3.1.2 Private Fostering

AMENDMENT

The definition of 'close relative' in Section 1, Definition was updated in December 2010.

Practitioners can find all Private Fostering Forms on Dudley's 'O' Drive.

Definition
Notifications to the Local Authority
Action to be taken on Receipt of Notification
Initial Visit to Foster Carers
Assessment of Foster Carers
Imposing Requirements on Foster Carers
Limit on Number of Children
Non-compliance with Requirements
Prohibition and Disqualification
Visits to the Foster Home - Frequency, Purpose and Records
Review of Foster Carers
Local Authority Foster Carers who Privately Foster
After the Placement
Death of a Privately Fostered Child

1. Definition

A privately fostered child is a child under 16 (or 18 if disabled) who is not cared for by a close relative and where the child is to be cared for in that person's home for 28 days or more.

Close relative is defined as "a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent."

A child who is Looked After by a local authority or placed in any residential home, hospital or school is excluded from the definition. In a private fostering arrangement, the parent retains Parental Responsibility.

2. Notifications to the Local Authority

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.

Notifications should be made in writing and sent to the social work team for the area where the foster carer lives. If the private foster carer is making the notification they should complete form PF1 which gives details about themselves and their household. they should also complete form PF1 (a), which records information about the child or young person who they will be privately fostering and their needs. The parents or those with parental responsibility should complete form PF1 (b), which gives information about their child/ren, who the child/ren will be living with and personal information about themselves.

Where no prior notification of a placement is given, private foster carers must notify the local authority of the placement immediately.

If a third party is involved in arranging for a child/ren to be privately fostered for example, an educational institution, then they must complete form PF1 (c)

Completion of these forms will provide the following information:

The name, gender, date and place of birth of the child
the racial origin, cultural and linguistic background and religion of the child
The names and address of the person giving the notice and any previous address within the last five years
The name and addresses of the child's parents and any previous addresses within the last 5 years
If different, the name and address of the person from whom the child was or is to be received
The name and address of the private foster carers and any previous addresses within the last 5 years
The name and address of any other person who is involved in making the arrangement
The name and address of any siblings of the child who are under 18, and the current arrangements for their care
The purpose and likely duration of the arrangement
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, a declaration of their suitability should be completed (form PF2) which must record:

Any offence of which he/she or any other member of the household has been convicted
Any disqualification or prohibition (see Section 9 below) 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 notifications must also be made to the local authority by the foster carer within 48 hours of any change in circumstances for example a change of address, a change in the household, a criminal conviction/disqualification or prohibition (see Section 8, Non-compliance with Requirements) in relation to any person in the household or any intention to foster another child privately. Any change in circumstances should be recorded on form PF5 by the private foster carer.

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 notify the local authority in writing of the arrangement immediately and must inform the parent and private foster carer of their intention to do so.

3. Action to be taken on Receipt of Notification

When notification or information is received from any source that a child is privately fostered, this information must be passed to the social work team for the area where the privately fostered child resides.

The notification will be recorded on a 'Referral and Information' record.

An Initial Assessment will be undertaken to determine whether the arrangement is a private fostering arrangement and this assessment must be recorded on the 'Initial Assessment' form.

If it is confirmed that the arrangement is Private Fostering a social worker will be allocated to carry out the private fostering assessment within 1 week of the notification.

4. Initial Visit to Foster Carers

During the initial visit, the social worker should:

Explain the assessment process
Obtain the written consent of the foster carer and all members of the household over 16 to checks being made with the Criminal Records Bureau (CRB) and ask the foster carer for the names of 2 personal referees. On of these references MUST be provided by someone in a professional position who knows the carers well enough to comment meaningfully, on their suitability to care for someone else's child as a private foster carer.
Establish the foster carer's child care experience, access to support and views and intentions regarding behaviour management of the child
Establish the plans for contact between the child and his or her parents

In the event of a refusal of any person to cooperate with the making of the necessary checks, the social worker should advise the foster carers that they cannot be recommended as suitable and advise the parents of the reason why alternative arrangements will have to be made for the child. Any action required by the local authority to secure the child's safety should be considered and legal advice sought as necessary.

If the initial visit takes place after the child's placement, the social worker should also:

Ensure that the parents have fully informed the foster carer of the child's medical history and any current need for ongoing professional monitoring and medication, and has handed the child's personal child health records to the foster carer;
Encourage the foster carers and the child's parents to complete the private fostering written agreement form PF4 outlining their respective expectations and responsibilities in relation to the fostering arrangement including the contact arrangements;
Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the foster home;
Ensure that a school place has been arranged for the child if of school age
Ensure the parent provides the 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;
Advise the foster carer to arrange a medical examination of the child with the GP as soon as practicable after the start of the placement.

5. Assessment of Foster Carers

The full assessment of the private fostering arrangement which must be concluded within 42 days, will include assessment of the suitability of the private foster carers or proposed private foster carers, and will be recorded on form PF3. and will include the following:

Visit the foster carers in the home where the child is to live and speak to them and all members of the household.
Visit and speak to the child, alone unless the social worker considers it inappropriate to do so
Speak to and if possible visit the parents
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,
Ascertain the wishes and feelings of the child about the private fostering arrangement
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
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;
Encourage the parents and the private foster carers to complete the private fostering agreement form PF4 outlining their respective expectations and responsibilities in relation to the fostering arrangement including financial arrangements and the child's contact with his or her parents and other significant family members;
Where the child has already been placed, ensure that the child's 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
Where the child has already been placed, check that the financial matters are in order and the contact arrangements are working
Notify the relevant health and education agencies of the child's placement or proposed placement including the health visiting service where appropriate;
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.

Advice can be sought from the Fostering Service if required.

The suitability report (PF3) must be endorsed by the social worker’s Team Manager and forwarded to the Divisional Manager to be signed off. Written confirmation must be added to the file. The report should then be forwarded to the fostering panel for notification.

Review of the arrangement will take place annually and recorded on form PF8, this review must be endorsed by the Team Manager, and forwarded to the Area/Service Manager for approval. The first review must be forwarded to the Fostering Panel for information.

The social worker undertaking the assessment must arrange for checks on the foster carer, all members of the household and frequent visitors over 16 to be made with the Criminal Records Bureau (CRB). Review and Commissioning Section in the Directorate of Children's Services and any other local authority if appropriate.

These checks should be commenced either before the arrangement begins, or if the young person is already resident with the private fostering applicant then the CRB form should be handed to the applicants at the FIRST visit for completion. If possible the social worker should assist the applicants in completing the form at that visit. The completed forms and supporting documentation should be returned to the social worker within 7 days of receipt of processing.

On receipt of the CRB clearances and checks, form PF3 (a) should completed and endorsed by the social worker and their Team Manager. The social worker should also record on file receipt of two written personal references (one of which will be from a professional person) and arrange to visit the personal referees.

The assessment will consider the following:

The suitability of the foster carer and all members of the household
The suitability of the accommodation

Once the report has been signed off by the Area/Service Manager, a copy should be forwarded to the Fostering Panel for notification and to be held centrally.

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 their Team Manager for such assistance to be given.

If, at any stage of the assessment of the foster carers, information is obtained which suggests that a child already placed with the foster carer may be a Child in Need, the manager may authorise a Core Assessment to be carried out alongside the assessment of the foster carer - see Initial and Core Assessment and Planning Procedures.

If any information comes to light during the course of the foster carer assessment, for example as a result of the Criminal Records Bureau (CRB) checks, which may preclude the person from fostering a child, the social worker should prepare a brief report to the Team Manager. Immediate consideration should also be given to the arrangements for the child and if necessary the Dudley Safeguarding Children Procedures should be followed.

See Section 9, Prohibitions and Disqualification.

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, for example, under the Dudley Safeguarding Children Procedures, and legal advice should be sought as necessary.

6. Imposing Requirements on Foster Carers

Where appropriate, reports to the Team Manager can include recommendations for requirements to be imposed on the foster carers, for example to restrict the approval to an individual child or to limit the number, age or gender of children who may be cared for privately. Requirements may also relate to the standard of accommodation, health and safety matters and/or practical matters such as equipment. A requirement may include a time-scale within which the foster carer must take the necessary action.

A requirement may be varied, removed or added at any time.

Any requirements imposed must be specified in writing, together with reasons. Written notice of any requirements imposed, together with the reasons, will be sent to the foster carer and to the parent by the social worker responsible for the assessment.

7. Limit on Number of Children

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 Divisional Manager. The application must contain the following information:

The number, names and ages of the children
The proposed arrangements for the care and accommodation of the children
The intended and likely relationship between the children and the foster carers
The proposed length of the placement
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.

8. Non-compliance with Requirements

Where requirements which have been imposed are not complied with, the social worker must consider whether support should be provided to ensure compliance and/or consider whether to report further to the Team Manager recommending that the foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out in Section 9, Prohibition and Disqualification must be followed.

9. Prohibition and Disqualification

9.1 Disqualified Persons

Definition

Certain people are disqualified from fostering privately. A disqualified person must not act as a private foster carer unless he/she has disclosed the fact of his/her disqualification to the local authority and obtained their written consent.

Children Act 1989 S68
The Children Act 1989 Guidance and Regulations Vol 8 para 1.6.5-1.6.7

A person is disqualified if:

he/she has been convicted of any of the offences set out in paragraphs 1.11-13 below
any of the court orders set out below have been made with the purpose of removing a child from his/her care or of preventing a child from living with him/her, or
he/she has been issued with a prohibition, a refusal of registration or a withdrawal of registration in any of the circumstances set out in section 9.4, Offences which Disqualify

The Children Act 1989 Guidance and Regulations Vol 8 para 2.4

Anyone who lives in the same household as a disqualified person, or who lives in a household in which a disqualified person is employed becomes a disqualified person. In this case the disqualification lasts only for as long as she/he is living in the household as that person is living or working.

Children Act 1989 S 68 (3)

9.2 Lifting, and refusing to lift a disqualification

The Directorate has a discretionary power to lift a disqualification and allow a disqualified person to foster privately. This power should be used only in the most exceptional of circumstances.

Children Act 1989 S 68 (1)
The Children Act 1989 Guidance and Regulations Vol 8 para 2.4-2.10

If a disqualified person asks for a disqualification to be lifted, the social worker will write a report setting out the circumstances in which the disqualification was incurred and the reasons why the Directorate should or should not consider lifting it. The report must be submitted to the Assistant Director.

The Assistant Director will consult Legal Services before deciding to lift, or not to lift the disqualification. He/she will then notify the disqualified person in writing of the decision.

If the Assistant Director's decision is that the disqualification should not be lifted, the notification must state:

the reason for the refusal
that the applicant may appeal to the Family Proceedings Court against the refusal, and
that the time limit for submitting an appeal is 14 days from the date of receiving the notification.

9.3 Fostering whilst disqualified

If a disqualified person is fostering privately in circumstances which cause concern for the child's welfare, the social worker will attempt to contact the child's parents and explain the nature of the concern. If the parents cannot be contacted, or if they fail to take action to safeguard the child, the social worker and team manager will immediately consider whether the situation should be dealt with under the Safeguarding Children Procedures.

If there is no immediate concern for the child's welfare, the social worker will notify the foster carer that she/he is a disqualified person and invite her/him to apply to the Directorate for the disqualification to be lifted.

It is an offence to foster a child privately whilst disqualified. If the social worker and team manager feel that a prosecution should be considered, they will notify a senior divisional manager, who will consult Legal Services and if appropriate, initiate the proceedings.

Children Act 1989 S 70

9.4 Persons Disqualified from being Private Foster Parents

to follow

9.5 Prohibition

If a person is fostering a child privately, or proposes to foster a child privately the local authority may prohibit him/her from private fostering if it believes that:

he/she is not a suitable person for foster a child
the premises in which the child is being, or will be accommodated are not suitable, or
it would be prejudicial to the welfare of the child for him/her to be or to continue to be accommodated by that person in those premises.

Children Act 1989 S 69 (1), (2) The Children Act 1989 Guidance and Regulations Vol 8 para 1.8.22-1.8.29

If there is immediate concern for a child's safety, the social worker and team leader should initially act as required by the Safeguarding Children Procedures and consider issues relating to the possibility of prohibition only when any necessary action has been taken to protect the child's welfare.

A prohibition may prohibit the person from privately fostering:

any child in any premises in the local authority's area
any child in specified premises, or
a specified child in specified premises

Children Act 1989 S 69 (3)

A local authority may impose a prohibition at the same time as imposing a requirement. This means that the authority imposes a requirement, setting a time limit for compliance, and a prohibition if the person does not comply within that limit.

Children Act 1989 S 69 (5), (6)

If the social worker and team leader feel that a prohibition should be imposed, the social worker will write a report setting out the reasons why this action seems justified. In writing this report the social worker should be aware that if the prohibition is imposed, the person also becomes disqualified. This will impose a lifetime ban on his/her involvement in private fostering, childminding, the provision of private or voluntary day care or the provision of a private or voluntary children's home. The report should therefore state clearly why prohibition is felt to be necessary. The social worker will submit the report to the appropriate Divisional manager with a draft letter to notify the person of the prohibition. The Divisional manager may consult Legal Services before deciding on the issue. If the Divisional manager accepts that a prohibition should be imposed, he/she will sign and send the letter.

A prohibition must be imposed by a notice in writing stating:

the reason for imposing the prohibition
that the person may appeal to the Family Proceedings Court against this decision, and
that the time limit for appeals is 14 days after receiving the notice

Children Act 1989 S 69 (7)

While a person is prohibited from private fostering, the Directorate may cancel the prohibition if it no longer seems justified. If the social worker and team manager feel that a prohibition should be cancelled, the social worker will prepare a report setting out the reasons for this recommendation. This report should be submitted to an appropriate Divisional manager with a copy of the report on which the decision to impose the prohibition was based. If the Divisional manager accepts the recommendation, the social worker will draft a letter to the person concerned stating that the prohibition is lifted. The letter should however, state that the person remains a disqualified person and must notify the local authority of this, and obtain specific written permission before becoming involved in private fostering, childminding, the provision of private or voluntary day care or the provision of a private or voluntary children's home.

Children Act 1989 S 69 (4) The Children Act 1989 Guidance and Regulations Vol 8 para 1.8.28

It is an offence to foster a child privately while prohibited from doing so. If the social worker and team manager feel that a prosecution should be considered, they will notify the relevant Divisional manager, who will consult Legal Services and, if appropriate initiate the proceedings.

9.6 Appeals

Appeals may be made to the Family Proceedings Court against any of the following actions of the local authority

imposition of a requirement
refusal to lift a disqualification
imposition of a prohibition
refusal to cancel a prohibition.

Children Act 1989 Sch 8 para 8 (1)

An appeal must be made within 14 days of receiving notification of the decision, which is the subject of the appeal.

Children Act 1989 Sch 8 para 8(2)

If the appeal is against a requirement, the requirement will not come into effect until the appeal is heard.

Children Act 1989 Sch 8 para 8(3)

On hearing an appeal the court may:

uphold the decision
vary a requirement
allow more time for compliance with a requirement
cancel a requirement or prohibition
lift a disqualification
cancel a prohibition and impose instead requirements and a prohibition, which will come into effect only if they are not complied with by a specified date.

Children Act 1989 Sch 8 para 8(4)

On receiving information that an appeal against a Directorate is likely, the social worker must notify Legal Services without delay.

10. Visits to the Foster Home - Frequency, Purpose and Records

10.1 Frequency

Visits by the social worker must be made to the child and the foster carer at the foster home within one week of the placement (or one week of the date when notification was received, if later) and then every six weeks in the first year. In subsequent years, visits must be at least three monthly. The need to visit more frequently must be considered depending on the circumstances and the need to visit unannounced and/or to choose times when all members of the household are likely to be present should also be considered.

Additional visits should be arranged at the request of the child, parent or the private 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.

10.2 Purpose

The purpose of and matters to be discussed at the first visit after the child's placement are set out in the procedure in Section 4, Initial Visit to Foster Carers. The overall purpose of all visits is to encourage the maintenance and improvement of child care standards and check that the child's needs are met within the foster placement and in particular:

To observe the overall standard of care including visiting the child's bedroom and 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
To speak to and ascertain the wishes of the child
To review the purpose and likely duration of the placement and ensure that arrangements with the parents are working. The parent and the foster carer should be encouraged to plan the ending of the placement and prepare the child for the change.
To check that any requirements imposed are being met and check whether they need to be changed or cancelled
To ensure that the arrangements for the child's education are satisfactory
To check that the financial arrangements for the care of the child are working
To advise or arrange advice for the foster carer as necessary, for example in relation to the maintaining of the child's links with his or her cultural heritage or in relation to appropriate travel arrangements for the child visiting family abroad.
To ensure that the child remains registered with a GP and dentist and that any necessary health care has been provided to take account of any special health needs
To ensure that the child has access to services as required as a result of any disabilities
To enquire as to the contact arrangements for the child with the parents and siblings
To encourage the foster carer to keep a record of the child's development, including accidents, illnesses, immunisations, school reports, achievements and any contact with parents or significant others

10.3 Reports on Visits

A written report recorded on form PF6 on every visit must be made by the social worker. The report must state whether the child was seen and if so, whether the child was seen alone. If the child was not seen, the reasons must be recorded. The record must comment on the child's welfare and how the placement is progressing including any views expressed by the foster carer and the child. It must also contain a recommendation about the continued suitability of the fostering arrangement and whether any action should be taken and/or requirements should be imposed on the foster carer.

The report must be reviewed and signed by the manager, and placed on the child's file.

10.4 Unsatisfactory care

Where there are concerns about the child's care, the parents should be advised and consideration should be given to invoking the Assessment Framework and/or the Dudley Safeguarding Children's Procedures.

11. Review of Foster Carers

The suitability of the foster carer should be reviewed annually by the social worker and recorded on form PF8 in a written report which must be endorsed by the Team Manager and approved by Area/Service Manager.

12. Local Authority Foster Carers who Privately Foster

Where local authority foster carers notify their intention to privately foster a child, the above procedure should be followed. In these circumstances, a family placement worker will normally carry out the assessment.

The foster carers should be advised of the differences between their two roles.

Consideration will need to be given to the implications for any looked after child already placed with the foster carer and contact should be made by the family placement worker involved with the social workers for such children. Consideration should also be given to the future placement of any looked after children particularly having regard to the usual fostering limit of three children.

13. After the Placement

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.

A child who has been privately fostered after the age of 16 falls within the definition of a Qualifying Young Person for the purposes of the Leaving Care procedures.

See Leaving the Looked After Service Procedures.

14. Death of a Privately Fostered Child

Where a privately fostered child dies, the social worker must visit the foster carers to offer support and assistance in notifying the parents.

Consideration should also be given to whether there are any safeguarding issues and whether to invoke the Safeguarding Children Procedures

End