18.4 Private Fostering

The legislation relevant to private fostering is set out in Part 9 of, and Schedule 8 to, the Children Act 1989, as amended by Section 44 of the Children Act 2004, and The Children (Private Arrangements for Fostering) Regulations 2005, which replaced the Children (Private Arrangements for Fostering) Regulations 1991. Reference should also be made to the Children Act Guidance on Private Fostering (2005) and the National Minimum Standards in relation to Private Fostering (2005).

Private fostering arrangements can be a positive response from within the community to difficulties experienced by families. Nonetheless, privately fostered children remain a diverse and potentially vulnerable group.

The private foster carer becomes responsible for providing the day-to-day care of the child in a way which will promote and safeguard his/her welfare but they do not have parental responsibility for the child. Overarching responsibility for safeguarding and promoting the welfare of the privately fostered child remains with the parent or other person with parental responsibility. Local authorities do not formally approve or register private foster carers. However, it is the duty of local authorities to satisfy themselves that the welfare of the children who are, or will be, privately fostered within their area is being, or will be, satisfactorily safeguarded and promoted. It is the local authority in whose area the privately fostered child resides which has legal duties in respect of that child.

A privately fostered child is a child under 16 (or 18 if Disabled) who is cared for by an adult who is not a parent or blood relative, grandparent, aunt, uncle, step parent, sister or brother where the child is to be cared for in that person's home for 28 days or more.

The period for which a child is cared for by the private foster carer is continuous for 28 days or more, short breaks within the period of private fostering will not affect or end the arrangement.

A child who is “Looked After” by the Local Authority (a child placed in any residential home, hospital or school is excluded from the definition). In a private fostering arrangement, the parent retains Parental Responsibility.

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.  If any agency becomes aware of a child who may be privately fostered, they must inform the Multi-Agency Safeguarding Hub (MASH).  All referrals regarding potential private fostering arrangements must be made to Sefton MASH (Tel. 0345 140 0845) using Sefton Council’s on-line referral form stating that this is a potential private fostering arrangement.  

The person making the referral should be asked to provide as much as 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 by the MASH:

• Any offence of which he/she or any other member of the household has been convicted;
• Any disqualification or prohibition placed on him/her or any other member of the household;
• Any actions taken or orders made in relation to the private foster 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 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 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 his or her 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 using the on-line MASH referral form of the arrangement and must inform the parent and private foster carer of their intention to do so.

Potential scenarios where private fostering arrangement may be made and agencies should consider a private fostering referral to MASH are:

1. Parent entering custody
2. New school admission application for a child (residing with a non-family member)
3. New registration with a GP practice

When notification or information is received from any source that a child is privately fostered, this information must be passed to Sefton MASH.

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;
2. Visit and speak to the child alone, unless the social worker considers it inappropriate to do so;
3. Speak to and if possible visit the parents;
4. Ensure that the purpose and likely duration of the private fostering arrangement is understood by and agreed between the parents and the private foster carers;
5. Ascertain the wishes and feelings of the child about the private fostering arrangement;
6. Check the suitability of the accommodation, the capacity of the private foster carer to look after the child, the suitability of other members of the private foster carer's household;
7. Ensure that the parents are involved in planning for the child and explore whether the child's needs may be more appropriately met by providing services to the child and parent at home;
8. Encourage the parents to draw up a written agreement (it may be helpful to use a Placement Information Record or equivalent LAC documentation as a guide) with the private foster carers as to their respective expectations and responsibilities in relation to the fostering arrangement including giving written consent for medical treatment, financial arrangements and the child's contact with his or her parents and other significant family members;
9. Where the child has already been placed, ensure that the child has been registered with a G.P and dentist, that their development in all aspects is satisfactory, that the standard of care being given to the child is appropriate and that the child's needs arising from his or her religious persuasion, racial origin and cultural and linguistic background are being met;
10. Where the child has already been placed, check that the financial matters are in order and the contact arrangements are working;
11. Notify the relevant health and education agencies of the child's placement or proposed placement including the health visiting service where appropriate;
12. Ensure that any necessary links are or will be established with other agencies for example because of the child's disabilities and/or special educational needs;
13. Enter the child and the private foster carer's details onto the child’s record.

Determination of the private fostering arrangement needs to be communicated to referring agency (if referrer is an agency).

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 enhanced checks being made with the Disclosure and Barring Service (DBS) and ask the private foster carer for the names of 2 personal referees;
3. Establish the private foster carer's child care experience, access to support and views and intentions regarding behaviour management of the child;
4. Establish the plans for contact between the child and his or her parents;
5. 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;
6. Advise the private foster carer of the need for notification to Children's Social Care 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.

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 Social Care;
• Keeping a photograph album.

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 also:

1. 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 to the private foster carer;
2. 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 private fostering arrangement including the contact arrangements, finances and expected duration;
3. Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the private foster home;
4. Ensure that a school place has been arranged for the child if of school age;
5. Ensure the parent provides the private foster carer with 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;
6. Advise the private foster carer to arrange a medical examination of the child with the GP as soon as practicable after the start of the placement.

If any of the above cannot be provided by the parent/s, information should be sought from other sources.

After the visit, the social worker should complete a written report of the meeting on and pass to their line manager for authorisation.

An assessment of the private foster carers will normally be carried out by a social worker. Ongoing monitoring and supervision will normally be undertaken by the allocated social worker

The social worker undertaking the assessment must arrange for enhanced checks on the private foster carer, all members of the household and frequent visitors over 18 to be made with the Disclosure and Barring Service (DBS) and Children's Social Care records (including for the areas of any previous addresses). The social worker should also seek written references and arrange to visit the personal referees.

The assessment will consider the following:

• The suitability of the private foster carer and all members of the household;
• The suitability of the accommodation.

The assessment should be presented to the respective Social Care Team Manager and subsequently to the Service Manager for a decision to be made. If the Service Manager is satisfied with the assessment and the proposals for support and review will satisfactorily safeguard and promote the welfare of the child, the Private Foster Carers and parent will be notified of the decision in writing by the service Manager. This should include any requirements, exemptions or prohibitions imposed.

The child will be identified as a child in need under section 17 of the Children Act 1989 and a Single Assessment will be undertaken to ensure that the arrangement is appropriately meeting the needs of the child.

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 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 privately fostering a child, the social worker should prepare a report to the respective Children’s Social Care Team Manager. 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 Sefton Local Safeguarding Children Board Procedures and legal advice should be sought as necessary.

Financial responsibility for the child or young person remains with the person(s) with Parental Responsibility.

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 respective Children’s Social Care Service Manager. The application must contain the following information:

1. The number, names and ages of the children;
2. The proposed arrangements for the care and accommodation of the children;
3. The intended and likely relationship between the children and the foster carers;
4. The proposed length of the placement;
5. Whether the welfare of the children in the placement will be safeguarded and promoted.

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 private foster carer from fostering on the basis that they are not suitable and/or the premises are unsuitable.

The fact that a private Foster Carer is a Disqualified Person (Foster Carer) is a good reason upon which to seek a prohibition.

The Service Manager, is responsible for determining if there are reasons for prohibition or disqualification based on Private Fostering national Minimum Standards.

Where the social worker considers that it would be appropriate to approve a foster carer despite the fact that he or she or a person in the household is disqualified, a written report must be presented to the service manager for their consideration.

Where a decision is made to prohibit a private foster carer from caring for a child, reasons for the decision must be recorded by Service Manager.  Written notice of the decision, together with the reasons, must be sent by hand or recorded delivery post to the private foster carer and to the parent by the social worker responsible for the assessment.  All of this documentation must be recorded on the record of the adult who has been prohibited from being private foster carer.  The private foster carer will also be advised of their 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.

Frequency

Visits by a social worker must be made to the child and the private foster carer at the foster home within one week of the placement, or the date when notification was received if later, and then visits will be made at least every six weeks in the first year by a social worker.

In subsequent years, visits must be at least every 12 weeks.

The need to visit more frequently will be decided by the social worker and his or her 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.

At no point must a child/ren subject to private fostering arrangements be ‘stepped down’ to Early Help as the child MUST be allocated to a qualified Social Worker. 

Purpose

The overall purpose of all visits is to ensure that the welfare of the child is safeguarded and promoted, encourage the maintenance and improvement of child care standards and check that the child's needs are met within the private foster placement and in particular:

1. To observe the overall standard of care including visiting the child's bedroom;
2. To ensure that the child is developing satisfactorily and that his or her needs arising from religious persuasion, racial origin and cultural and linguistic background are being met;
3. To speak to and ascertain the wishes of the child;
4. To review the purpose and likely duration of the placement and ensure that arrangements with the parents are working;
5. The parent and the foster carer should be encouraged to plan the ending of the placement and prepare the child for the change.
6. To check that any requirements imposed are being met and check whether they need to be changed or cancelled;
7. To ensure that the arrangements for the child's education are satisfactory;
8. To advise or arrange advice for the private 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;
9. To check that the financial arrangements for the care of the child are working;
10. 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;
11. To ensure that the child has access to services as required as a result of any disabilities;
12. To enquire as to the contact arrangements for the child with the parents and siblings;
13. To encourage the private 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.

Reports on Visits

A written report on every visit must be made by the social worker and recorded on the child’s electronic record.  The private foster 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 private foster carer and the child. It must also contain a recommendation about the continued suitability of the private fostering arrangement and whether any action should be taken and/or requirements on the private foster carer.

The private fostering visit report must be reviewed by the team manager and discussed in supervision.

Unsatisfactory care

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

The suitability of the private foster carer should be reviewed annually. This review will be chaired by the Service Manager responsible for the respective service and attended by the social worker and their team manager.  The Children’s Social Care Quality Assurance Manager will ensure analysis is undertaken to identify the duration of the private fostering arrangements to trigger the annual review process.

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 Looked After Child 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 Looked After children 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 including the name and address of the person into whose care the child has moved.

Unless a young person has a disability, private fostering ends at 16. Children's Social Care 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, he or she should be assisted as a Child In Need. Where the young person moves to independent living, support can be provided to them up as he or she will fall within the definition of Qualifying Young People. Support may include advice, befriending and discretionary financial assistance. 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 21 or beyond if the young person is in higher education, up to the end of the course.

See Sefton Council Leaving Care and Transition Procedure.

Partnership work and communication should be maintained to support he private fostering arrangement for both of the child and the carers

The Senior IRO, in their private fostering champion capacity, will be responsible for undertaking sampling of private fostering files relating to both children and private foster carers. Information from review meetings and file sampling will, together with quantitative data regarding private fostering arrangements and partnership implementation private fostering action plan, form the basis of an annual report written by the Service Manager, Safeguarding Children to the Head of Service which evaluates the outcomes in relation to privately fostered children and an annual report to the Local Safeguarding Children Board on how the welfare of privately fostered children is satisfactorily safeguarded and promoted including cooperation with other agencies.