5.1 Private Fostering

RELEVANT LEGISLATION

Part IX and Schedule 8, Children Act 1989

Children (Private Arrangements for Fostering) Regulations 2005, which came into force on 1 July 2005

AMENDMENTS

Paragraph 2.2 was amended in February 2011 by updating the definition of 'close relative' to include reference to civil partnership.

FORMS

The Forms referred to in this procedure are in the Forms Library which can be accessed via the button on the left hand side of the screen.

Introduction
Definition of a Privately Fostered Child
Identification of a Privately Fostered Child
Notification
Change of Circumstances
Local Authority Duties
Action Required upon Receipt of Notification – Initial Visits and Initial Assessment
Assessment of Private Foster Carers
Advice and Support
Supervision of Arrangement
Review of Child in Need Plan
After Care
Requirements and Appeals
Disqualification, Prohibition and Appeals,
Offences
The ‘Fostering Limit’
Independent Schools
Advertising and Life Insurance

1. Introduction

1.1	This procedure is intended to be a working tool to assist social workers in the task of identifying, assessing and managing private fostering within Peterborough.
1.2	For children, the experience of being privately fostered should not be very different from that of being looked after by the local authority. They should feel safe and secure and protected within their placements. This means that the standard of service they receive from Children’s Social Care should be equal to that we provide for children in our care.
1.3	Local authorities now have to appoint a Designated Manager (Private Fostering) to be responsible for and oversee the discharge of the local authority’s responsibilities in respect of private fostering.
1.4	The general welfare duty of local authorities now extends to children who are proposed to be privately fostered – see Section 5, Local Authority Duties
1.5	National Minimum Standards have been introduced, the first of which requires the local authority to produce a Statement of Purpose for Private Fostering.
1.6	The National Minimum Standards for Private Fostering together with the Children (Private Arrangements for Fostering) Regulations 2005 and the Replacement Children Act Guidance on Private Fostering can be found at: Department for Education website

2. Definition of a Privately Fostered Child

2.1	Private fostering is when a child under the age of 16, (or under 18 if disabled) is cared for or intends to be cared for by someone who is not their parent, person with Parental Responsibility or a close relative. This is a private arrangement made between the parent and a carer for 28 days or more.
2.2	A close relative, as defined in the Children Act 1989, is a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity) or step parent, excluding step-grandparents. Affinity means by marriage or civil partnership.
2.3	A child is not in a privately fostering arrangement if the person has cared for him or her for a period of less than 28 days and does not intend to do so for any longer period.
2.4	A child under the age of 8 cared for over a period of up to 27 days which includes overnight stays is subject to Child Minding Regulations.
2.5	Schedule 8 of the Children Act 1989 provides exceptions to the general definition of private fostering in order to ensure that normal domestic arrangements are not within the scope of the Private Fostering Regulations and that placements which are more appropriately controlled by other provisions are also excluded, e.g. Children in Care or children in hospital or at boarding school.
2.6	Where an overseas child is placed with prospective adopters and is brought to the UK by the prospective adopters without a full adoption order having been made in the child's state of origin, (including where an interim adoption order has been made), the prospective adopters must notify the local authority that the child is staying in their home as soon as possible after their arrival in the UK. The local authority should treat the child as a privately fostered child and carry out regular welfare visits until the full adoption order is made – for further details see Inter Country Adoption Procedure.
2.7	Children living with carers who have given notice to the local authority of their intention to adopt or other permanency arrangements, e.g. Special Guardianship, Residence Order, may also come within the definition of being privately fostered - for further details see the Non Agency Adoption Procedure.

3. Identification of Privately Fostered Children

3.1	The Children Act 2004 places a duty on local authorities to promote public awareness in their area of the notification requirements.
3.2	The Designated Manager (Private Fostering) is responsible for developing a strategy for the publicity and dissemination of advice and information about private foster care. This will be done using posters leaflets and advertisements in the media in a variety of languages, emphasising the legal requirement to notify.

4. Notification

4.1	Any person who proposes to privately foster, is involved in arranging for a child to be privately fostered or is the parent who proposes their child is to be fostered, must notify the local authority between 6 and 13 weeks before the fostering arrangements begins, or within 48 hours if the arrangement commenced as an emergency. A Notification Form should be sent out to the enquirer - by first class special delivery mail - by the Referral and Assessment Team or any Team which receives information regarding a proposed or existing arrangement. Alternatively the Notification Form must be completed during the Initial Visit. (NB The Notification Form is available via the Forms button on the left hand side of the screen). For action required on receipt of notification, see Section 7, Action Required upon Receipt of Notification - Initial Visits and Initial Assessment.
4.2	Any person who has given notice of a proposal to foster a child must also notify the local authority within 48 hours of receiving the child.
4.3	Where a child is placed in an emergency, notification must be made to the local authority within 48 hours of the placement.
4.4	Notification should be in writing. Information being obtained over the phone should follow the categories as stated on the Notification Form. The completed Form should then be sent to the person providing the notification for signature.
4.5	Private foster carers or proposed private foster carers must also provide the local authority with information, as stated in the Notification Form.
4.6	Any person who ceases to foster a child privately must notify the local authority within 48 hours and must include in the notice the name and address of the person into whose care the child was received (see Notification - Change in Circumstances Form, available via the Forms button on the left hand side of the screen). This notice is not required where the private foster carer intends to resume the private fostering arrangement after an interval of not more than 27 days. If she/he subsequently abandons his/her intention or does not resume the arrangement within 27 days, she/he must give notice to the local authority within 48 hours.
4.7	Where the reason for ending the arrangement is the death of the child, the private foster carer must notify the local authority and also the person from whom the child was received straight away. If this occurs out of hours, the private foster carer must notify the out of hours duty worker immediately. The social worker who receives the information must ensure that the parents and others with Parental Responsibility are informed and supported as necessary
4.8	Appropriate agencies involved with the child must also be notified by the social worker involved of the end of the private fostering arrangement.

5. Change of Circumstances

5.1	Any change of address or circumstances of the private foster carer and/or household must be notified to the local authority in advance if practicable and, in any other case, within 48 hours (using the Notification - Change of Circumstances Form, which is available via the Forms button on the left hand side of the screen). All changes must be recorded on RAISE.
5.2	If the notification relates to the private foster carer's change of address and it is in the area of another local authority, the private fostering officer must notify the local authority concerned and provide the new authority with the following information: The name and address of the private foster carer The name and address of the child who is being privately fostered: and The name and address of the child's parents or any other person who has Parental Responsibility
5.3	The local authority to which the private foster carer has moved must also be informed of any important matters relating to the welfare of the child e.g. a disability or health condition, special educational needs or the suitability of the carers. Other appropriate agencies involved with the family must also be of any change of the child's address.
5.4	If the notification relates to a conviction for a further offence, the nature of the offence must be obtained by the private fostering officer involved to determine the impact it may have on the care of the privately fostered child and if it disqualifies the carer from privately fostering. In the event that the notification relates to a disqualification being imposed on the private foster carer or any other member of the household, the procedure for disqualifications must be followed - Section 14, Disqualification, Prohibition and Appeals.
5.5	If the notification relates to a new member of the household, the private fostering officer should arrange for Criminal Records Bureau (CRB) and medical checks to be undertaken if the person is 16 years old or over.

6. Local Authority Duties

6.1	Whilst local authorities do not formally approve or register private foster carers, they have a duty to satisfy themselves that the welfare of privately fostered children is being safeguarded and promoted and to secure that such advice is given to foster carers as appears to be needed (Section 67(1) Children Act 1989).
6.2	This is in addition to the general duty to safeguard and promote the welfare of Children in Need and to promote the upbringing of such children by their families so far as this is consistent with the welfare duty to the child (Section 17(10) Children Act 1989).
6.3	These two duties have been extended to include children who are proposed to be privately fostered (Section 44 Children Act 2004).

7. Action Required upon Receipt of Notification – Initial Visits and Initial Assessment

7.1	In practice, notifications may be received in a number of ways and, upon receipt a referral should be completed on RAISE by the Referral and Assessment Team (if the child is new to the Department) or the existing team (if the child is already known/allocated). The private fostering officer should be informed of the referral, including contact details and the date the Notification Form was sent out to the enquirer.
7.2	The Referral and Assessment Team social worker (if new) or the allocated social worker (if already known/allocated), together with the private fostering officer should arrange to: Visit the premises where it proposed that the child will be cared for or is being cared for Visit and speak to the (proposed) private foster carer and all members of the household. Visit and speak to the child whom it is proposed will be privately fostered alone unless the social worker/s considers it inappropriate. (An interpreter who is independent of the child’s parents and of the private foster carer should always be used where the child’s preferred language is not English.) Speak to and, if it is practicable to do so, visit the child’s parents or other person with Parental Responsibility for the child.
7.3	The above visits or contacts must be part of an Initial Assessment (if the child is new to the Department), or in response to the information (if the child is already known/allocated), and undertaken within 7 working days of receipt of the Notification of or enquiry about the (proposed) private fostering arrangement.
7.4	The purpose of the Initial Assessment (if new), or response (if known/allocated) is to assess initially the (proposed) arrangement and its suitability - or otherwise to exercise the power to prohibit or to impose requirements - before it begins.
7.5	During the initial visit to the (proposed) private foster carer/s, the workers should: Obtain their consent that they are willing to agree to the necessary checks being undertaken and that they will cooperate with the assessment. Explain the assessment process and the private foster carers' legal responsibilities towards the child and Complete/collect the Notification Form and Agreement to Private Fostering
7.6	Information should also be obtained as appears relevant in the particular circumstances to ascertain the following: that the purpose and intended duration of the private fostering arrangement is understood by, and agreed between, the parents of the child (or any other person with Parental Responsibility) and the (proposed) private foster carer/s and, where the child has come from overseas, that the child's immigration status is clarified and consistent with the arrangement; the wishes and feelings of the child about the (proposed) arrangement (considered in the light of his or her age and understanding); the suitability of the (proposed) accommodation; the capacity of the (proposed) private foster carers to look after the child; the suitability of other members of the (proposed) private foster carer's household; whether the arrangements for contact between the child and his/her parents, any other person with Parental Responsibility and other persons who are significant to him/her (e.g. siblings, other family members, close friends) have been agreed and understood, and whether those arrangements will be satisfactory to the child; whether the parents of the child, or any other person with Parental Responsibility, and the (proposed) private foster carer have agreed financial arrangements for the care and maintenance of the child; whether consideration has been given and necessary steps taken to make arrangements for the care of the child's health; whether consideration has been given and necessary steps taken to make arrangements for the child's education; and how decisions about the day to day care of the child will be taken
7.7	Where the initial visit takes place after the placement has been made, the following additional information should also be ascertained: 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; Encourage the private foster carers to draw up a written agreement with the child's parents as to their respective expectations and responsibilities in relation to the fostering arrangement including the contact arrangements; Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the private foster carer's home; Ensure that a school place has been arranged for the child if of school age Ensure the parent provides to the private foster carer a written general consent to cover any necessary medical treatment and that a copy of this consent is given to the GP, dentist, optician and retained on the child's case record; Advise the private foster carer to arrange a medical examination of the child with the GP as soon as practicable after the start of the placement.
7.8	An Initial Assessment Record should be completed by the Referral and Assessment Team social worker on RAISE (if the child is new to the Department). It must state whether the child was seen alone. It must also contain a recommendation about the continued suitability of the private fostering arrangement. A copy of the record should be sent to the private foster carer, parents and child (if old enough) and be placed on the child's case record.
7.9	A meeting should be convened at the completion of the Initial Assessment (if new), or after the initial visit (if already known/allocated), where the appropriate Team Managers, social workers and private fostering officer, should consider the suitability of the arrangement to proceed and whether there are any requirements which should be imposed (see Section 13, Requirements and Appeals), and whether any person should be disqualified or prohibitions should be imposed as described in Section 14, Disqualification, Prohibition and Appeals. External Consult Team should be approached, if this is the case.
7.10	If the (proposed) private fostering arrangement is deemed suitable to proceed, a Core Assessment should be completed within 35 working days by the Children in Need/Assess & Care Planning social worker, if not done recently. The private fostering officer should complete the Private Fostering Arrangement Assessment Record within 35 working days (see Section 8). A meeting should be convened at the end of both assessments, and should be attended by the appropriate Team Managers, Fostering Manager, social worker, private fostering officer, and Service Managers. The meeting will consider whether to recommend the suitability to act as private foster carers. This recommendation will be referred to the Designated Manager (Private Fostering) for a final decision. The External Consult Team should be approached when the recommendation is that the carers are not suitable to act as private foster carers.
7.11	External Consult Team - Independent members of this team can contribute towards discussing the assessment findings and the Department's view regarding the private fostering arrangements being unsuitable to proceed or act. A further role of the External Consult Team will be to satisfy itself with the standard of the completed assessments by sampling 10% of completed assessments every quarter.
7.12	A letter regarding the recommendation will be sent to the parents, child (if old enough), and (proposed) private foster carer. The letter will also include information on the right to appeal within 14 days through the Family Court, if the recommendation is not to agree with the arrangement. A separate case record should be established on RAISE for each child. Children and families should be made aware of their right to access their records.

8. Assessment of Private Foster Carers

8.1	The private fostering officer should create a separate case record on RAISE for the private foster carer.
8.2	The private fostering officer will complete a Private Fostering Arrangement Record of the (proposed) private foster carers. As part of the assessment, the private fostering officer should obtain an enhanced Criminal Record Bureau (CRB) check on the carer(s) and all members of the household aged 16 and over. The private fostering officer should also undertake checks of Children's Social Care records, medical checks and obtain two personal references per carer. Personal referees should be interviewed and asked to confirm their opinion in writing. Where appropriate, for example where a private foster carer has only recently moved into the local authority area, checks of records held by other local authorities' Children's Social Care should also be made.
8.3	In the event of a refusal of any person to cooperate with the making of the necessary checks, the private fostering officer should advise the (proposed) private foster carers that as the required assessment cannot be completed, they cannot be recommended as suitable. In these circumstances, the the parents of the child will have to be advised as to the reasons why alternative arrangements will have to be made.
8.4	In assessing the capacity of the proposed or actual private foster carer to look after the child, the private fostering officer should also consult with appropriate agencies who may already be involved with the child, the proposed or actual private foster carer or members of his household. The proposed or actual private foster carer should be made aware that such views will be sought.
8.5	The completed assessment should be endorsed by the manager of the private fostering officer.
8.6	The Private Fostering Arrangement Assessment Record should be completed within 42 working days from the receipt of the referral or notification.
8.7	As set out in Section 7.10, if the (proposed) private fostering arrangement is deemed suitable to proceed after the Initial Assessment, a Core Assessment should be completed within 35 working days by the Children in Need/Assess & Care Planning social worker, if not done recently. The private fostering officer should complete the Private Fostering Arrangement Assessment Record within 35 working days. A meeting should then be convened at the end of both assessments, and should be attended by the appropriate Team Managers, Fostering Manager, social worker, private fostering officer, and Service Managers. The meeting will consider whether to recommend the private foster carers' suitability to act. This recommendation will be referred to the Designated Manager (Private Fostering) for a final decision. The External Consult Team's views will be sought in the following circumstances: the arrangement is regarded as not suitable to proceed the (proposed) private foster carers are regarded as not suitable to act where there is conflict of opinion raised during either of the two assessment meetings. The parent(s) should be informed of the final decision, including any decision not to proceed with the arrangement and an alternative course of action should be considered. The local authority should decide whether to exercise any of its functions under the Children Act 1989. The need to impose requirements, disqualifications or prohibitions should be discussed with the External Consult Team. The Designated Manager (Private Fostering) should sign off the final reports, if the arrangement appears to be promoting and safeguarding the welfare of the child.

9. Advice and Support

9.1	Parents of privately fostered children and private foster carers should receive advice and support to assist them to meet the needs of children who are privately fostered. Privately fostered children should be able to access advice and support when required so that their welfare is safeguarded and promoted.
9.2	Parents may need advice and support to make alternative arrangements for the care of their child if the (proposed) private foster care arrangements are inappropriate or unsuitable. They may need advice on attachment issues between siblings and between children and themselves and children and their private foster carers.
9.3	Private foster carers should receive information about the support available from other agencies such as health, housing and schools. They will need advice about issues arising from a child’s religion, racial, cultural and linguistic background as well as any particular issues affecting the child.
9.4	This advice may come from individual professionals, self-help groups, SureStart, drop-in centres, Connexions, health clinics etc.
9.5	The child's social worker should give specific advice about recording the child’s development and progress. This advice should cover recording the child’s medical and educational progress, contact with parents, recreational activities and photograph albums. A record of financial transactions should be kept, in particular relating to monies received for the child’s upkeep.
9.6	Privately fostered children should be given contact details for their social worker who will be visiting them. They should be given age appropriate information about their privately fostered status, their right to be kept safe and the responsibilities of the adults who care for them. A guide for children and young people has been written by the British Association for Adoption and Fostering Agencies and a copy should be given to the child. They should have access to advocacy services including the Peterborough Children’s Rights Officer (see Advocacy Services Procedure).

10. Supervision of Arrangement

10.1	The frequency of visits by the child's social worker should be determined by the circumstances of the case and should take place whenever reasonably requested by the child or private foster carer and at a minimum: Within one week of the start of the arrangement , and Not less than every six weeks during the first year of the arrangement, and Not less than every three months after the first year of the arrangement The private fostering social worker will continue to have a role, primarily as a support to the private foster carer, and should visit the private foster home, at a minimum, at twelve weekly intervals.
10.2	In practice it may be appropriate to visit more frequently. On each occasion a child is visited, the child’s social worker should, unless inappropriate, arrange to see the child alone and, if necessary, outside the home.
10.3	All visits to the private foster home must be recorded on the child’s case record.
10.4	The overall purpose of all visits is to ensure that child care standards and the child's needs are continuing to be met within the private foster placement and in particular: To observe the overall standard of care including visiting the child's bedroom To speak to and ascertain the wishes of the child To review the purpose and likely duration of the arrangement. The parent and the foster carer should be encouraged to plan the ending of the arrangement and prepare the child for the change. Where the child is from overseas, to clarify the child’s immigration status and whether this is consistent with the intended duration of the placement To check that any requirements are being met – see Section 13, Requirements and Appeals To ensure that the arrangements for the child's education are satisfactory To advise 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 private foster carer to keep a record of the child's development, including accidents, illnesses, immunisations, school reports, achievements and any contact with parents or significant others. To offer advice and support to the carer, child and parents as necessary or requested to ensure the privately fostered child’s needs are met and their welfare is safeguarded.
10.5	Any areas of concern will be shared between the child's social worker and the private fostering officer and any investigations required will be carried out jointly.

11. Review of Child in Need Plan

11.1

The Child in Need Plan should be reviewed in accordance with the Child in Need Plans and Reviews Procedure and the outcome recorded on RAISE. As in all reviews, the parents, children and the private foster carers should actively be encouraged to participate and contribute to the review and planning process. It is good practice to plan for permanence for all children living away from home. It is envisaged that most private fostering arrangements will not last in excess of twelve months, as the plan will usually be for the child to return home with any support needed.

11.2

When a longer term arrangement is being reviewed and social work support appears superfluous, the case for applying for a Residence Order or a Special Guardianship Order may be suggested to the private foster carers.

12. After Care

12.1

Unless disabled, a child ceases to be privately fostered on reaching his or her 16th birthday. However support will continue until the end of his or her compulsory education. The power to provide after-care arrangements, advice and befriending (no financial support) for young people only applies to a person who is under 21 and who was (but is no longer) privately fostered at any time after his or her 16th birthday.

12.2

This means only a child with disabilities may come within the definition of a Qualifying Young People and receive support as such under the Leaving Care Procedure. The local authority is empowered to advise, assist and befriend such a person if s/he asks for help and his or her private foster carers do not have the necessary facilities themselves.

13. Requirements and Appeals

13.1	The local authority may impose on private foster carers or prospective private foster carers, requirements including the number, age and sex of the children who may be fostered, the standard of accommodation and equipment; arrangements as to health and safety; and particular arrangements regarding the care of the children.
13.2	The decision to impose a requirement should be made by the Designated Manager (Private Fostering) after discussion with the External Consult Team and as described in paragraph 7.10 and paragraph 8.7 and reasons should be recorded. The decision and reasons should be discussed with Legal Services who will serve any notice on the private foster carer and parent and prepare for a possible appeal - see Schedule 8 paragraph 6 Children Act 1989. On receipt of a notice, private foster carers have 14 days to appeal to the Court - see Schedule 8 paragraph 8 Children Act 1989.
13.3	Where requirements which have been imposed are not complied with, the private fostering officer and social worker must consider whether support should be provided to ensure compliance and/or consider whether to report further to the Designated Manager (Private Fostering) recommending that the private foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out in Section 14, below must be followed.

14. Disqualification, Prohibition and Appeals

14.1	A person may not foster a child privately where he/she is disqualified from doing so and has not obtained the written consent of the local authority.
14.2	If it appears a person is a Disqualified Person (Foster Carer) and should be disqualified, the decision should be made by the Designated Manager (Private Fostering) and reasons should be recorded. The decision and reasons should be discussed with Legal Services who will serve any notice on the foster carer and parent and prepare for a possible appeal – see Section 68 Children Act 1989.
14.3	On receipt of a notice, a (proposed) foster carer has 14 days to appeal to the Court – see Schedule 8 paragraph 8 Children Act 1989.
14.3	A local authority has power to prohibit a person from fostering if of the opinion s/he is not a suitable person, the premises are not suitable or it would be prejudicial to the welfare of the child to be, or continue to be, accommodated by that person in those premises. A person may be prohibited from fostering privately any child within the area of the authority, any child on the premises in question, or an identified child in specified premises. A prohibition may be cancelled by a local authority if it thinks fit either of its own motion or an application if the local authority is satisfied the prohibition is no longer justified – see Section 69 Children Act 1989.
14.5	The Designated Manager (Private Fostering) will decide whether a person is to be prohibited and reasons should be recorded. The decision and reasons should be discussed with Legal Services who will serve any notice on the foster carer and parent and prepare for a possible appeal – see Schedule 8 Paragraph 8 Children Act 1989.

15. Offences

15.1	Failure to notify the local authority of private fostering arrangements, breaches of requirements, prohibitions and disqualifications and obstruction of powers of entry may be criminal offences.
15.2	Whenever a child has been privately placed without notification (not in an emergency), the Referral and Assessment Team Manager (if the child is not known to the local authority), or the appropriate Team Manager (if the child is known to a team), must make and record on RAISE a decision whether an offence has been committed. In practice such a decision would need to take account of whether the parties to the arrangement were aware of the regulations, whether they had deliberately violated them, and whether the arrangement was in the best interest of the child. If it appears an offence has been committed, legal advice should be taken before any referral to the police is made - see Section 70 Children Act 1989 and National Minimum Standards 2.5.1.
15.3	A search warrant is available to support the power of entry - Section 102(6) Children Act 1989).

16. The ‘Fostering Limit’

16.1

The usual fostering limit is three children unless the children concerned are siblings. Other exceptions are governed by Schedule 7 of the Children Act 1989.

16.2

The decision to authorise an exception will be made by the Designated Manager (Private Fostering), taking into account the following factors:

the wishes and feelings of the child as far as can be ascertained;
the best interest of the child;
the wishes of the parent;
the long term plan for the child;
the ability of the foster carer to help the child with possible confusion if the arrangement is both long term and trans-racial
the ability of the carer to understand fully the child’s racial and cultural needs if they are different from the (proposed) private foster carers.

17. Independent Schools

17.1

A person who proposes to accommodate a child under 16 years for more than two weeks during school holidays must give written notice to the local authority (unless she/he is exempted by them). The child is treated as a privately fostered child with the exception that requirements may not be imposed. Notice must also be given when a child ceases to be treated as a privately fostered child – see Schedule 8 Paragraph 9 Children Act 1989.

18. Advertising and Life Insurance

18.1	Any advertisement to undertake or arrange for private fostering must state the person’s name and address. It is an offence not to do this.
18.2	A person who privately fosters a child for reward shall be deemed for the purposes of the Life Assurance Act 1774 to have no interest in the life of the child.

End