SCOPE OF THIS CHAPTER
This procedure applies to children who are cared for by people other than their parent or close relative for 28 days or more and who are NOT subject to any order or arrangement that would place them in the care of the local authority.
In June 2019, this guidance was reviewed throughout and updated as required to reflect current practice.
A privately fostered child is a child under 16 years (or 18 if Disabled) who is cared for by an adult who is not a parent, grandparent, aunt, uncle, step parent (including civil partnerships), sister or brother where the child is to be cared for in that person's home for 28 days or more.
A child who is Looked After or placed in any residential home, hospital or school (where they are receiving full-time education) is excluded from the definition. In a private fostering arrangement, the parent retains Parental Responsibility.
However, Children under 16 years who spend more than 2 weeks in residence during holiday time in a school, become privately fostered children for the purposes of the legislation during that holiday period.
(Note: the local authority may exempt any person from giving written notice either for a specified period or indefinitely. This exemption may be revoked in writing at any time).
Where a child is to be placed with private foster carers, the local authority must be notified in writing at least 6 weeks before an arrangement begins. Where no prior notification of a placement is given, private foster carers must notify the local authority of the placement immediately.
Where notification is received that a private fostering arrangement has commenced in respect of a child subject to a Child Protection Plan, the Child Protection Manager must be notified. Decisions regarding the need for a continued Child Protection Plan must be made through the forum of Child Protection Conference as this change in circumstances does not necessarily mean that a Protection Plan is not required.
The person making the notification should be asked to provide the following information:
In relation to notifications given by the private foster carer or proposed private foster carer, the following information should also be obtained:
Written notification must also be made to the local authority by the private foster carer within 48 hours of any change in circumstances, e.g. a change of address, a change in the household, a criminal conviction/disqualification or prohibition (see Section 9, Prohibition and Disqualification) in relation to any person in the household or any intention to foster another child privately.
Where notification is that the private foster carers have moved to live in the area of another local authority, the social worker must immediately pass to the new authority the name and address of the foster carer, the name of the child being privately fostered, the name and address of the child's parents.
Where notification is that the placement has ended, the social worker should ascertain the name and address of the person now caring for the child and their relationship with the child.
Parents also have a duty to notify the local authority in writing of the ending of the placement including the name and address of the person into whose care the child has moved.
Any agency that becomes aware of a private fostering arrangement must immediately notify the local authority in writing of the arrangement and must inform the parent and private foster carer of their intention to do so.
When notification or information is received from any source that a child is privately fostered, this information must be passed to Children's Services.
A social worker will be allocated to carry out the following initial tasks within 1 week of the notification:
During the initial visit, the social worker should:
Advise the foster carer in relation to recording the child's development, particularly incorporating the following matters:
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 they cannot be recommended as suitable and advise the parents of the reason why alternative arrangements will have to be made for the child.
Any action required by the local authority to secure the child's safety should be considered and legal advice sought as necessary.
If the initial visit takes place after the child's placement, the social worker should also:
After the visit, the social worker should complete a written report of the meeting and pass a copy to the Designated Manager (Private Fostering) for approval with a copy of the private fostering arrangement and the Single Assessment. A copy should also be sent to the private foster carer and the parent.
The social worker undertaking the assessment must arrange for checks on the foster carer, all members of the household and frequent visitors over 16 to be made with the Disclosure and Barring Service (DBS) and Children's Services records (including for the areas of any previous addresses). The social worker should also seek written references from 2 referees who cannot be connected to each other, and arrange to visit the personal referees. The references can, however, be joint for the foster carers.
The assessment will consider the following:
The assessment should be presented to the Designated Manager (Private Fostering) for a decision to be made within 45 days. Written notice of the decision must then be sent to the foster carer and the parents, including any requirements, exemptions or prohibitions imposed - see Section 7, Imposing Requirements on Foster Carers, Section 8, Limit on Number of Children and Section 9, Prohibition and Disqualification.
If, at any stage of the assessment of the foster carers, information is obtained which suggests that a child already placed with the foster carer may be a Child in Need, the manager may authorise services under a Child in Need Plan and/or a Single Assessment to be carried out alongside the assessment of the foster carer.
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 they cannot be recommended as suitable and advise the parents of the reason why alternative arrangements will have to be made for the child. Any action required by the local authority to secure the child's safety should be considered and legal advice sought as necessary.
If any information comes to light during the course of the private foster carer assessment, for example as a result of the Disclosure and Barring Service checks, which may preclude the person from fostering a child, the social worker should prepare a report to the Designated Manager (Private Fostering). Immediate consideration should also be given to the arrangements for the child and if necessary child protection procedures should be followed.
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 the Derby and Derbyshire Safeguarding Children Partnership Procedures and legal advice should be sought as necessary.
The parent or person with Parental Responsibility will remain financially responsible for the child(ren). The private foster carer should be able to claim child tax credit / housing benefit where applicable. Financial support by the local authority to sustain an otherwise satisfactory placement may be considered and where appropriate, the social worker should seek the approval of the relevant manager for such assistance to be given.
Where appropriate, reports to the Designated Manager (Private Fostering) can include recommendations for requirements to be imposed on the foster carers, for example to restrict the approval to an individual child or to limit the number, age or gender of children who may be cared for privately. Requirements may also relate to the standard of accommodation, health and safety matters and/or practical matters such as equipment. A requirement may include a time-scale within which the foster carer must take the necessary action.
A requirement may be varied, removed or added at any time.
Any requirements imposed must be specified in writing, together with reasons. Written notice of any requirements imposed, together with the reasons, will be sent to the foster carer and to the parent by the social worker responsible for the assessment.
The maximum number of children privately fostered in any one household must not exceed 3 unless there are exceptional circumstances.
Any application for exemption from this limit must be made to the Designated Manager (Private Fostering). The application must contain the following information:
Exemptions will only be granted in relation to named children and will cease when the named children leave the placement.
Where an exemption is granted this will be confirmed in writing to the foster carers.
A decision can be made to prohibit the proposed foster carer from fostering on the basis that they are not suitable and/or the premises are unsuitable.
The fact that a Foster Carer is a Disqualified Person (Foster Carer) is a good reason upon which to seek a prohibition.
Where the social worker considers that it would be appropriate to approve a foster carer despite the fact that they or a person in the household is disqualified, a written report must be presented to the Designated Manager (Private Fostering) for consideration.
Where a decision is made to prohibit a foster carer from caring for a child, reasons for the decision must be recorded on both the child's and foster carer's files. Written notice of the decision, together with the reasons, must be sent by hand or recorded delivery post to the foster carer and to the parent by the social worker responsible for the assessment. The foster carer will also be advised of the right to appeal against the decision to the Magistrates' Court.
Discussion should also take place with the parent as to the making of alternative arrangements for the child.
Where requirements which have been imposed are not complied with, the social worker must consider whether support should be provided to ensure compliance and/or consider whether to report further to the Designated Manager (Private Fostering) recommending that the foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out above must be followed.
Visits by a social worker must be made to the child and the foster carer at the foster home within 1 week of the placement, or the date when notification was received if later, and then visits will be made every 6weeks in the first year by a social worker.
In subsequent years, visits must be at least 3 monthly.
The need to visit more frequently will be decided by the social worker and their manager 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 on each visit 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's bedroom should be seen on some visits.
The purpose of and matters to be discussed at the first visit after the child's placement are set out in Section 4, Initial Visit to Foster Carers.
The overall purpose of all visits is to encourage the maintenance and improvement of child care standards and check that the child's needs are met within the foster placement and in particular:
A report on every visit must be made by the social worker. The report must state whether the child was seen and if so, whether the child was seen alone. If the child was not seen, the reasons must be recorded. The record must comment on the child's welfare and how the placement is progressing including any views expressed by the foster carer and the child. It must also contain a recommendation about the continued suitability of the fostering arrangement and whether any action should be taken and/or requirements on the foster carer.
The report must be reviewed by the manager and recorded within the visits system on Mosaic.
Where there are concerns about the child's care, the parents should be advised and consideration should be given to invoking the Derby and Derbyshire Safeguarding Children Partnership Online Procedures.Social workers must remember that private foster carers do not have Parental Responsibility for the child and cannot give consent where this is required. Social workers should consult the Derby and Derbyshire Safeguarding Children Partnership Procedures Manual for clarity. See Children Living Away from Home Procedure and Child Protection Section 47 Enquiries Procedure which covers the duty and basis to conduct Child Protection Enquiries. Throughout the private fostering arrangement Children's Social Care must satisfy themselves as to the suitability of the private foster carer, their household and accommodation.
The suitability of the foster carer should be reviewed annually by the social worker and reported to the Designated Manager (Private Fostering).
Where local authority foster carers notify their intention to privately foster a child, the above procedure should be followed.
In these circumstances, a supervising social 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 Child in Care already placed with the foster carer and contact should be made by the supervising social worker involved with the social workers for such children.
Consideration should also be given to the future placement of any Children in Care particularly having regard to the usual fostering limit of 3 children.
Parents have a duty to notify the local authority of the ending of the placement including the name and address of the person into whose care the child has moved.
Private fostering ends for a young person at 16 unless they have a disability. Children's Services will review the young person's circumstances and future plans as they approach 16. Where a young person remains with the private foster carers after the age of 16, but requires continuing support, they should be assisted as a Child In Need. Where the young person moves to independent living, support can be provided to them up as they will fall within the definition of Qualifying Young People. (Note that the DfE Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers acknowledges that some 'Qualifying children' will be as vulnerable and have similar support needs as those who are Eligible, Relevant or Former Relevant).
Support may include advice, befriending and discretionary financial assistance where the young person has no other means. It will be provided at the request of the young person on the basis of assessment of need and can continue up to the age of 25 or beyond if the young person is in higher education, up to the end of the course. Note that in these circumstances, it is possible also for the local authority to also provide vacation holiday accommodation.Any request by the young person should be made to the local authority in which they are resident or where the education and training is being provided.
Only valid for 48hrs