private fostering arrangement must, within 48 hours of the child moving to the private foster cares, notify the Director of Children, Learning and Young People's Services that the arrangement has actually begun.
The purpose of this notification is to ensure that the child is visited following the commencement of the placement. However if no notification is received from the carer or parent, the Designated Private Fostering Social Worker must make checks as to whether the placement has begun as initially notified.
4.3.1 Action to be taken on receipt of notification of commencement of placement.
The Designated Private Fostering Social Worker will undertake an initial home visit to the private foster carer. This visit must take place within 7 working days of the receipt of the notification
During this visit, the private foster child must be seen alone unless this would not be in the child's best interests. An interpreter who is independent of the child's parents and of the private foster carer should always be used where the child's preferred language is not English.
See section 6.4 below for details of initial visit.
The Designated Private Fostering Social Worker will also undertake or arrange for an appropriate person to undertake the detailed assessment of the foster carers (see section 7.1 below).
4.4. Notification of change of circumstances
Private Foster carers must notify the Director of Children, Learning and Young People's Services of:
- Any change of address
- If they or any member of the household have been convicted of any further offences
- If any further disqualifications have been imposed on any member of the household.
- New members of the household
- Any one ceasing to be a member of the household.
- Their intention to privately foster another child
The parents of a privately fostered child or any other person with Parental Responsibility for the child must notify the local authority of any change of their address.
The duty to notify the local authority of a change in circumstances applies at any time between the notification of a proposed or actual private fostering arrangement and the placement ending.
Notifications of a change of circumstances must be given in advance if practicable and in any other case, not more than 48 hours after the change of circumstances.
4.4.1 Action to be taken on receipt of notification of change in circumstances.
Following the receipt of a notification of a change in circumstance from the private foster carer, the allocated worker will check that the parents are aware of the particular change.
If notification involves a change in the parents' address, the allocated worker will check with the carer and the child that they are aware of the change.
If the notification relates to the private foster carer's change of address and it is in the area of another local authority, the allocated worker will notify the authority concerned and provide the new authority with the following information:
- The name and address of the private foster carer,
- The name and address of the child who is being privately fostered: and
- The name and address of the child's parents or any other person who has Parental Responsibility.
The local authority to which the private foster carer has moved must also be informed of any important matters relating to the welfare of the child e.g. a disability or health condition, special educational needs or the suitability of the carers.
Other appropriate agencies involved with the family must also be notified by the allocated worker of any change of the child's address.
If the notification relates to a conviction for a further offence, the nature of the offence must be obtained by the allocated worker to determine the impact it may have on the care of the privately fostered child and if it disqualifies the carer from privately fostering.
In the event that the notification relates to a disqualification being imposed on the private foster carer or any other member of the household, the procedure for disqualifications must be followed.
If the notification relates to a new member of the household, the allocated worker will arrange for Criminal Records Bureau and medical checks to be undertaken if the person is over 16 years old.
4.5 Notification of end of placement.
Parents and carers have a duty to notify the local authority of the ending of the placement, unless they intend to resume the care of the child within 27 days, including the name and address of the person into whose care the child has moved and their relationship to the child.
A notification of an end of placement will not be necessary when it is intended that the private foster child returns to the private foster carer within 27 days. However if the intention to return is subsequently abandoned or the interval expires, the Director of Children, Learning and Young People's Services must be notified within 48 hours of it being known that the private fostering arrangement is not intended to continue.
4.5.1 Action to be taken on receipt of notification of end of placement.
Following the receipt of a notification of the ending of a placement, the allocated worker will check that all parties, including the child, are aware of the end of the arrangement.
Appropriate agencies involved with the child must also be notified by the allocated worker of the end of the private fostering arrangement.
Where a private foster arrangement ends due to of the death of the private foster child, the allocated worker must ensure that the parents of the child are informed immediately.
Consideration must also be given to the assistance the private foster carers may require.
Senior management must be informed immediately and consideration must be given to the implications of what has happened - see Death of or Serious Injury to, Child in Community or Child in Care Procedure.
4.6 Notification of cancellation of placement.
Where the local authority has previously been notified of a proposed placement that has not yet begun and the plan is subsequently abandoned before the child moves to live with the private foster care, all parties involved should notify the local authority of the change of plans.
On receipt of such notification, the allocated worker will check the reasons for the change in the arrangements and consider whether any further action is required in relation to the child in his or her current situation, for example whether further services are required from another agency under the CAF Procedure or whether the child may be a Child in Need or whether the case can be closed.
Appropriate agencies involved with the child must also be notified by the allocated worker of the cancellation of the private fostering arrangement.
4.7. Notification from other agencies
Any agency which becomes aware of a private fostering arrangement must notify the Referral and Assessment Service within 24 hours of becoming aware of an intended or actual private fostering arrangement, using the Multi-Agency Referral and Initial Information Form. Parents and private foster carers must be informed of the intention to inform Children's Social Care.
On receipt, the notification will be dealt with under the above procedures in the same way as notifications received from parents and carers.
5. Advice and information
If the initial contact to Children's Social Care, from any source, is a request for advice and information relating to private fostering, the contact must be referred to the Designated Private Fostering Social Worker who should complete a private fostering contact enquiry form, which details the nature of the contact or enquiry and the action taken and advice given, including the provision of written information. The record of the enquiry or contact should be filed in a methodical manner.
In addition, in all cases, written information about private fostering must be provided by the worker(s) involved to the child, carer and parents when first notified of the arrangement. Leaflets are available for this purpose. This will include information about the local authority's duties, the keeping of records, the right of access to records, the complaints procedure, (in relation to carers) the right to access benefits and (in relation to children) the right to access advocacy services. Any such information must be translated into the preferred language of the recipient and include the name of the allocated worker or social worker to be contacted for further advice and/or information.
6. Visits
6.1 Frequency
Statutory visits by the social worker must be made to the child and the foster carer at the foster home within one week of the commencement of the placement and then every six weeks in the first year. In subsequent years, statutory visits must be at least three monthly. The need to visit more frequently must be considered depending on the circumstances and the need to visit unannounced and/or to choose times when all members of the household are likely to be present should also be considered.
Additional visits should be arranged at the request of the child or the foster carer.
The child must be seen alone by the social worker unless this is not appropriate having regard to the young age of the child or if the child does not wish to see the social worker alone.
6.2 Purpose of statutory visits
The overall purpose of all visits is to encourage the maintenance and improvement of the child-care standards, review the purpose and likely duration of the placement and check that the child's needs are met within the private fostering arrangement. This will include checking the child's immigration status - see section 13 below.
6.3 Initial visit to Private Foster carer following notification of proposed placement.
The Designated Private Fostering Social Worker undertakes this visit jointly with the duty worker from the Referral and Assessment Service.
The purpose of this visit is to provide additional safeguards for children whom it is proposed should be privately fostered by checking out the proposed arrangement and the suitability of the arrangements - or otherwise to exercise the power to prohibit or to impose requirements - before it begins.
During the initial visit, the social worker should:
- Explain the assessment process and the private foster carers' legal responsibilities towards the child (contained in the private fostering regulations) verbally and in writing
- If written notification of the proposed placement has not been received or fails to provide the information required under the regulations, a 'Notification of Private Fostering Placement' must be completed.
- Request the foster carer and all members of the household over 16 to complete Forms for enhanced CRB checks and ensure that all members of the household complete the 'Declaration of Suitability to Privately Foster'.
- Obtain written consent from the carers that they are willing to agree to the necessary checks being undertaken and that they will cooperate with the assessment.
In the event of a refusal of any person to cooperate with the making of the necessary checks and assessment, the social worker should advise the foster carer that it will not be possible to recommend him or her as suitable and must also advise the parents of the reason why alternative arrangements will have to be made for the child.
During the initial visit information should also be obtained as appears relevant in the particular circumstances to ascertain the following.
- That the purpose and intended duration of the private fostering arrangement is understood by, and agreed between, the parents of the child (or any other person with parental responsibility) and the proposed private foster carer and, where the child has come from overseas, that the child's immigration status is clarified and consistent with the arrangement;
- The wishes and feelings of the child about the proposed arrangement (considered in the light of his or her age and understanding);
- The suitability of the proposed accommodation;
- The capacity of the proposed private foster carer to look after the child;
- The suitability of other members of the proposed private foster carer's household;
- Whether the arrangements for contact between the child and his/her parents, any other person with parental responsibility and other persons who are significant to him/her (e.g. siblings, other family members, close friends) have been agreed and understood, and whether those arrangements will be satisfactory for the child;
- Whether the parents of the child, or any other person with parental responsibility, and the proposed private foster carer have agreed financial arrangements for the care and maintenance of the child;
- Whether consideration has been given and necessary steps taken to make arrangements for the care of the child's health;
- Whether consideration has been given and necessary steps taken to make arrangements for the child's education;
- How decisions about the day to day care of the child will be taken
The foster carers should also be encouraged to draw up a written agreement with the child's parents as to their respective expectations and responsibilities in relation to the fostering arrangement including the issues stated above, using the ' Private Fostering Arrangement Placement Plan.'
A written report on the visit must be made by the social worker, by completing a 'Record of Initial Statutory Visit' Form. The record must state whether the child was seen alone. It must also contain a recommendation about the continued suitability of the fostering arrangement. The report must be reviewed and signed by the manager, and placed on the child's file.
A copy of the record of the visit should be sent to the carer, parents and child (if old enough) and be placed on the child's file.
6.4. Initial visit to Private Foster Carer following notification of actual placement.
This visit should be undertaken jointly by a social worker from the Locality Team and the Designated Private Fostering Social Worker
In addition to the information detailed in section 6.3, the visiting social workers must:
- Ensure that the parents have fully informed the foster carer of the child's medical history and any current need for ongoing professional monitoring and medication, and has handed the child's personal child health records to the foster carer;
- Encourage the foster carers to draw up a written agreement with the child's parents as to their respective expectations and responsibilities in relation to the fostering arrangement including the contact arrangements;
- Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the foster home;
- Ensure that a school place has been arranged for the child if of school age
- Ensure the parent provides to the foster carer a written general consent to cover any necessary medical treatment and that a copy of this consent is given to the GP, dentist, optician and retained on the child's file;
- Advise the foster carer to arrange a medical examination of the child with the GP as soon as practicable after the start of the placement.
In order to ascertain the child's wishes and feeling and understanding of the private foster arrangement, the visiting social workers must see the privately fostered child alone, unless this is not appropriate having regard to the young age of the child or if the child does not wish to see the social worker alone. The child (if old enough) must be provided with written information about private fostering including information about access to advocacy services. Any such information must be translated into the child's preferred language.
Where a Child in Need Plan is put into place, this should be reviewed at minimum intervals of six months - see Child in Need Plans and Reviews Procedure
Following the visit, whether it takes place prior to the placement or after the placement has commenced, a 'Record of Initial Statutory Visit' must be completed. The record must state whether the child was seen alone. It must also contain a recommendation about the continued suitability of the fostering arrangement. The report must be reviewed and signed by the manager, and placed on the child's file.
A copy should be sent to the foster carer, parent and child (if old enough) and placed on the child's file and the carers file.
6.5 Action to be taken following initial home visit.
Following the Initial Visit, if there are any concerns that the needs of the privately fostered child may not be being met or will not be met, an Initial Assessment and if necessary a Core Assessment must be undertaken. In these circumstances, the Designated Private Fostering Social Worker's role will be to continue to assess the suitability of the carer, the accommodation and the household members.
6.6 Subsequent Statutory visits
For Frequency of Visits see 6.1.
The overall purpose of all statutory visits is to ensure that child care standards and the child's needs are continuing to be met within the foster placement and in particular:
- To observe the overall standard of care including visiting the child's bedroom
- To speak to and ascertain the wishes of the child
- To review the purpose and likely duration of the placement. The parent and the foster carer should be encouraged to plan the ending of the placement and prepare the child for the change.
- Where the child is from overseas, to clarify the child's immigration status and whether this is consistent with the intended duration of the placement - see section 13 below
- To check that any requirements imposed by the Fostering Panel (see section 8.1 below) are being met
- To ensure that the arrangements for the child's education are satisfactory
- To advise the foster carer as necessary for example in relation to the maintaining of the child's links with his or her cultural heritage or in relation to appropriate travel arrangements for the child visiting family abroad
- To ensure that the child remains registered with a GP and dentist and that any necessary health care has been provided to take account of any special health needs
- To ensure that the child has access to services as required as a result of any disabilities
- To enquire as to the contact arrangements for the child with the parents and siblings
- To encourage the foster carer to keep a record of the child's development, including accidents, illnesses, immunisations, school reports, achievements and any contact with parents or significant others.
- To offer advice and support to the carer, child and parents as necessary or requested to ensure the privately fostered child's needs are met and their welfare is safeguarded.
A written report on every visit must be made by the social worker, by completing a 'Record of Statutory Visit' Form. The record must state whether the child was seen alone. It must also contain a recommendation about the continued suitability of the fostering arrangement. The report must be reviewed and signed by the manager, and placed on the child's file.
A copy of the record of the visit should be sent to the carer, parent and child (if old enough) and placed on the child's file and the carer's file.
7. Assessment of Private Foster Carer
The Designated Private Fostering Social Worker will carry out an assessment of the private foster carer - wherever possible, this will be carried out and completed and a decision made as to the outcome prior to the commencement of the placement.
In any event, the assessment report must be presented to the Fostering Panel so that a decision on the outcome is made within 42 days of receipt of the notification or as soon as the outcome of the CRB checks is known, whichever is the sooner.
The assessment will consider the following:
- The suitability of the foster carer and all members of the household
- The suitability of the accommodation
- The capacity of the private foster carer to provide for the private foster child's needs and safeguard their welfare.
As part of this assessment, the Designated Private Fostering Social Worker must arrange for checks on the foster carer(s) and all members of the household over 16 to be made with the Criminal Records Bureau, Children's Services, Probation and OFSTED.
In assessing the capacity of the proposed or actual private foster carer to look after the child, the Designated Private Fostering Social Worker should also consult with appropriate agencies who may already be involved with the child, the proposed or actual private foster carer or members of his household. The health visitor may, for example, be able to provide information about the person's experience of caring for children of different age groups, children of particular ethnic minority groups, children with special needs or caring for children in general. The person who is, or is proposing to, foster the child privately should be made aware that such views will be sought.
Medical Checks on the private foster carer(s) must also be made.
The Designated Private Fostering Social Worker should also ask for the names of three personal referees and arrange to visit the personal referees.
In the event of a refusal of any person to cooperate with the making of the necessary checks, the social worker should advise the foster carers that as the required assessment cannot be completed, they cannot be recommended as suitable. In these circumstances, the social worker must also advise the parents of the reason why alternative arrangements will have to be made for the child.
Once the foster carer assessment has been completed, the social worker should prepare a report for the Fostering Panel, using the 'Assessment of Private Fostering Arrangement' Form. The Fostering Panel will make a recommendation as to the suitability of the foster carer, which will be presented to the Decision Maker (Private Fostering) for a decision to be made. The report may include a recommendation that a requirement is imposed (see 8.1 below), an exemption from the usual fostering limit is granted (see 8.1.4 below), or a disqualification is lifted (see 8.2 below). Where the assessment is that the foster carers are not suitable, the report may recommend that a prohibition be imposed (see 8.3 below).
7.1 After the Fostering Panel's recommendations
After the Fostering Panel has considered the report and made a written recommendation, this will be sent to the Decision Maker (Private Fostering) who will make a decision based on the Panel's recommendation.
Written notice of this decision must be sent by hand or recorded delivery post to the foster carer and to the parent by the Designated Private Fostering Social Worker within 7 working days of the decision being made.
Where a decision is made to impose any requirement(s) on a foster carer (see 8.1 below), the requirement(s) must be specified and reasons for the decision must be recorded. Written notice of the requirement(s), together with the reasons, should be included in the written notice of the decision sent to the foster carer and to the parent by the Designated Private Fostering Social Worker.
Where a decision is made to grant an exemption (from the usual fostering limit (see 8.1.3 below), the conditions of the exemption must be specified and reasons for the decision must be recorded. Written notice of the exemption, together with the reasons, should be included in the written notice of the decision sent to the foster carer and to the parent by the Designated Private Fostering Social Worker.
Where a decision is made to lift a disqualification (see 8.2 below), the reasons for the decision must be recorded. Written notice of the reasons should be included in the written notice of the decision sent to the foster carer and to the parent by the Designated Private Fostering Social Worker.
Where a decision is made to prohibit a foster carer from caring for a child (see 8.3 below), reasons for the decision must be recorded. Written notice of this decision together with reasons must be sent by hand or recorded delivery post to the foster carer and to the parent by the Designated Private Fostering Social Worker.
Discussion should also take place with the parent as to the making of alternative arrangements for the child.
8. Powers of the Local Authority.
If any information comes to light during the course of the assessment as a result of which the foster carer is considered unsuitable, for example as a result of the Criminal Records Bureau checks, which may preclude the person from fostering a child, the local authority has the power to impose requirements on the private foster carer or, if appropriate, prohibit the arrangement.
If any of these options are considered necessary the Designated Private Fostering Social Worker should advise the parents of the reason for such a consideration and where a decision is made to prohibit an arrangement, that alternative arrangements will have to be made for the child.
Unless it would not be in the best interests of the child concerned, all reasonable steps must be taken to secure the child's return to their parents, any other person with parental responsibility or a relative, with support where appropriate. In order to determine the best outcome for the child, an Initial or Core Assessment under the Assessment Framework should be undertaken, in accordance with the procedures contained in the Initial Assessments Procedure and Core Assessments (including Section 47 Enquiries) Procedure
If it is not in the child's best interests for the above steps to be taken, consideration must be given to whether the child should be accommodated.
In the event that the parents decline to make alternative arrangements or where the parents cannot be found, the social worker should consider whether any action may be required by the local authority to secure the child's safety under Child Protection Procedures and legal advice should be sought as necessary. Concerns must be discussed with the social worker's immediate line manager and in consultation with senior management as required under those procedures.
8.1. Imposing requirements
The local authority has power to impose requirements on private foster carers.
Requirements may include:
- The number, age and gender of the children who may be fostered;
- The standard of accommodation and equipment to be provided;
- The arrangements to be made with respect to health and safety and
- Particular arrangements which must be made with respect to the provision of care.
Requirements can relate to an individual child or a category of children.
A requirement may include a time scale within which the private foster carer must take necessary action. If the requirement has not been met within the time scale a decision must be made as to further action required, which may include a prohibition (see 8.3 below).
Foster Carers must be informed of all requirements in writing (see 7.1 above).
8.1.1. Non compliance with requirements
Where requirements which have been imposed are not complied with, the Designated Private Fostering Social Worker must consider whether support should be provided to ensure compliance and/or consider whether to report further to the Fostering Panel recommending that the foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out below in sections 8.3 and 8.3.1 must be followed.
8.1.2. Limit to number of children
The Children Act prescribes a 'usual fostering limit' of three children.
This limit applies to private fostering and local authority fostering. This limit does not apply if all the children are siblings.
Placements of three children should not be taken as the norm: the welfare of a child needing a placement may sometimes be best served by being the only foster child in the family.
Only in exceptional circumstances will an exemption to the usual fostering limit be considered.
8.1.3. Granting an exemption to usual fostering limit.
In cases where a person is privately fostering or proposes to foster privately more than three children who are not siblings at any one time, then that person needs an exemption from the local authority.
The local authority has the power to grant exemptions to the usual fostering limit, taking into account the following factors:
- the wishes and feelings of the child as far as can be ascertained;
- The best interest of the child;
- The wishes of the parent;
- The long term plan for the child;
- The ability of the foster carer to help the child with possible confusion if the placement is both long term and trans-racial
- The ability of the carer to understand fully the child's racial and cultural needs if they are different from the carers.
Exemptions from the usual fostering limit will be considered in relation to a particular child only. They will be time limited, with a clear plan for returning to the usual limit.
The decision to grant an exemption will be made by the Designated Manager (Private Fostering) on the basis of the recommendation of the Fostering Panel. In order to consider an exemption, a written report must be submitted to the Fostering Panel and the Designated Manager (Private Fostering) and the outcome of the decision will be given in writing (see 7.1 above).
If a private foster carer exceeds the usual fostering limit or, where exempted, privately fosters a child not named in the exemption and in doing so, exceeds the usual fostering limit, the carer shall be treated as running a children's home. Any person who runs a children's home without being registered in respect of the home under the Care Standards Act 2000 is guilty of an offence (see section 11 of that Act). In such cases legal advice should be obtained.
8.2. Disqualification
Certain individuals are automatically disqualified from being private foster carers due to past activities or offences as contained in Disqualification from Caring for Children (England) Regulations 2002
These are any one who has:-
- Any specified offences against a child of which they have been convicted, which includes any offence involving bodily injury to a child.
- Any disqualification and prohibitions e.g. registration as childminder refused or cancelled, or disqualification from acting as a local authority foster carer.
- Any such convictions, disqualifications or prohibitions imposed on any other person living or employed at the same household.
- Had a child removed from their care as a result of a Court Order
The Act requires persons who are privately fostering or who notify of their intention to do so to tell the local authority about any disqualifications.
If any information comes to light during the course of the assessment as a result of which the foster carer is considered unsuitable, for example as a result of the Criminal Records Bureau checks, which may preclude the person from fostering a child, the social worker should advise the parents of the reason for such a conclusion and that alternative arrangements will have to be made for the child. In order to determine the best outcome for the child, an Initial or Core Assessment under the Assessment Framework should be undertaken, in accordance with the procedures contained elsewhere in this Manual.
In the event that the parents decline to make alternative arrangements or where the parents cannot be found, the social worker should consider whether any action may be required by the local authority to secure the child's safety under Child Protection Procedures and legal advice should be sought as necessary.
8.2.1 Lifting of disqualification.
The local authority has discretionary powers to lift the disqualification and thus allow the person to privately foster.
These powers should be used only in exceptional circumstances and any consideration given to lifting disqualifications will be subject to the approval of the Decision Maker (Private Fostering) having regard to any recommendation made by the Fostering Panel and after legal advice has been obtained. In order to make this decision, the report to the Fostering Panel and the Decision Maker (Private Fostering) will require the following information:-
- The date of the offence or Court Order
- The type of offence or Court Order
- The person's activity and involvement with children since the offence or Court Order
- The background information related to the offence or Court Order.
The information required for the decision to be made should be obtained by a social worker from the Locality Team and a report covering the above details should be submitted to the Fostering Panel and the Designated Manager (Private Fostering).
If the Decision Maker (Private Fostering) refuses to lift the disqualification, the person should be informed in writing of the reasons and they should be informed of their right to appeal and the time limits.
8.3 Prohibition
A prohibition can be imposed on persons who propose to foster privately, as well as to persons who are actually fostering a child privately. A person can be prohibited from privately fostering a child if a decision is made that that person is not suitable to privately foster a child; his/her premises are not suitable for private fostering; or it would be prejudicial to the welfare of the child for him/her to be, or continue to be, accommodated by that person in those premises.
A person may be prohibited from fostering privately any child in any premises; or a child in specified premises; or a particular child in specified premises.
All decisions to issue a Prohibition should be taken by the Designated Manager (Private Fostering) having regard to any recommendation made by the Fostering Panel and in consultation with Legal Services.
Persons on whom a prohibition has been imposed are disqualified from private fostering and from running or being employed in a children's home, voluntary home, day care or childminding.
8.3.1. Action to be taken in the event of a Prohibition being issued.
Where a decision is made to prohibit a foster carer from fostering, the foster carer and the parent must be advised immediately of the decision and the reasons. The social worker must advise the parent to make alternative arrangements for the child. The parent must be offered advice and information on what alternative arrangements can be made for their child and if applicable what support under section 17 of the Children Act can be offered to safeguard the child's welfare. In order to determine the best outcome for the child, an Initial or Core Assessment under the Assessment Framework should be undertaken, in accordance with the procedures contained elsewhere in this Manual.
In the event that the parents decline to make alternative arrangements or where the parents cannot be found, the social worker should consider whether any action may be required to secure the child's safety under Child Protection Procedures and legal advice should be sought as necessary.
A prohibition must be sent in writing to the person on whom it is being imposed, specify reasons, and contain information about the right of the person to appeal and the time in which he/she may do so (see 7.1 above).
8.3.2. Cancellation of Prohibition
A prohibition may be cancelled if it is considered that the prohibition is no longer justified.
The decision to cancel must be taken by the Decision Maker (Private Fostering) having regard to any recommendation made by the Fostering Panel and in consultation with Legal Services.
In order to make this decision, the Fostering Panel and the Designated Manager (Private Fostering) will require the following information:-
- The date of the prohibition
- The reason for prohibition
- The background information related to the prohibition being imposed.
- The reasons for considerations being given to the prohibition being cancelled.
9. Representations Procedure
When a decision is made to impose a requirement or prohibit a foster carer from caring for a child, the written notice of the decision must be sent to the applicant within 7 working days of the decision being made. The applicant will be advised in the written notice that if he or she wishes to challenge the decision, representations should be submitted either in person to the next available Fostering Panel or in writing. The Panel Administrator must receive notification of the wish to attend Panel or any written representations within 28 days of the date of the written notice of the decision.
If no written notification or representations are received within this period, the requirement or prohibition can be confirmed.
If written representations are made within the period, the matter must be referred to the Fostering Panel for further consideration. The Panel Administrator will advise the foster carer within 7 days of the date of the Panel meeting when they can attend or their written representations will be considered. In these circumstances, a friend or supporter can accompany foster carers who wish to attend the meeting of the Fostering Panel.
Where a foster carer wishes to make representations in person, the Panel Chair should consider the Panel meeting as a smaller quorate sub-group.
After considering the representations, the Panel will make further recommendations either confirming or amending their previous views and these will be considered by the Decision Maker (Private Fostering) before a final decision is made.
Written notice of the final decision, together with reasons, must be sent to the foster carer within 7 working days of the Panel meeting.
Once notice has been given of a final decision to impose a requirement on a foster carer or to prohibit a foster carer from fostering, the person concerned has 14 days in which to appeal to the Court. During this period, the requirement or the prohibition has no effect. The parent must be kept fully informed of this process.
As soon as the social worker receives information that an appeal against a decision is to be made, Legal Services should be notified.
10. Review of Foster Carers
The suitability of the private foster carer should be reviewed annually by the Designated Private Fostering Social Worker following the same procedure as for the review of the local authority's approved foster carers by the Family Placement Service - see Review of Foster Carers Procedure.
11. Local Authority Foster Carers who privately foster.
Where local authority foster carers notify their intention to privately foster a child, the above procedure should be followed.
In these circumstances, a fostering worker will normally carry out the assessment.
The foster carers should be advised of the differences between their two roles.
Consideration will need to be given to the implications for any looked after child already placed with the foster carer and contact should be made by the family placement worker involved with the social workers for such children.
Consideration should also be given to the future placement of any looked after children particularly having regard to the usual fostering limit of three children.
12. .Guidance notes.
12.1 Offences
It is an offence to care for a child:
- Whilst disqualified from private fostering without the consent of the local authority, or
- Whilst living in the same household as someone who is himself disqualified from private fostering or where any such person is employed or whilst prohibited.
A person found guilty on summary conviction of such an offence would be liable to a term of imprisonment of not more than 51 weeks (or not more than 6 months in the case of an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003) or to a fine or both.
It is an offence to fail to give the notice of a proposed and/or actual private fostering arrangement as required under Regulations 3 and 5 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. A person found guilty on summary conviction of such an offence would be liable to a fine.
It is an offence to make, or cause or procure another person to make, any statement in the notice or information, which is known to be false or misleading in a material particular. A person found guilty on summary conviction of such an offence would be liable to a fine.
It is an offence to fail, without reasonable excuse, to comply with any requirement imposed by a local authority. A person found guilty on summary conviction of such an offence would be liable to a fine.
It is an offence to refuse to allow a privately fostered child to be visited by an authorised officer of a local authority; or 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 seeing the child there. A person found guilty on summary conviction of such an offence would be liable to a fine.
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. A person found guilty on summary conviction of such an offence would be liable to a fine.
12.2. After Care
| 12.2.1 | Under Section 24 of the Children Act 1989 a disabled person who is under 21 and who was (but is no longer) privately fostered at any time after his sixteenth birthday qualifies for advice and assistance from the local authority in whose area he is residing. |
| 12.2.2 | The local authority may advise, assist and befriend such a young person if he or she asks for help and his/her previous private foster carers do not have the necessary facilities to advise or befriend him or her. Assistance may be in kind or, in exceptional circumstances, in cash which may also be conditional on repayment, except where a person is in receipt of certain benefits. |
| 12.2.3 | The guidance to Section 24 of the Children Act 1989 (Chapter 2.16) includes reference to privately fostered children and should be consulted for guidance on principles and practice. It is important to note that local authorities only have a responsibility to advise and assist young disabled people who have previously been privately fostered. The powers of local authorities to contribute to expenses related to education, employment and training set out at section 24B of the 1989 Act are not applicable to young disabled people who were formerly privately fostered. |
12. 3. Parental responsibility
| 12.3.1 | Parental responsibility is one of the key underpinning concepts of the Children Act 1989. Because parents have the legal responsibility for their children they should be encouraged to participate in all decisions made in relation to a private fostering arrangement. The Children Act 1989 defines 'parental responsibility' to include all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property (section 3(1)). |
| 12.3.2 | A person with parental responsibility may, arrange, under section 2(9) of the Children Act 1989 for a private foster carer to meet that responsibility by acting on his behalf, for example, by delegating responsibility for consent to medical examination or treatment. Such an arrangement may prove useful in situations where the parent of the child is unable to exercise his or her responsibilities. However, (under section 2(11)) such an arrangement does not affect any liability of the person with parental responsibility that may follow from a failure to meet that responsibility. |
| 12.3.3 | Whilst the day-to-day care of the child can be delegated to the private foster carer, parental responsibility remains with the parent. How they exercise this is a matter for agreement with the private foster carer at the start of the arrangement. However, parents should be encouraged to remain as closely involved as possible in their child's life. Without this, the position of the child could become uncertain and allow the arrangement to be regarded as a quasi adoption in which the child feels uncertain as to which family he belongs. The parents should be encouraged to keep the child up to date with happenings in the family, either directly or through the private foster carer. |
| 12.3.4 | If the parents, or those with parental responsibility, are failing to exercise their responsibilities e.g. failing to pay maintenance or to keep in touch, the social worker undertaking the visits should try to locate them and find out if there is a problem, give advice and take appropriate action as necessary. Where the parents cannot be contacted over a sustained period of time, the local authority should consider whether the child is a Child in Need and the extent to which (if at all) the local authority should exercise any of their functions under the Children Act 1989 with respect to the child, for example by the provision of support services. |
13. International Aspects
13.1 Immigration and Nationality
| 13.1.1 | There is no specific provision in the Immigration Rules for children to be admitted to the United Kingdom for private fostering. However, foreign nationals and Commonwealth citizens who are admitted to the United Kingdom for a limited period, for example as visitors, students or work permit holders, may be joined or accompanied by their children provided that certain conditions are met (for example, the parents must be able to maintain and accommodate their children adequately without recourse to public funds). There is no bar to parents placing their children in private foster care during their stay in the United Kingdom provided that they take the child with them when they leave the country and meet all the usual requirements about notice and suitability of the proposed arrangement. Children will normally be given leave to remain for the same period as their parents. The date when the child's leave to remain expires will be stamped in the child's passport on arrival in the United Kingdom. If the social worker who is responsible for inquiring into a prospective private foster care arrangement or one that has already begun is not satisfied that there are clear plans for the child to return with the parents e.g. purchased return tickets and clear traceable return address in the country of origin, they should discuss these issues with the adults concerned and, if concerns remain, should seek advice from the Home Office Immigration and Nationality Directorate. |
| 13.1.2 | Any person who has limited leave to remain in the United Kingdom must leave the country before his or her leave expires or apply to extend that leave. If he does not do so, he will automatically become an overstayer, which is a criminal offence (except for children under age 10), and will be liable to removal from the United Kingdom. Parents may make an application to the Home Office Immigration and Nationality Directorate for an extension of leave to remain, whether in relation to themselves or their children. It should be noted that any application for an extension of leave to remain must be made before the child's current leave expires; and that there is no provision in the Immigration Rules for a person who was admitted for 6 months as a visitor to be granted further leave to remain as a visitor or a student. |
| 13.1.3 | A person born in the United Kingdom prior to 1 January 1983 is a British citizen and is not therefore subject to immigration control. A child born in the United Kingdom after that date will be a British citizen if at the time of his birth his father or mother is a British citizen or lawfully settled in the United Kingdom. A new born child who is found abandoned in the United Kingdom is assumed to meet the above requirements unless the contrary is shown i.e. the child will be assumed to be a British Citizen. |
| 13.1.4 | The social worker should check a privately fostered child's passport to in order to satisfy him/herself about the child's immigration status, in particular that the child is lawfully present in the UK. This should be done on the first occasion that the child is seen following notification that a private fostering arrangement is in place. This simple, practical step is also an important means of confirming the child's identity. For children who are UK citizens, it is recognised that they may not hold a passport. A local authority or private foster carer who is in any doubt about a child's immigration or nationality status is strongly advised to consult the Home Office Immigration and Nationality Directorate at the earliest opportunity. The local authority can also seek assistance from the authority in the country of origin or the International Social Service (ISS) with a view to tracing the child's parents and arranging for the child to be returned to them. In most cases, the ISS is able to provide for the exchange of medical and educational histories of a child, as well as to ascertain whether there would be any reasonable grounds not to return the child to his parents and whether parental responsibility has been terminated or circumscribed by any overseas authority, or to make arrangements for the reunification of the child with his parents overseas. |
13.2 Living Abroad
| 13.1 | A parent or other person with parental responsibility of a child who is being privately fostered can arrange for the child's return to his own country from the United Kingdom, even in those instances where this is in opposition to the wishes of the child or the private foster carer. It would be advisable for local authorities to ensure at the outset of an arrangement, in so far as it is practicable to do so, that there are any plans for the child to be reunited with a parent who is not present in the UK. This will avoid frustration that may arise from mistaken, confused or disappointed expectations about any proposed or actual plans for the child to return to the country of origin. |
| 13.2 | Where arrangements for leaving the UK need to be made for children whose families live abroad, this is primarily a matter for the private foster carer and the parent. However, if the arrangement has broken down and the child is accommodated by the local authority, the local authority may wish to assist the parents by making travel arrangements, and then check that the child has arrived at his destination and been met. |
13. 3. Lone children without a right of abode
| 13.3.1 | Children of statutory school age without a right of abode who apply for leave to enter the UK on their own will only be granted leave to enter in very limited circumstances and will not be permitted to take up a place at a maintained school. Leave to enter the UK in order to receive an education will only be granted if the child satisfies the requirements specified in paragraph 57 of the Immigration Rules. For example, if the child is under 16, s/he must produce proof of acceptance for a course of study at an independent and fee-paying or private educational institution. The Immigration Rules can be viewed on the Home Office - Uk Border Agency website. |
13.4. EEA nationals
EEA national children who come to the UK as students, and who are not accompanied by their parents, enjoy the same rights to education as British citizens. Non-EEA children of EEA parents who are not accompanied by their parents do not have this right.
13.5. Non - EEA Nationals
Holders of passports describing them as British Dependent Territories Citizens or British Overseas Citizens have no automatic right of abode in the UK, nor do other non-EEA nationals.
13.6. Entitlement to health services for children from overseas
| 13.6.1 | A child from overseas, who is resident in the UK lawfully and for a settled purpose, may apply to register with a General Practitioner, or their parent or private foster carer may do so on their behalf. |
| 13.6.2 | A child who is being privately fostered may or may not be chargeable for NHS hospital treatment, depending on the exact circumstances of their stay in the UK. A child who, for example, enters the UK on a visitor's visa, but then remains beyond the validity of that visa, being privately fostered while his parents return to their home country, would not be here legally and could, therefore, be charged for NHS hospital treatment. |
End