18.4 Private Fostering

The legislation relevant to private fostering is set out in Schedule 8 (para 9) of 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 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, legal step parent (including civil partnerships), sister or brother where the child is to be cared for in that person's home for 28 days or more.

The period for which the child is cared for and accommodated by the private foster carer should be continuous, but that continuity is not broken by the occasional short break. Exemptions to the definition are set out in Schedule 8 (paragraph 9) of the Children Act 1989.

Where a child is to be cared for within a private fostering arrangement the local authority must be notified in writing at least 6 weeks before an arrangement begins. Where no prior notification of the private fostering arrangement is given, private foster carers must notify the local authority of the arrangement immediately (within 48 hours, if the private fostering arrangement is made in an emergency).

If any agency becomes aware of a child who may be privately fostered, they must inform Children’s Social Care. All referrals regarding potential private fostering arrangements must be made to Sefton Children's Help & Advice Team (CHAT) (Telephone. 0151 934 4013) stating that this is a potential private fostering arrangement.  

The person making the referral should be asked to provide as much of 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 private foster carer giving the notice and any previous address within the last five years if known;
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 living with;
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 private fostering 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 private fostering arrangement;
10. The intended date when the child is to be placed with the private foster carers or the date when the private fostering arrangement began.

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

1. Any offence of which the private foster carer(s) or any other member of the household has been convicted;
2. Any disqualification or prohibition placed on the private foster carer(s) or any other member of the household;
3. Any actions taken or orders made in relation to the private foster carer(s) 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 private fostering arrangement has ended, the social worker should ascertain the name and address of the person now caring for the child and their relationship with the child.

Parents also have a duty to notify the local authority in writing of the ending of the private fostering arrangement 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 Sefton Children's Help and Advice Team (CHAT) of the arrangement via telephone referral or writing and must inform the parent and private foster carer(s) of their intention to do so.

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

1. Parent/s and child are in conflict
2. Parent/s entering custody
3. Parent is ill or has died
4. Child/ren living with their parent’s partner (they are not legally married) and the parent is absent
5. Child/ren living with a family of a boyfriend or girlfriend
6. Child/ren sent to this country for education or health care by parents who live overseas
7. New school admission application for a child (residing with a non-family member)
8. New registration with a GP practice
9. Child has become estranged from their parents
10. Child/ren staying with another family due to parents’ divorce, separation and/or bereavement
11. Child/ren supported under Homes for Ukraine Scheme

When notification or information is received from any source that a child is privately fostered, this information must be passed to Children’s Social Care where the privately fostered child resides – if in Sefton via CHAT.

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 in which case the reason would be recorded and brought to the attention of the Team Manager for their oversight
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 Cared for Child 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 is already living with the private foster carers, 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 is already living with the private foster carer, check that the financial matters are in order and the contact arrangements are working;
11. Notify the relevant 0 – 19 health and education agencies of the child's private fostering arrangement or proposal to become privately fostered 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 complex physical, learning or health 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 about private fostering;
2. Obtain the written consent of the private foster carer and all members of the household over 16 to enable enhanced safeguarding checks to be made with the Disclosure and Barring Service (DBS) and local authority; and ask the private foster carer for the names of 2 personal referees;
3. Establish the private foster carer's childcare experience, access to support and views and intentions regarding behaviour management of the child;
4. Establish plans for contact/family time 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. Establish if there are any pets within the home and complete a pet questionnaire;                                                                  
7. 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:

1. Maintaining the child's medical history;

1. Keeping a file of school reports;
2. Noting dates of contact with the parents and significant others;
3. Maintaining a financial record;
4. Noting dates of contact with Children's Services;
5. Keeping a photograph album to capture the child’s life journey

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 has already been living with the private foster carers, 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 private fostering arrangement

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

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 safeguarding checks to be undertaken in respect of the private foster carer(s), all members of the household over 16 and frequent visitors over 16 to be made with the Disclosure and Barring Service (DBS) and Children's Social Care records (including local authority areas for the areas of any previous addresses). The social worker should also seek two personal written references and arrange to visit the personal referees.

The assessment will consider the following:

1. The suitability of the private foster carer(s) and all members of the household;
2. The suitability of the accommodation.

The private fostering assessment should be presented to the respective Children’s Social Care Team Manager for oversight and subsequently to the Head of Service for final oversight and authorisation. If the Head of Service is satisfied that 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 Head of Service  Written notice of the decision must include any requirements, exemptions or prohibitions imposed – see Section 7 - Imposing Requirements on Private Foster Carers and Section 8 – Limit on number of children and Section 9 – Prohibition and Disqualification.

If any information comes to light during the course of the private fostering assessment; for example the outcome of Disclosure and Barring Service checks which preclude the person from fostering a child; the social worker should prepare a report for their line manager and Head of Service attention, Immediate consideration should also be given to the arrangements for the child (and any other relevant children) and if necessary child protection procedures should be followed. See Section 9 – Prohibition and Disqualification 

If, at any stage of the assessment of the private foster carers information is obtained which suggests that the child already placed with the private foster carer may be a child in need, the manager may authorise services under a child in need plan and/or a child and family assessment to be carried out alongside the private fostering assessment.

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 Safeguarding Children Partnership 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. Financial support by the local authority to sustain or otherwise satisfactory private fostering arrangement may be considered and where appropriate the social worker must see the approval of the relevant Head of Service for such assistance to be given.

If approval in principle is given, the social worker should arrange for the private foster carers to complete a financial assessment.

Once the completed financial assessment form has been received, it should be sent to the relevant Head of Service for the calculation to be completed and the level of support agreed. The Head of Service will confirm the amount of financial support in writing to the private foster carers once the financial assessment is complete.

Any agreed payments should be part of a child in need plan with review built in.

Where appropriate reports to the Head of Service can include recommendations for requirements to be imposed on the private foster carers; for example; to restrict the approval of an individual child or to limit the number, age, gender of children who may be cared for in the private fostering arrangement. 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 private foster carers and to the parent(s) by the social worker responsible for the assessment. The private foster carers will also be advised of the right to appeal against the requirements to the Magistrates court.

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 relevant Head of Service. 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 private fostering arrangement;
5. Whether the welfare of the children in the private fostering arrangement will be safeguarded and promoted.

Exemptions will only be granted in relation to named children and will cease when the named children leave the private fostering arrangement.

Where an exemption is granted this will be confirmed in writing to the foster carers by the Head of Service.

A decision can be made to prohibit the proposed private foster carer from private 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.

Where the social worker considers that it would be appropriate to approve a private fostering arrangement carer despite the fact that the private foster carer or a person in the household is disqualified, a written report must be presented to the Head of Service 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 the Head of Service. 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.

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 whether to report further to the Head of Service recommending that the private foster carer be prohibited from caring for the child in which case the procedure for prohibitions as set out above must be followed.

Frequency

Visits by a social worker must be made to the child and the private foster carer at the private fostering home within one week of or the date when notification was received if later, and then visits will be made at least every 6 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 their manager depending on the child’s needs and circumstances. 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 private foster carer.

The child must be seen and spoken to 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 suitability of the accommodation to include the child's bedroom should form part of the private fostering assessment and it would be good practice to see the child’s bedroom in an ongoing way to check that it remains suitable.

At no point must a child living in a private fostering arrangement be ‘stepped across’ to Early Help as the child MUST be allocated to a qualified Social Worker. 

Purpose

The purpose of and matters to be discussed at the first visit to a child living in a private fostering arrangement is set out in 5. Initial Visits to Private Foster Carers.

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 childcare standards and check that the child's needs are met within the private fostering arrangement 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 private fostering arrangement 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 private fostering arrangement 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 / Dentist / Optician and that any necessary health care has been provided to take account of any additional health needs;
11. To ensure that the child has access to services as required as a result of any complex physical or learning needs;
12. To enquire as to the family time/contact arrangements for the child with the parents and siblings or significant others;
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 time spent with parents or significant others.

Recording of Visits

Records should be updated from detailed notes made contemporaneously following a visit or interview; as various information becomes available, or as decisions or actions are taken as soon as practicable.  All records should be updated within 2 working days of the contact, or 24 hours of a significant event in the child’s life.” Agreed recording templates for each service area should be used.

The record of each visit must state whether the child was seen and if so whether the child was seen alone and spoken to. Their voice must be recorded in blue font on their record so that this is clearly visible. If the child was not seen and spoke to alone, the reason for this must be clearly recorded.

A written report on every visit must be made by the Social Worker and recorded on the child’s electronic record. The record must comment on the child's welfare and how the private fostering arrangement 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. Contingency planning should be a consideration for all children to ensure ongoing stability and permanence for them. Social Workers supporting children who are privately fostered will r children in supervision will receive supervision each month to ensure ongoing oversight of arrangements and the child’s needs by the Team Manager.

Unsatisfactory care

Where there are concerns about the child's care, the parents should be advised, and consideration should be given to invoking Sefton multi agency safeguarding procedures.

The suitability of the private foster carer should be reviewed annually. This review will be chaired by an Independent Reviewing Offer (IRO) from the Independent Safeguarding & Review Unit and be attended by the Social Worker and their Team Manager. 

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 Cared for Child already being cared for by 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 care arrangements of any Cared for 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 private fostering arrangement including the name and address of the person into whose care the child has moved.

Unless a young person has a complex need or disability, private fostering ends at 16. Childrens 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.

As a privately fostered young person, they will be entitled to support from the Care Experienced Service as a Qualifying Young person. Support may include advice, befriending and discretionary financial assistance where the young person has no other means. It will be provided at the request of the young person on the basis of assessment of need and can continue up to the age of 25 or beyond if the young person is in higher education, up to the end of the course. Any request by the young person should be made to the local authority in which they are resident or where the education and training is being provided.

Any young person aged 16-17yrs who has been privately fostered and is considered to be homeless at the end of this arrangement will be entitled to assessment to determine if it is appropriate for the young person to be accommodated by the Local Authority or if support should be provided by housing (See 16-17 homeless protocol).

An Independent IRO from the Independent Safeguarding & Review Unit will, in their private fostering champion capacity, participate in sampling of private fostering files relating to both children and private foster carers. The IRO will chair annual reviews of private foster carers. 

Information from annual reviews, private foster carer feedback, review meetings with private fostering leads within Children’s Services, file sampling, awareness raising sessions together with feedback from quantitative data regarding private fostering arrangements will form the basis of an annual report written by the Head of Support and Protect.

This annual report which will be provided to Sefton Safeguarding Children Partnership. The report will evaluate the welfare and outcomes of privately fostered children within Sefton and feedback on partnership work in this respect.