4.7.8 Managing Allegations, Concerns and Complaints against Foster Carers

Introduction
National and Legal Context
Definitions
Practice Considerations
Scope
The Working Together Framework
Principles
Procedures
The Concerns Procedure

Appendix 1: Historical Abuse

1. Introduction

Concern for the safety of Looked After children, living away from home has to be within the context of their overall developmental needs and securing the best possible outcomes for their health and development.

In whatever setting, children living away from home should be provided with the same basic safeguards against abuse, founded on an approach which promotes their welfare, protects them from harm and treats them with dignity and respect. These core values underpin the regulations and standards which govern the way in which we look after children living away from home and specifically, how we ensure children are safeguarded and protected in each regulated setting.

As Corporate Parent to children who are Looked After, Dudley MBC has responsibilities to ensure that children placed in fostering families have their needs met, and that they are properly safeguarded. This procedural guidance is designed to ensure that allegations and concerns about possible harm are responded to in a way that provides "effective protection and support for children and the person making the allegation, and at the same time supports the person who is the subject of the allegation or concern"[1] It is important to all involved that any resolution of an allegation or concern is perceived to have proceeded in a fair, timely and transparent way for the carer and their family.

[1] Fostering NMS 2011 Standard 22.

2. National and Legal Context

This guidance and the procedures have been written within the framework of the Working Together to Safeguard Children documentation and should be read in conjunction with Dudley LSCB Safeguarding Procedures [2]

The Fostering Network publication "Managing allegations and serious concerns about foster carers' practice or standards of care has informed this guidance.

The Care Standards Act 2000, The Fostering Services Regulations 2011 and the National Minimum Standards (NMS) for Fostering, particularly Standard 22, Handling allegations and suspicions of harm, apply.

[2] In particular Part B Section 11 revised 2007 Managing allegations against people who work with children

3. Definitions

This guidance seeks to differentiate between allegations, concerns and complaints and to guide staff in the investigation and management of each type. The child in question is a child who is currently Looked After by the Local Authority and is fostered.

Allegation

The Working Together to Safeguard Children Guidance 2010 applies to a wider range of allegations than those in which there is reasonable cause to believe a child is suffering or is likely to suffer Significant Harm. It also caters for matters which might indicate that she or he is unsuitable to continue to work with children in their present capacity and which are differentiated in the following procedures as 'Concerns'.

Any suspicions that a child may be suffering, or is at risk of suffering Significant Harm due to the actions or failure to act, of a carer or member of their family, will be treated as allegations of Significant Harm pending further enquiries. An allegation is defined as:

An accusation against a carer or a member of their family, of physical, sexual or emotional abuse or neglect for which there is a statutory duty to investigate, under child protection procedures.

This includes both current and historical allegations.

An example would be an accusation that a carer or someone in their family has injured a child, or has behaved in a sexually inappropriate way, towards the child in question.

Allegations may come from a variety of sources; an accusation that a child is, or has been mistreated by a carer may be made by a child, a parent, a member of staff, another carer, or anyone else.

Allegations about Significant Harm may arise as the result of a single event, observation or accusation, or a number of events which individually may not be seen as significant, but collectively constitute harm. Allegations will be dealt with under the Allegations Procedure.

Concern

The Fostering Service will most likely have to respond to two main types of concern about carers. In the main, concerns will relate to standards of care in relation to breaches of national and local standards (those set out in the Foster Carer Agreement and the Placement Plan, local policies and procedures and the NMS).

There are those concerns which, with the agreement of the Fostering Service Manager can be defined as minor, and therefore can be addressed informally by the Supervising Social Worker linked to the carer(s) within one month of the matter being raised during supervision. For example:

Having a child's hair cut without discussion with the parents;
Quality or nature of diet, clothing or routine care and low level discipline issues.

Such matters may lead to additional training and support measures being put in place for the carer, which must be recorded in the carer's supervision records, and progress must be monitored and recorded through supervision. Outcomes should also be recorded on the child's electronic case record.

Secondly, there are those where a more significant breach has occurred, or where informal methods have failed which, with the agreement of the Fostering Service Manager and the Local Authority Designated Officer (LADO) are deemed to be serious but, not so serious as to warrant investigation under the safeguarding procedures. (In these matters the LADO will provide advice and record it as such). Nevertheless, they could have implications for the carers' approval status. Such matters will be investigated under the Concerns Procedure. Examples could be but are not limited to:

A Foster Carer's parenting style and quality of care for example inappropriate discipline;
The quality of working with other professionals/practitioners for example failure to adhere to the child's Placement or Care Plans;
Lack of or breach of confidentiality/unsuitable practice with regard to families - for example being discourteous to parents;
An accumulation or worsening of 'one off' or continuing minor concerns about day to day care.

Complaint

Complaints may be made about a carer's actions by a child, a parent or a member of the public. Where the need to invoke the Allegations or Concerns Procedures has been ruled out, complaints will be dealt with under the Children's Services Complaints Procedures as governed by the Children Act 1989 and the Representations Procedure (England) Regulations 2006. Eligible complainants should be informed of their rights and given information on how to make their complaint. Alternatively, in the case of an Independent Fostering Agency (IFA) a complaint will be responded to according to their own complaints procedure as appropriate.

It should be noted that matters investigated under the Allegations or Concerns Procedures may also constitute a complaint by a child/parent/other. Regulation 8[3] of the Children Act 1989 Representations Procedure (England) Regulations 2006 refers to 'concurrent consideration' and enables a Local Authority to give written notice to the complainant that the matter will be dealt with under disciplinary proceedings [3] or is the subject of a criminal investigation. However the complainant is entitled to resubmit the complaint within twelve months of the other matters being concluded.

It is important to ensure therefore that the complainant is advised of the outcome of the investigation once matters have been concluded.

The Children's Services Complaints Procedure or the IFA Complaints Procedure may also be used where an investigation under the Allegations or Concerns Procedure has not covered all the issues raised by a child or young person.

[3] Foster Carers are not employees of the organisation therefore they cannot be dealt with under the corporate disciplinary procedures. In matters concerning the conduct of Foster Carers the Fostering Panel would respond to any matters raised which call into question the fitness of carers to continue to be approved as Foster Carers for this organisation.

4. Practice Considerations

Staff should be clear about whether the issue they are dealing with is:

A standard of care concern;
Or whether it constitutes a matter which comes within the remit of child protection and safeguarding.

Therefore, consideration should always be given in the first instance, as to whether a serious concern meets the Working Together Framework 2010 (as outlined below), and requires implementation of child protection procedures. The Local Authority Designated Officer (LADO) will provide advice to Fostering and District Managers and staff to assist in decision making regarding the category any referral falls into.

Furthermore, staff should be aware that any concern, allegation or complaint has the capacity to be redefined after initial referral or part way through a procedure, depending on forthcoming information, and may therefore need to be dealt with under a different process.

5. Scope

These procedures relate to all allegations, concerns and complaints made against the Directorate's Foster Carers: i.e. mainstream carers, therapeutic foster carers (Flipside), Family or Friends carers and linked 'back up' carers and prospective adopters.

Allegations made against Foster Carers residing in Dudley but managed by an Independent Fostering Agency (IFA) will be investigated under Dudley's Safeguarding Children Board (DSCB) procedures however there will be communication with the relevant agency.

Carers approved by Dudley, resident outside of this area, who have Dudley children placed, and who subsequently have an allegation made against them, will be investigated under the local safeguarding procedures of the authority in which they live. However the LADO role will be Dudley's.

Carers approved by other fostering providers who live outside of Dudley but with whom Dudley children are placed, and who subsequently have an allegation of harm made against them, will be investigated under the local safeguarding procedures of the authority in which they live. However, the relevant local authority will undoubtedly wish to work alongside the child's Dudley Social Worker, and Team Manager to investigate the allegations.

Concerns and complaints regarding carers approved by Independent Fostering providers, adoption agencies and other local authorities would be dealt with under the procedures of their approving agency.

Carers assessed under the Private Fostering Regulations 2005 do not come within the scope of this document.

6. The Working Together Framework

Working Together 2010 (Appendix 5) and the Safeguarding Children Board procedures make it clear that the framework for managing cases and situations involving those working with children applies to a "wider range of issues than those in which there is reasonable cause to believe a child is suffering or is likely to suffer Significant Harm".[4] This framework should be used in all situations where it is alleged or suspected that a person (i.e. a Foster Carer) who is caring for a child has:

Behaved in a way that has harmed or may have harmed a child;
Possibly committed a criminal offence against, or related to, a child; or
Behaved towards a child in a way that may indicate that s/he is unsuitable to work with children.

It further suggests that there may be up to three lines of inquiry into such issues and that they may occur in tandem, but coordinated by the Chair of any Strategy Meeting or by the Fostering Service Manager depending on the level of seriousness. These are:

A police investigation of a possible criminal offence;
Enquiries and assessment by Children's Services about whether or not a child is in need of protection or services; and
Consideration by the Fostering Service of a review of the Foster Carer's suitability to foster in accordance with the Fostering Regulations.

In addition to the above, inquiries must also include consideration of the remit of the:

Directorate complaints procedures.

With regard to historical information (See Appendix 1) Working Together 2010 (6.40) makes reference to reported cases of historical abuse and concludes that when such cases are reported they should be responded to in the same way as contemporary concerns. In addition, it is also necessary to establish whether or not the person accused is still working with children.

[4] Page 356 Working Together 2010

7. Principles

A number of policy issues and principles underpin these procedures:

The welfare of the child is of paramount importance throughout any enquiries; this includes both their safety and their placement stability;
Decisions about whether or not to remove a child from placement will, as far as possible, be based on a well informed risk assessment which balances the possible risks associated with leaving the child in placement, against those which might arise from leaving the placement abruptly as the result of an allegation. When it is considered necessary to move a child, the move will be timed and planned in a way which minimises the distress to the child being moved and to members of the foster family. No child will be removed from a foster placement without the prior agreement of the divisional manager for fieldwork;
When fostered children are removed from their carers and the Foster Carers are suspended from taking new placements pending the outcome of any investigation, Foster Carers in receipt of a fee will continue to be paid the fee minus the child's fostering allowance for up to 8 weeks. For carers who do not receive a fee the child's allowance will be paid up to the next payment run. The Fostering Service Manager has the discretion to consider the financial aspects of each carer's situation;
Any concern about the quality of care in a fostering household should be investigated fully in a thorough, but fair, timely and consistent manner;
All parties will be treated with dignity and respect;
Contact with carers will be maintained by their linked Supervising Social Worker although it will not be appropriate to discuss the detail of the matter under investigation;
Wherever possible the Foster Carer will be given the opportunity to fully answer concerns and make representations. They will be provided with access to the support of an independent worker;
Any investigation will take place at the lowest possible level compatible with the seriousness of the allegation or concern. The level can be increased or decreased as information, assessment, analysis and conclusions allow;
All matters will be brought to a conclusion including where there is a failure to co-operate or a resignation, albeit that conclusions in these circumstances will be drawn from the information available. So called 'compromise agreements'[5] will not be used. Resignations should be acknowledged but not accepted by the Fostering Panel where there is an ongoing investigation with regards to the foster carers' approval;
If an allegation is substantiated consideration will be given to a referral to the Independent Safeguarding Authority (under the Safeguarding and Vulnerable Groups Act 2006);
Record keeping is a vital part of the process and a clear, comprehensive and accurate account of why decisions or judgments are made must be fully recorded on both the child's and the carers' file. All recording should provide an audit trail;
Unless there is a clear justification (which should be recorded) for not doing so, parents or those with Parental Responsibility will be informed of an allegation, concern or complaint, being made against a Foster Carer within 3 working days of the matter being raised. They will also be informed of the outcome;
Every effort will be made to maintain confidentiality and guard against publicity while any issues are being investigated and assessed.

[5] Working Together 2010 Appendix 5 p358

8. Procedures

8.1 Referral and Initial Response

When a serious concern, allegation or complaint against Foster Carers is observed or reported to the Fostering Supervising Social Worker or a Fostering Duty Officer, they must make an immediate report to the Fostering Service Manager or in their absence whoever is covering. The Fostering Service Manager should immediately liaise with the District Team Manager for the child/ren.

The Supervising Social Worker will commence completion of the 'Record of Allegation, Concerns, Complaints against a Foster Carer' and will update as matters progress. On conclusion of the matter the record should show all the actions taken and the outcome and will be held on the Foster Carer's file.

It is the responsibility of the District Team Manager to then contact the LADO to discuss the information and determine whether the matter is to be dealt with under the Allegations, Concerns, or Complaints procedure.

Where the allegation, concern or complaint against a foster carer is observed or reported to the child's Social Worker or that Social Worker's team, then the allocated Social Worker or the worker in the team should report to their District Team Manager or whoever may be covering in their absence.

The District Team Manager will liaise firstly with the Fostering Service Manager to discuss the issues and gather relevant information re the carers, including any history of similar concerns. They will then liaise with the LADO to determine under which process the matter will be dealt with. It is imperative that discussion with the LADO avoids any undue delay.

When the allegation or concern does not meet the threshold for child protection and relates to possible unsuitability of the carer to continue working in their current capacity the Fostering Service Manager will discuss the issues with the LADO.

If the allegation/concern or complaint is reported to the Emergency Duty Team (EDT) the worker will consult with the manager on call to agree whether immediate action is required, or whether it is appropriate to refer the issue to the day staff. The Manager on call will contact the relevant Service Manager (Fostering, Adoption, Care Management) as appropriate, to inform them of their decision.

If the issue is defined by the LADO as an allegation i.e. the allegation meets the framework outlined in the Working Together 2010 guidance; that the carer has allegedly:

Behaved in a way that has harmed or may have harmed a child;
Possibly committed a criminal offence against, or related to, a child; or
Behaved towards a child in a way that may indicate that s/he is unsuitable to work with children.

Then the Allegation Procedure should be followed.

If the issue is defined as a serious concern the Concerns Procedure will be taken forward by the Fostering Service Manager following discussion with the LADO.

If the matter is defined as a complaint the Dudley Children's Services Complaints Procedure should be followed. If the complainant is a child in care a referral should be made by the young person's Social Worker to the Advocacy Service, for an advocate to support the child or young person in pursuing their complaint.

All complaints, concerns and allegations and their outcomes should be logged onto the 'Chronology of Allegations, Concerns and Complaints' on the Foster Carer's file.

8.2 The Allegation Procedure

The District Team Manager will discuss the allegation outlining the alleged child protection concerns, with their senior manager and must contact the LADO within one working day of receiving the report of the allegation.

A Multi-Agency Complex Strategy Meeting will take place within 72 hours of the receipt of the allegation

The Fostering Service Manager must ensure that Ofsted are notified about the allegation and invited to the Strategy Meeting, and that Fostering Administration are informed on receipt of the allegation in order that SWIFT can be updated to show the date the allegation is received and the nature of the allegation. If in court proceedings, the LADO will identify if the Children's Guardian should attend.

Any Allegations (or Concerns) reported to the LADO are recorded on the LADO Database.

If the child is removed from the placement pending the outcome of the investigation it is very important that the Fostering Administration section is informed immediately so that no overpayments will ensue. However the Fostering Service Manager will confirm the nature of any additional payments to the carers as outlined above. In addition, if the child returns to the placement following the outcome of the investigation, then Fostering Administration must be informed to ensure that payments can be reinstated.

8.3 The Multi- Agency Strategy Meeting

Note - The strategy process in the Child Protection procedures includes all adults working with children / young people including foster carers. Whilst the procedures will therefore be the same, 'Working Together to Safeguard Children' Appendix 5 indicates additional steps which may be necessary due to the unique environments in which foster carers operate.

The purpose of the Strategy Meeting is to consider the need for any action to:

Safeguard the welfare of the child concerned, any other children living in the household, or with substantial contact with the carer(s) including the carers own children;
Arrange for a medical to be undertaken if appropriate.

The following should always be invited:

The child's Social Worker;
The allocated Social Worker's Team Manager;
The worker or manager for any other child currently placed with the carers;
The Fostering Supervising Social Worker;
The Fostering Service Manager;
The Police Child Protection Investigation Unit.

The following may also be invited:

A professional with substantial knowledge of the child, e.g. a health worker or therapist;
A representative from the child's school.

Consideration should also be given to the need for a Social Worker other than the child's Social Worker to be invited. This will be necessary in cases where it is considered appropriate for a worker from another team to conduct any subsequent enquiries/investigation. For example, the Children's Disability Team Social Workers provide support to the child in placement, but also supervision and support to the carer given the complexity of the circumstances. In these circumstances it will be necessary for an independent Social Worker (i.e. independent of the service) to be allocated to investigate any allegation.

The focus of the meeting will be to obtain/clarify the following information:

Clarification of the status of the carers and all the children involved and which agencies or Local Authority have responsibility for them, and whether all relevant agencies have been alerted;
Background information on carers; any previous allegations / outcomes etc;
Background information on child / young person;
Consideration of other children in the carer's home; other looked after children / foster carer's or prospective adopters own children (if appropriate). Will depend on nature of allegation etc;
Consideration of carer's work environment; if they work with children. Again this will depend on the nature of the allegation;
Decide the most appropriate way forward; Section 47 investigation or to be dealt with internally by the Fostering Service, in conjunction with the Care Management team;
Agree what the parent(s) of the child / young person should be told, by whom and when;
Agree whether or not the child (or any other children in the home) should be removed pending the outcome of the investigation;
Whether an immediate referral to Independent Safeguarding Authority is required as set out in the Safeguarding Vulnerable Groups Act 2006.

8.4 Preparation for the Strategy Meeting

In preparation for the Strategy Meeting the Fostering Supervising Social Worker will provide a written report regarding known information on the carers, including:

Whether, (apart from fostering) they work with children in any other capacity
Their approval status and experience,
A summary of any previous allegations, or concerns and the outcomes
Their personal circumstances - ages, members of the household etc

The child's Social Worker will provide a written report on the child/ren outlining their:

Background circumstances;
Any special needs,
Their placement history and any previous allegations and the outcomes.

8.5 Decision of the Strategy Meeting

If the decision of the Strategy Meeting is to initiate a Section 47 Enquiry, the Chair of the Strategy Meeting will:

Agree who should be seen, by whom and when;
Agree what information will be shared with the Foster Carer(s) following the meeting and who should take on this role;
Agree a date to reconvene the Strategy Meeting.

If the decision of the Strategy Meeting is not to pursue a Section 47 Enquiry, the chair of the Strategy Meeting will:

Agree who will raise the issues to be discussed with the foster carer(s) /parents
Consider whether or not it is necessary to reconvene the Strategy Meeting - if not, then the Chair will agree who will advise them of the meeting, in writing, the outcome of any work undertaken with the carer(s)
Agree timescales for reporting back and for sharing information with the carers through an Outcomes Meeting (to which the carer(s) are invited.

8.6 Reconvened Strategy Meeting

As a general principle, any planned reconvened Strategy Meeting should go ahead, even if all the action points of the original plan have not been completed.

The meeting should provide an update of how the investigation is progressing and again agree what information should be shared with the Foster Carer(s) in terms of an update, and who will communicate this to the carer(s).

If there are difficulties in progressing the investigation, the source of these should be clearly identified and any remedial action planned (including if necessary, reporting the delay to senior management within Children's Services and the Police.

Where an investigation takes longer than 8 weeks to complete, the carers' situation should be referred by Fostering Social Worker to the Assistant Director of Children's Services (Social Care) or the designated Senior Manager for a decision on continuing to pay the carer their fee if appropriate.

8.7 Final Strategy Meeting

This is the forum to share the outcome of the investigation:

The meeting should agree what final feedback should be given to the foster carer(s) in writing;
The meeting should agree what written feedback should be given to the child / young person who made the allegation - and who will take responsibility for action planning for the child;
The meeting should also agree what feedback should be given to the parent(s) of the child / young person;
Determine if a referral to the Independent Safeguarding Authority (ISA) is to be made and by whom.

8.8 Following an investigation there are four probable outcomes:

Further police action to be taken; file to Crown Prosecution Service (CPS) etc;
A clearly unsubstantiated allegation (unfounded or malicious);
A substantiated allegation which does not warrant further police action but clearly identifies some practice issues for the carer(s);
No further police action on the basis that there is lack of evidence; e.g. one person's word against another;

The first two of these outcomes are definite, and the feedback to the Foster Carer(s) will be able to reflect a clear decision.

In the case of an unsubstantiated allegation which does not warrant police action, but nevertheless identifies some practice issues for the carer, the final Strategy Meeting could:

Identify the learning points for the carer(s) concerned;
Agree who will undertake this work; timescales and who will advise the Chair, in writing the outcome of the work;
The Chair of the meeting will also agree with strategy group members the wording to record the episode both on the carer(s) file and, if necessary, in conjunction with the investigating police officer, agree the record which will be forwarded to the Criminal Records Bureau and ISA if considered appropriate;
Where the situation is deemed to be one person's word against another, unfortunately, a frequent outcome of an investigation is that the issue remains unresolved as a 'grey area'. In these situations the multi-agency group should make a comment regarding their views as to 'the balance of probability' in respect of the allegation. This will assist the process of providing as full and clear feedback to the Foster Carer(s) as possible as well as aiding Fostering Panel to come to a clear and logical recommendation. In these circumstances consideration may also be given to the police initiating a 'Persons who Pose a Risk To Children' process.

Following completion of an investigation into an allegation the Fostering Service Administration section must be informed to ensure that SWIFT can be updated to show the outcome of the investigation

8.9 Outcomes Meeting

Following each investigation into an allegation, an Outcomes Meeting will be convened (within 15 days of the final Strategy Meeting). This meeting will include the Foster Carers who were subject to the allegation and will advise all participants of the outcome of the investigation and any action arising from it. Carers will be made aware that a report of the investigation and its finding will be prepared for the Fostering Panel, which they will be able to read in advance.

8.10 Foster Carer household review

The Fostering Service Manager will ensure that the Fostering Panel consider the approval of the carer immediately after the ending of a Section 47 Enquiry. Whatever the outcome, a Foster Carer Review should be presented to the next scheduled Fostering Panel. A Foster Carer's review will be convened, chaired by the IRO for Fostering, and a report will be presented to the Fostering Panel within one month of the date of the final Strategy Meeting - for the detailed procedure, see Review of Foster Carers Procedure. A criminal prosecution should not necessarily delay this process; in all likelihood there will be sufficient information and assessment for recommendations to be made. If in doubt consultation with the Fostering Service Manager should clarify matters

The report will address:

The nature of the allegation;
Findings of the investigation including whether or not a report has been forwarded to the CPS;
Whether any concerns remain to be addressed;
The views and experience of the Foster Carer;
A chronology;
Views of the Supervising Social Worker;
Implications for the Safer Caring Agreement;
Training issues;
Any other information relevant to the carer or the child in placement.

The recommendations of the review will be confirmed in writing and a copy of the Foster Carer's review report should be given to the carers at least 14 working days before the Panel hearing. The possible outcomes of the review and recommendations are:

Immediate re-instatement of the carer, if approval and use has been suspended;
Re-assessment of the carer in relation to identified concerns;
Carer remains on hold pending the decision of the CPS;
Carer resigns (will still need to go to Fostering Panel);
The concerns are so serious as to warrant termination of approval regardless of whether the CPS are to prosecute;
Future identified training or development needs;
Reconsideration of the terms and range of approval (variation).

8.11 Fostering Panel

If the carers' wish to make a written response they should submit their response within 7 working days of the date of Panel, so that it can be circulated to Panel Members one week in advance of the Panel date. Carers will be invited to attend Fostering Panel and it is reasonable to expect them to do so following a serious concern or allegation.

The Supervising Social Worker must attend Panel and the child's Social Worker where appropriate. For a serious concern and for all allegations the Chair of the Foster Carer's review will attend. It would be good practice for the Fostering Service Team Manager to attend if termination of approval is being recommended.

Fostering Panel should make recommendations in line with the requirements of the Fostering Services Regulations 2011 regarding the approval status of the Foster Carers. They should also consider whether any referral should be made to the ISA for consideration of inclusion on a list of people considered to be unsuitable to work with children. This is on the basis that the Foster Carer may have had their approval terminated due to misconduct that has harmed a child or put a child at risk of harm, or if they have resigned, they have done so in circumstances that may have led to Panel reaching the same conclusion.

The final decision will be made by the Agency Decision Maker, subject to the normal review process including access to the Independent Review Mechanism (IRM) for Fostering, if a Qualifying Determination[6] is recommended by Fostering Panel. However, access to the IRM for Fostering is precluded if the matter was deemed to be a matter of child protection.

Any signed off extract of the Fostering Panel minutes in respect of the carers should be sent to the LADO to attach to the DSCB Allegations form and to be included on the LADO Database.

The Fostering Service Manager will update Ofsted and will ensure that Foster Carers know what is recorded on their file.

The Independent Reviewing Officer for the child will also be informed of the outcome of the enquiries by the Child's Social Worker.

[6] Regulation 27 Fostering Service Regulations 2011

8.12 Withdrawal of an Allegation

If it comes to light at any stage that an allegation investigated under this procedure has been withdrawn, enquiries are needed to ascertain that the withdrawal is genuine. In all cases the worker for the child must ensure that this information is passed on to the Fostering Service Manager so that a record is made on the carer's file.

8.13 Learning the Lessons

At the conclusion of an investigation and particularly if an allegation is substantiated, the Fostering Service should review the circumstances of the case to determine whether there are any improvements to be made to the organisation's procedures or practice to help prevent similar events in the future. In addition, the LADO Annual Report may also capture any organisational lessons that could be learned. Any learning points identified will then be disseminated to all relevant staff across District Social Work teams, and within Children's Resources.

9. The Concerns Procedure

n.b. These procedures apply to Dudley local authority carers only

9.1 Minor concerns relating to breaches of standards of care

Questions may arise concerning the care provided to a child, or a possible breach of the standards expected of Foster Carers. These may include issues related to discipline methods, standards of care, quality of recording, or level of supervision of a child.

Where a child's Social Worker has initiated the concern, he or she should send a written report summarising the concern, to the Foster Carer's Supervising Social Worker in the Fostering Team with a copy to the Fostering Service Manager.

If the issues raised are defined as minor by the Fostering Service Manager/LADO, they should be dealt with informally and recorded on the Foster Carer's file. In the absence of any further triggers, practice and development issues will be followed up via the normal household review process, through supervision and post approval training. Recording is vital to document and record improved or unmet outcomes.

9.2 Serious Concerns relating to breaches of standards of care

A more rigorous formal approach may be needed following a serious breach of standards, or a number of minor ones which suggest a carer's practice has not improved. Concerns may arise as the result of a single event, observation or accusation, or a number of events which, individually, might not be seen as significant but collectively constitute a serious concern about a carer's standard of practice.

Matters that may require formal consideration of the carer's practice should be reported to the Fostering Team Manager for a decision. If the Manager feels that the issue warrants further enquiries/investigation, they will consult with the LADO and the Divisional Manager (Children's Resources) to seek advice on whether the enquiries should be conducted under this procedure or the Allegation Procedures.

Consideration should at this stage also include and rule out the possibility of the matter being dealt with under the Complaints Procedure prior to a decision being made to use the Concerns Procedure.

The Fostering Service Manager will ensure that Fostering Administration are informed once a concern is received in order that SWIFT can be updated to show the date the concern is received and the nature of the concern.

If the decision is to use the Concerns Procedure, then the Divisional Manager (Children's Resources) will be asked to advise on whether the investigation should be conducted by the carer's Supervising Social Worker, a qualified worker from within the Fostering Service, or commissioned externally.

9.3 Planning Meeting

A planning meeting chaired by the Fostering Service Manager should take place within 72hours of receipt of the Concern. The purpose of the planning meeting is to consider the actions and enquiries which must be made to clarify the concern and facilitate a judgment about the ongoing approval of the Foster Carers.

The following should always be invited to the meeting:

The child's allocated Social Worker;
The allocated Social Worker's Team Manager;
The worker or manager for any other child currently placed with the carers;
The Fostering Supervising Social Worker;
Any nominated Social Worker commissioned to investigate the concern.

The following may also be invited if appropriate

Police representative;
A professional with substantial knowledge of the child;
The person raising the concern (other than the child) .

A Senior Fostering Administrator must be advised once the date for a planning meeting has been agreed (within the appropriate time scale), as they will be required to take the notes of the meeting.

Participants should attend the meeting prepared with relevant information, as the meeting will focus on:

Clarification of the status of the carers and all the children involved and which agencies or Local Authority have responsibility for them, and whether all relevant agencies have been alerted;
Who will be interviewed/consulted;
Background information on carers; any previous concern, complaints or allegations and the outcomes;
Background information on child / young person;
Confirming whether the matter will be dealt with internally by the Fostering Service or commissioned out to an independent Social Worker to make the relevant inquiries, in conjunction with the Care Management team;
What the parent(s) of the child / young person should be told, by whom, and when;
Whether or not the child (or any other children in the home) should be removed pending the outcome of the enquiries;
Whether any further placements be suspended pending the outcome of the enquiries;
What the carers will be told by when and by whom;
Timescales to be agreed and a date of further planning meeting or Conclusions Meeting to be identified;
Confirming who will notify Ofsted of the concerns and the planned enquiries;
Confirming who will notify Fostering Panel of concern.

9.4 Informing the Carers

Once there is agreement that further enquiries should be made, the Fostering Service Manager will inform the carer in the carer's preferred language within 3 working days of receipt of the concern unless to do so would prejudice enquiries. The following information should be given both verbally and in writing:

Reasons for the enquiries;
The process of the enquiries and anticipated time-scales;
Contact details for the worker who will be conducting the enquiries;
The names of those likely to be asked for their views;
How the views of the children placed with the carer and their parents will be sought;
What arrangements will be made for supervision during the investigation;
The arrangements for independent support and carer's entitlement to independent support during interviews;
Where appropriate and following consultation with the Divisional Manager Children's Resources whether the carer is suspended from taking further placements during the enquiries and any financial arrangements made as a consequence;
The planned date for a Conclusions Meeting.

9.5 Planning Enquiries

The worker conducting the enquiries will:

Have access to the carer's file;
Establish clarity about the causes for concern before making arrangements to interview the carer(s) and their Supervising Social Worker;
In conjunction with the Fostering Service Manager identify those, whose views should be sought as part of the enquiries.

The following should always be consulted/interviewed:

The carer;
The carer's Supervising Social Worker;
Any Social Worker of any child placed;
Any child or adult who has reported the concern.

Other possible sources of information might be:

Placed or formerly placed children;
Workers of formerly placed children;
Other members of the carer's household;
Team Managers for placed children;
Parents of placed, or formerly placed, children;
Other professionals involved with the child;
Other professionals involved with the carer or their household.

The allocated Social Workers of children placed, or who were placed with the carers should be contacted to establish how the views of children and parents can best be obtained. In some circumstances, it may be appropriate for the children or parents to be interviewed jointly by the child's Social Worker and the investigating worker.

9.6 Conducting Enquiries

The Fostering Service Manager should coordinate the progress of the enquiries and ensure timescales are met. They should also ensure that the carer and if agreed, the LADO are kept informed about progress.

All records and written statements should be dated and signed and a copy given to the carers. If exceptionally, information has to be withheld from the carer then the Service Manager should record this fact and inform the carer that privileged information has been withheld.

9.7 Carer(s) Resignation

If a carer wishes to resign or transfer to another Fostering Service during an investigation or before a decision on approval has been made, they should be informed that this Fostering Service will disclose the fact that they are subject to enquiries under the Concerns Procedure and the anticipated time-scales for completion, to any new fostering service considering their application.

If the carer refuses to co-operate with enquiries, the Fostering Service Manager should inform the carer in writing that a record of the information available will be placed on file and invite the carers to respond. It should be explained that details of the enquiries made and conclusions reached will form part of the reference for any future involvement with children.

A review of approval should be conducted. All efforts should be made to notify the carer of these developments and to give them copies of reports and papers prepared for Panel. Carers should be given a minimum of 7 days in which to make a written response prior to the Panel hearing. Any written response received should be submitted to Panel members not less than one week prior to Panel.

9.8 Concluding Enquiries

Enquiries should normally be completed within 4 weeks of commencement and a draft report prepared for the Conclusions Meeting.

A copy of the report should be given to the carer(s) in person and its contents discussed with them 14 days before the Conclusions Meeting. Carers should be invited to make a written response for the meeting /record within 7 working days.

9.9 The Conclusions Meeting

The Fostering Service Manager should convene a meeting to discuss the draft report and any reports submitted by the carer. Once the date for this meeting has been set a Senior Fostering Service Administrator must be informed as they will be required to make a written record of the meeting, which will then be provided to the carer

The following should be invited to attend:

The carer;
The carer's Supervising Social Worker;
The workers for all children in placement;
The Social Worker who undertook the enquiries.

The purpose of the meeting is to confirm the accuracy of the report, review its findings, allow the carer full opportunity to respond and to reach conclusions about any further action necessary. Actions might include:

Recommendations about further training or guidance for the carer;
Recommendations about the carer's practice;
Recommendations about future approval terms, termination of approval and/or referral to the ISA;
Further risk assessments or a risk management plan;

9.10 Foster Carer Household Review

The Fostering Service Manager in consultation with the IRO for Fostering will agree a date for a foster home review to be undertaken and the report placed before Fostering Panel - for the detailed procedure, see Review of Foster Carers Procedure.

A review of approval should be completed within 4 weeks of a Conclusions Meeting.

The Fostering Service Manager is responsible for ensuring that carers understand the nature, purpose and scope of the review, and for identifying the person who should provide the appropriate information to the IRO if this is not the person who was commissioned to undertake the enquiries into the concerns.

It is important that a full picture of the carer's fostering career is obtained, and their strengths and positives noted, as well as the circumstances giving rise to the review. However the presentation of the review to Panel should not be unduly delayed by difficulties in obtaining the views of children's workers or other sources of information.

Indeed most of the information required for the review should have already been collated however the Reviewing Officer conducting the meeting will need to specifically address and make recommendations about:

Suitability and competence of the carer;
Appropriate approval terms;
Any training and development needs or other assistance identified as necessary;
The support provided to the carer;
Suggestions about areas of practice that need to improve.

9.11 Fostering Panel

Immediate re-instatement of the carer, if approval and use has been suspended;
Re-assessment of the carer in relation to identified concerns;
Carer remains on hold pending the decision of the CPS;
Carer resigns (will still need to go to Fostering Panel);
The concerns are so serious as to warrant termination of approval regardless of whether the CPS are to prosecute;
Future identified training or development needs;
Reconsideration of the terms and range of approval (variation).

The carers should be invited make a written response within 7 days. All written submissions by carers should be sent to Panel members one week before the Panel meeting. Carers will be invited to attend Fostering Panel and it is reasonable to expect them to do so following a serious concern or allegation.

In a situation where carers have offered their resignation they should still be invited to Panel and full information should be presented, to enable Panel to reach an informed recommendation and record their decision making. Fostering Panel should make recommendations in line with the requirements of the Fostering Service Regulations 2011 regarding the approval status of the Foster Carers.

The final decision will be made by the Agency Decision Maker, subject to the normal review process including access to the Independent Review Mechanism (IRM) for Fostering if a Qualifying Determination is recommended by Fostering Panel [7].

Any extract of the signed Fostering Panel minutes in respect of the carers should be sent to the LADO and will be included on the LADO Database.

Following the final decision, the Fostering Service Manager will update Ofsted and will ensure that Foster Carers know what is recorded on their file. The LADO will also be advised of the final outcome for recording purposes.

[7] Regulation 27 Fostering Service Regulations 2011

9.12 File Management and Recording

The Fostering Service Manager should ensure that all appropriate documents and in particular a fully completed 'Record of Allegation, Concerns, Complaints against a Foster Carer', endorsed and approved by them, and the Divisional Manager is placed on the carer's file. The Fostering Service Manager will confirm that no confidential information concerning third parties is left on the carer's file. If the third party information concerns the child and the placement is continuing, it should be filed with the other papers relating to the child for removal at the end of the placement.

In addition, the Fostering Service Manager will ensure that Fostering Admin are informed following completion of an investigation into a concern to ensure that SWIFT can be updated to show the outcome of the investigation.

The Fostering Service Manager will, in discussion with the carer's Supervising Social Worker, consider the support needs of the carer and family, and make arrangements for this to be provided where appropriate.

If plans for the carer to undertake further training, or a risk management plan, were recommended, the Fostering Service Manager should, in conjunction with the carer's Supervising Social Worker, discuss how compliance with the plan will be recorded, monitored, and Panel and the Agency Decision Maker updated where appropriate.

The Fostering Service Manager should also ensure that the Team Manager/(s) for the child(ren) concerned are informed.

The Team Manager(s) for the child(ren) will ensure that the records contained on the child's file are accurate and complete, that the outcome is recorded and that any confidential information concerning the carer is removed. The Team Manager(s) for the child(ren) will also consider how the child should be informed about the outcome, whether therapeutic or other support is needed, and if appropriate liaise with the Complaints Officer about any outstanding complaints.

The Registered Manager (Divisional Manager for Children's Resources) will monitor the process and outcome of all investigations under the Allegations and Concerns procedures, as required under Regulation 36[1] Schedule 7 of the Fostering Services Regulations 2011.

9.13 References and CRB checks

Carers should be informed that information about any investigation under the Allegations or Concerns procedures will be disclosed as part of a reference for future work with children in any capacity. If the matter was dealt with under the Allegations Procedure it may also be disclosed in the course of a CRB check. Carers will want to ensure that records are accurate, fair, and include their own views.

9.14 Appeal using the Directorate Complaints Process

In practice and in certain circumstances carers may use the Directorate of Children's Services Complaints Process to challenge an Agency Decisions Maker's decision. This would in all likelihood be if:

The carer asserts that the process and procedure followed was fundamentally flawed; for example the investigative process, the household review process or the Panel process was not followed;
There was significant inaccuracy in the information relied upon to reach the Panel recommendation and agency decision.

In terms of due process the Agency Decision Maker must review the decision in the light of any findings arising from the Directorate Complaints process. The Directorate of Children's Services Complaints Team will be able to advise further on this process.

In circumstances where a Dudley carer's approval is terminated but they reside in another local authority, or if a child from another local authority is placed with the carers, that local authority should be notified with the reasons, as set out in the written notification to the foster carers.

Appendix 1: Historical Abuse

Adults and young people occasionally disclose experiences of abuse which constitutes significant harm after a period of time has elapsed and/or when they reach adulthood.

Organisational responses to historical allegations by a young person or an adult of abuse experienced as a child/young person must be of as high a standard as a response to current abuse because:

There is significant likelihood that a person who abused a child/ren in the past will have continued and may still be doing so:
Criminal prosecution may be possible if sufficient evidence can be carefully collated.

Response

When an adult/ young person discloses childhood abuse, the professional receiving the information should record the discussion in detail. If possible, the professional should establish if the adult/young person has any knowledge of the alleged abuser's recent or current whereabouts and contact with children/young people.

In view of the potential continuing risk the alleged abuser may pose to children/young people, the professional should make a referral to Children's Social Care

The Social Worker receiving the referral should seek sufficient information to develop a chronology, and all records must be dated and the authorship made clear.

If information about the current whereabouts of the alleged abuser has not yet been gathered, Children's Social Care should establish this as a matter of urgency.

The adult/young person who has disclosed should be asked whether they want a police investigation and must be reassured that the police are able and willing to progress an investigation even for those adults/young persons who are vulnerable as a result of mental ill health or learning difficulties.

Children's Social Care should reassure the adult that, even without their direct involvement, all reasonable efforts will be made to investigate the alleged abuse. Children's Social Care should support the adult to access therapeutic or other services, as appropriate.

The Social Worker should:

inform the police at the earliest opportunity and establish if there is any information regarding the alleged abuser's current contact with children, irrespective of the wishes of the victim as to whether a police prosecution should take place;
Inform their Divisional Manager if the adult/young person who has disclosed requests a police investigation or if the allegations involve organised and complex abuse (police involvement in an investigation will depend on a number of factors, including the victim's wishes and the public interest);
Initiate section 47 enquiries if the alleged abuser is known to be currently caring for children or has access to children. This must include making a referral to Children's Social Care in the area where the alleged abuser is currently living.

Where an adult/young person alleges abuse in childhood in a different local authority area, the case should be transferred to agencies in the area where the abuse is alleged to have taken place. Parallel enquiries may be needed if the alleged abuser has contact with children elsewhere. The co-ordinating LA Children's Social Care should be the one responsible for the geographical area where the abuse is alleged to have taken place.

Where the abuse is alleged in a former children's home or residential school, the responsible LA Children's Social Care should be the local authority responsible for running the establishment concerned, irrespective of where the children's home or residential / boarding school is / was located.

It is important that there is effective communication about roles and responsibilities between agencies in such circumstances. See Government guidance Complex Child Abuse Investigations: Inter-Agency Issues (Home Office and DH, 2002).

The responsible police service for investigation will be the one covering the area where the alleged abuse is said to have taken place.

End