Private Fostering

A private fostering arrangement is 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 or close relative with the intention that it should last for 28 days or more.

Private foster carers may be from the extended family, such as a cousin or great aunt. However, a person who is a relative under the Children Act 1989 i.e. a grandparent, brother, sister, uncle or aunt (whether of the full or half blood or by marriage) or step-parent will not be a private foster carer.

Section 17(11) CA 1989: a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed.

A child who is residing in any residential home, hospital, or school (where they are receiving full-time education) is excluded from the definition.

However, Children under 16 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. See also Schedule 8 (para 9) Children Act 1989.

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.

The person making the notification should be asked to provide the following information:

1. The name, gender, date and place of birth and address of the child;
2. The racial origin, cultural and linguistic background and religion of the child;
3. The names and address of the person giving the notice and any previous address within the last five years;
4. The name and addresses of the child's parents and any previous addresses within the last 5 years;
5. If different, the name and address of the person from whom the child was or is to be received;
6. The name and address of the private foster carers and any previous addresses within the last 5 years;
7. The name and address of any other person who is involved in making the arrangement;
8. The name and address of any siblings of the child who are under 18, and the current arrangements for their care;
9. The purpose and likely duration of the arrangement;
10. The intended date when the child is to be placed with the private foster carers or the date when the placement began.

In relation to notifications given by the private foster carer or proposed private foster carer, the following information should also be obtained:

• Any offence of which they or any other member of the household has been convicted;
• Any disqualification or prohibition (see Section 11, Disqualification and Prohibition) placed on them or any other member of the household;
• Any actions taken or orders made in relation to the carer or any child who is or was a member of the same household.

Written notification must also be made to the local authority by the 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 11, Disqualification and Prohibition) 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 another local authority, the social worker must immediately pass to the new authority the name and address of the private 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 office where the privately fostered child resides.

A social worker will be allocated to carry out the following initial tasks within one week of the notification:

1. Visit the private foster carers in the home where the child is to live and speak to them and all members of the household; (See Section 4, Initial Visit to Private Foster Carers);
2. Visit and speak to the child alone to ascertain their wishes and feelings about the arrangement unless the social worker considers it inappropriate to do so in which case the reason should be recorded and brought to the attention of the team manager;
3. Speak to and if possible, visit the parents.

During the initial visit, the social worker should:

1. Explain the assessment process to the private foster carers and provide written information to them;
2. Obtain the written consent of the private foster carer and all members of the household over 16 to checks being made with the Disclosure and Barring Service;
3. Establish the private foster carer's childcare experience, access to support and views and intentions regarding behaviour management of the child;
4. Check the suitability of the accommodation;
5. Establish the plans for contact between the child and their parents;
6. Establish the private foster carer's understanding of the child's culture and give advice in relation to resources and facilities which could assist in meeting the child's racial, cultural, religious, and linguistic needs, including the use of an interpreter if necessary;
7. Advise the private foster carer of the need for notification to Children's Services in the event of a change in circumstances and preparation of the child before any further move, and for continuity of information being passed to the next carer;
8. Check the child's passport to satisfy themselves about the child's immigration status, that the child is lawfully present in the UK;
9. Ensure that the parents have fully informed the private 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 (red book) to the private foster carer if appropriate;
10. Encourage the private 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 financial arrangements and Contact Arrangements/Family Time;
11. Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the foster home;
12. Ensure that a school place has been arranged for the child if of school age;
13. Ensure the parent provides to the private 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 private foster carer in relation to recording the child's development, particularly incorporating the following matters:

• Maintaining the child's medical history;
• Keeping a file of school reports;
• Noting dates of contact with the parents and significant others;
• Maintaining a financial record;
• Noting dates of contact with Children's Services;
• Keeping a photographic record

In the event of a refusal of any person to cooperate with the making of the necessary checks, the social worker should advise the private 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 ensure that the above actions are completed as soon as possible. Ensure that the standard of care being given to the child is appropriate and check that the financial matters are in order and the contact arrangements are working.

Information from several different agencies is necessary to inform the private fostering arrangement assessment. These include:

DBS – checks should be carried out for someone who is privately fostering or proposing to privately foster a child and all members of his household aged over 16 years. The actual or proposed private foster carer and each member of his household aged over 16 should be asked to provide written consent for such a check to be carried out.

The DBS does not support portable DBS checks (i.e.: checks completed by other organisations) so new DBS applications should always be completed when assessing prospective private foster carers. The assessing social workers should contact the Children in Care admin team by emailing CICAdmin@trafford.gov.uk in order to complete the DBS application.

In line with Trafford’s Fostering Policy, those carers that are caring for children in longer term private fostering arrangements should have new or updating DBS checks every three years.

LCS Checks - checks of LCS are necessary to check whether the proposed or actual private foster carer or any member of his household is/has been known to social services (and liaise with other local authorities if the proposed private foster carer has only been in the present local authority area for a short-time).

It is particularly important that the carers electronic file is checked to ascertain whether they have privately fostered children before and whether they have been prohibited from doing so in the past.

OFSTED - information from Ofsted is necessary to ensure the private foster carer has not had a child-minding registration refused or cancelled.

PROBATION – information from Probation is necessary to ensure they are not disqualified from being private foster carers due to past activities or offences.

In the event of a refusal of any person to cooperate with the making of the necessary checks, the social worker should advise the private foster carers that as the required assessment cannot be completed, they cannot be recommended as suitable. In these circumstances, the social worker must advise the parents of the need to make alternative.

The social worker undertaking the assessment must arrange for checks on the private foster carer, all members of the household and frequent visitors over 16 to be made with the Disclosure and Barring Service and Children's Services records (including for the areas of any previous addresses).

The assessment of the carer will be carried out by the allocated social worker and will comply with The Children (Private Arrangements for Fostering) Regulations 2005 – Schedules 1, 2, 3 & 4). It must ascertain:

• The capacity of the private Foster Carer to look after the child;
• The suitability of the accommodation;
• The standard of care which the child is being given;
• The suitability of members of the private Foster Carer’s household;
• How decisions about the child’s care are being taken;
• The placement will not have a detrimental impact upon the other children living in the placement, including the carers own children;
• Whether the private Foster Carer, the parents of the child, any other person with Parental Responsibility for the child, or any other person concerned with the child are being given such advice as seems to the authority to be needed;
• The carer or other adult persons living in the household are related to the child (whether of full blood or by affinity i.e. generally marriage). Claims of a relationship must be supported by written evidence. Failure to provide written evidence will lead to an assumption that a relationship by blood or by affinity does not exist. The burden of proof must remain with the carer not the Local Authority unless the court directs otherwise;
• Basic health information on the private Foster Carer.

The written Private Fostering assessment covering the above issues should be undertaken by the allocated Social Worker and passed to the Practice Manager for agreement and countersignature covering any:

• Requirements that need to be imposed;
• Proposal to exceed the usual fostering limit of three children at any one time;
• Grounds for prohibition of placement (must be approved by a Head of Service);
• Suggestion that a ‘disqualified person’ (Disqualification from Caring for Children (England) Regulations 2002 should be allowed to privately foster;
• Arrangements for Private Fostering support or services to be offered to the carers by the Department and the arrangements for the ongoing monitoring of the child following placement.

The relevant Practice Manager must approve the above report to confirm the Social Worker’s recommendations, unless they have suggested that a disqualified person should be allowed to Privately Foster when the matter must be referred immediately to the Head of Service for a decision.

The relevant Manager must take all reasonable steps to ensure that the assessment and accompanying reports meet the requirements The Children (Private Arrangements for Fostering) Regulations 2005, before approving.

Under no circumstances should a report be approved, if (for any reason) the necessary DBS checks have not been approved or completed. If the DBS checks are delayed, the receipt of acceptable DBS checks may be a condition of the arrangement being agreed. In the event a DBS check has not be achieved in the required timeframe of the Private Fostering assessment, then the assessment may be finalised on LCS but will be deemed ‘unsatisfactory’. Following this, attempts to complete a DBS will continue. All ‘unsatisfactory'’ Private Fostering Assessments will be discussed and considered by the Practice Manager and Heads of Service in monthly performance meetings and further legal advice will be sought where required.

According to the outcome of the above process, formal notifications must be sent to relevant private Foster Carers who will either:

• Confirm unconditional acceptance of the proposed arrangement;
• Prohibit the arrangement; or
• Impose certain conditions.

If at any time during the assessment there is concern that the child is in need of services in their own right or if they may be in need of protection, then the child(ren) must be assessed following the usual procedures for assessing children in need) or children at risk relevant to the completion of a Children and Family Assessment and/or initiating a s47 enquiry. Legal advice should be sought if necessary.

Any services for the child which are needed will be coordinated via a Child in Need Planning Meeting. This package of support for the child will be provided alongside the private foster parents support to the carers.

If there is concern that the child's right to remain in the UK is not clear, the Social Worker should bring the matter to their manager's attention and obtain advice from Legal.

Financial support should be agreed between parents and carers. Private Foster Carers and prospective Private Foster Carers should be supported to obtain information about the entitlement to child and other financial benefits.

In Exceptional circumstances 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.

Once the approval in principle has been given, the social worker should arrange for the private foster carers to complete a financial assessment. Any financial support should be authorised and agreed by the relevant Head of Service.

The local authority has power to impose requirements on private foster carers.

Requirements may include:

1. The number, age and sex of the children who may be privately fostered;
2. The standard of accommodation and equipment to be provided for them;
3. The arrangements to be made with respect to their health and safety;
4. 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, such as sibling group or group of students.

A requirement may include a timescale within which the private foster carer must take the 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.

Any requirement must be imposed by notice in writing setting out:

• The reason for imposing the requirement;
• The right of appeal;
• The time limit for an appeal.

Where requirements which have been imposed are not complied with the allocated 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) and Director of Early Help and Childrens Social Care recommending that the private foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out below in Section 11, Disqualification and Prohibition must be followed.

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 privately fostered child in the family.

Only in exceptional circumstances will an exemption to the usual fostering limit be considered.

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 decision to grant an exemption will be made by the Director of Early Help and Childrens Social Care.

Failure to notify the local authority of private fostering arrangements, breaches of requirements, prohibitions and disqualifications and obstruction of powers of entry may be criminal offences.

If it appears an offence has been committed, legal advice should be taken before any referral to the police is made. Concerns of this nature should be discussed with the relevant Designated Manager (Private Fostering).

Where there are concerns about the child's care, the parents should be advised and consideration should be given to invoking the Multi-Agency Safeguarding Children Procedures.

Parents of privately fostered children and private foster carers should receive advice and support from the child's social worker to assist them to meet the needs of children who are privately fostered. Privately fostered children should be able to access advice and support when required so that their welfare is safeguarded and promoted.

Parents may need advice and support to make alternative arrangements for the care of their child if the private foster care arrangements are inappropriate or unsuitable. They may need advice on attachment issues between siblings and between children and themselves and children and their private foster carers.

The suitability of the private foster carer should be reviewed annually by the social worker using the Private Fostering Annual Review Form within LCS.

As in all reviews, parents, children and carers should actively be encouraged to participate and contribute to the review and planning process. It is good practice to plan for permanence for all children living away from home.

Where local authority foster carers notify their intention to privately foster a child, the above procedure should be followed.

In these circumstances, a Fostering 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 Cared for Child already placed with the foster carer and contact should be made by the Fostering Social Worker involved with the social workers for such children.

Consideration should also be given to the future placement of any Cared for Child, particularly having regard to the usual fostering limit of three children.

Parents have a duty to notify the local authority of the ending of the placement in writing, the following information should be recorded.

• Date of Notification;
• Name of Person making Notification;
• Date Private Fostering Arrangement Ending/Ended;
• Reason why the arrangement has ended;
• Name, address, and description of new care arrangements for the child or young person.