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Contents

1. Definition    
2. Notifications to the Local Authority
3. Action to be Taken on Receipt of Notification 
4. Initial Visit to the Private Foster Carers
5. Assessment of Private Foster Carers
6. Timescales and purpose of visits to a privately fostered child
7. Financial Support for Private Foster Carers
8. Imposing Requirements on Private Foster Carers
9. Duty of Private Foster carers to notify changes in circumstances
10. Limit on Number of Children
11. Prohibition and Disqualification
12. Non-compliance with Requirements 
13. Visits to the Foster Home - Frequency, Purpose and Records
14. Review of Foster Carers
15. Local Authority Foster Carers who Privately Foster
16. After the Private Fostering Arrangement Ends
    
    Appendix 1

1. Definition

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, grandparent, aunt, uncle, step parent, sister or brother and where the child is to be cared for in that person's home for 28 days or more.

A child who is Looked After or placed in any residential home, hospital or school is excluded from the definition.   A child who is subject to a Residence Order or Special Guardianship Order is excluded from the definition if they live with the person to whom the order is made.

A parent does not relinquish parental responsibility in a private fostering arrangement.  The private foster carer does not acquire parental responsibility although some decisions about the child may be delegated to the carer with the agreement of the parent. . The legal definition is given in section 66 of the Children Act 1989. Schedule 8 to the Children Act 1989, sets out certain exemptions to the definition. 

2. Notifications to the Local Authority

Where a child is to be placed by the parents with private foster carers, the local authority must be notified in writing at least 6 weeks before an arrangement begins. Where no prior notification of a placement is given, private foster carers must notify the local authority of the placement immediately.;

The person making the notification should be asked to provide the following information:

1. The name, gender, date and place of birth and address of the child
2. The racial origin, cultural and linguistic background and religion of the child
3. The names and address of the person giving the notice and any previous address within the last five years
4. The name and addresses of the child's parents and any previous addresses within the last 5 years
5. If different, the name and address of the person from whom the child was or is to be received
6. The name and address of the private foster carers and any previous addresses within the last 5 years
7. The name and address of any other person who is involved in making the arrangement
8. The name and address of any siblings of the child who are under 18, and the current arrangements for their care
9. The purpose and likely duration of the arrangement
10. The intended date when the child is to be placed with the private foster carers or the date when the placement began

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

• Any offence of which he/she or any other member of the household has been convicted
• Any disqualification or prohibition (see Section 11, Prohibition and Disqualification) placed on him/her or any other member of the household
• Any actions taken or orders made in relation to the private foster carer or any child who is or was a member of the same household

Written notification must also be made to the local authority by the private foster carer within 48 hours of any change in circumstances, e.g. a change of address, a change in the household, a criminal conviction/disqualification or prohibition (see Section 11, Prohibition and Disqualification) in relation to any person in the household or any intention to foster another child privately.

Where notification is that the private foster carers have moved to live in the area of another local authority, the social worker must immediately pass to the new authority the name and address of the foster carer, the name of the child being privately fostered, the name and address of the child's parents.

Where notification is that the placement has ended, the social worker should ascertain the name and address of the person now caring for the child and his or her relationship with the child.

Parents also have a duty to notify the local authority in writing of the ending of the placement including the name and address of the person into whose care the child has moved.

Any agency that becomes aware of a private fostering arrangement must immediately notify the local authority in writing of the arrangement 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 either the East Child Care Unit or the West Child Care Unit depending on where the privately fostered child resides. If the child is registered disabled then the referral is passed to the Disabled Children's Service.

A social worker will be allocated to carry out the following initial tasks within one week of the notification:

1. On receipt of a telephone notification or written enquiry carry out a record check, and check OFSTED that the proposed carer is not disqualified (See Section 11, Prohibition and Disqualification) from fostering. If they are not, send out the leaflet 'Private Fostering in Bexley - A guide for parents and carers' (published October 2005) to the carers with a letter acknowledging receipt of the referral.
2. Write to the child's parents acknowledging receipt of the referral and enclose a Private Fostering Information Leaflet entitled 'Private Fostering in Bexley - A guide for parents and carers' (published October 2005).
3. Visit the foster carers in the home where the child is to live and speak to them and all members of the household.
4. Visit and speak to the child alone, unless the social worker considers it inappropriate to do so
5. Speak to and if possible visit the parents
6. 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,
7. Ascertain the wishes and feelings of the child about the private fostering arrangement
8. 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
9. 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;
10. Encourage the parents to draw up a written agreement (it may be helpful to use a Placement Information Record as a guide) with the foster carers as to 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;
11. 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
12. Where the child has already been placed by the parent(s), check that the financial matters are in order and the contact arrangements are working
13. Notify the relevant health and education agencies of the child's placement or proposed placement including the health visiting service where appropriate;
14. 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.
15. Enter the child and the carer's details onto the specific ICS form
16. The record of the assessment of the private foster carer is held separately from the Initial Assessment of the child being privately fostered.  The information linking the two files is recorded on the case files held by the child care teams and on the electronic social care records.

4. Initial Visit to the Private Foster Carers

During the initial visit, the social worker should:

1. Explain the assessment process to the private foster carers and provide written information to them
2. Obtain the written consent of the foster carer and all members of the household over 16 to enhanced checks being made with the Criminal Records Bureau (CRB) and ask the foster carer for the names of 2 personal referees
3. Establish the private foster carer's child care experience, access to support and views and intentions regarding behaviour management of the child
4. Establish the plans for contact between the child and his or her parents
5. Establish the private foster carer's understanding of the child's culture, and give advice in relation to resources and facilities which could assist in meeting the child's racial, cultural, religious and linguistic needs, including the use of an interpreter if necessary.
6. Advise the private foster carer of the need for notification to Children's and Young People's Services in the event of a change in circumstances and preparation of the child before any further move, and for continuity of information being passed to the next carer.

Advise the private foster carer in relation to recording the child's development, particularly incorporating the following matters:

• maintaining the child's medical history
• keeping a file of school reports
• noting dates of contact with the parents and significant others
• maintaining a financial record
• noting dates of contact with Children's and Young People's Services
• keeping a photograph album.

In the event of a refusal of any person to cooperate with the making of the necessary checks, the social worker should advise the private foster carers that they cannot be recommended as suitable and advise the parents of the reason why alternative arrangements will have to be made for the child.

Any action required by the local authority to secure the child's safety should be considered and legal advice sought as necessary.

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

1. Ensure that the parents have fully informed the foster carer of the child's medical history and any current need for ongoing professional monitoring and medication, and has handed the child's personal child health records to the private foster carer;
2. Encourage the private foster carers to draw up a written agreement  with the child's parents as to their respective expectations and responsibilities in relation to the private fostering arrangement including the contact arrangements, finances and expected duration;
3. Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the private foster home;
4. Ensure that a school place has been arranged for the child if of school age;
5. Ensure the parent provides the private foster carer with a written general consent to cover any necessary medical treatment and that a copy of this consent is given to the GP, dentist, optician and retained on the child's file;
6. Advise the private foster carer to arrange a medical examination of the child with the GP as soon as practicable after the start of the placement.

After the visit, the social worker should complete a written report of the meeting and pass a copy to the line manager and send a copy to the Designated Manager (Private Fostering) for information.

5. Assessment of Private Foster Carers

An assessment of the private foster carers will be carried out by the East Child Care Unit /West Child Care Unit social worker or the Disabled Children's Service social worker..

The social worker undertaking the assessment must arrange for checks on the private foster carer, all members of the household and frequent visitors over 16 to be made with the Criminal Records Bureau (CRB) and Children's and Young People's Services records (including for the areas of any previous addresses). The social worker should also seek written references and arrange to visit the personal referees.

The assessment will consider the following:

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

A report on the assessment should be presented to the Designated Manager (Private Fostering) for a decision to be made.  Written notice of the decision must then be sent to the foster carer and the parents, including any requirements, exemptions or prohibitions imposed - see Section 8, Imposing Requirements on Private Foster Carers, Section 10, Limit on Number of Children and Section 11, Prohibition and Disqualification.

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 services under a Child in Need Plan and/or a Core Assessment to be carried out alongside the assessment of the foster carer.

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

If any information comes to light during the course of the private foster carer assessment, for example as a result of the Criminal Records Bureau checks, which may preclude the person from privately fostering a child, the social worker should prepare a report to the Designated Manager (Private Fostering).  Immediate consideration should also be given to the arrangements for the child and if necessary child protection procedures should be followed.

See Section 11, Prohibition 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 under the London Child Protection Procedures and legal advice should be sought as necessary.

6. Timescales and purpose of visits to a privately fostered child

Visit the child at the home of the private foster carer at intervals of not more than every six weeks for the first year of placement and in any second or subsequent year, at intervals of not more than 12 weeks. Additionally, the child, private foster carer, parent or anyone else with parental responsibility can request the local authority undertake a visit to the placement when reasonably requested to do so.

The continuing capacity of a private foster carer to look after the child is assessed  during these visits. At each visit, the worker checks whether there have been any notifiable changes in the circumstances of the child. At each visit the officer will need to check whether any requirements are being met and to form a view as to whether they need to be varied or cancelled.

When carrying out a visit the officer must speak to the child alone, unless they consider it inappropriate. An interpreter who is independent of the child's parents and of the private foster carers should always be used where the child's preferred language is not English.

When carrying out a visit the officer must establish the information listed in Schedule 3 of the 2005 Regulations as appear to them to be relevant. (Schedule 3 is appended to this procedure).

The officer must make a written report to the Senior Social Worker or Practice Manager after each and every visit. This should include the conclusions drawn, whether the child was seen alone and, where appropriate, the reasons why the officer considered it inappropriate to see the child alone.

Write to the child's parents after each visit if their address is known.

7. Financial Support for Private Foster Carers

Financial support by the local authority to sustain an otherwise private fostering arrangement satisfactory may be considered in exceptional circumstances and where appropriate, the social worker should seek the approval of the relevant manager for such assistance to be given. The entitlement to welfare benefits of both the private foster carers or parents must be explored before any financial support from the local authority is considered.

Once the approval in principle has been given, the social worker should arrange for the private foster carers and/or parents to complete a financial assessment form. Once completed this should be passed to the social worker's line manager for consideration.

The relevant manager will confirm the amount of the financial support in writing to the carers once the financial assessment is complete.

The payments should be part of a Child in Need Plan.  See Child in Need Plans and Reviews Procedure.

8. Imposing Requirements on Private Foster Carers

Where appropriate, reports to the Designated Manager (Private Fostering) can include recommendations for requirements to be imposed on the private 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 private foster carer and to the parent by the social worker responsible for the assessment.  The private foster carer will also be advised of the right to appeal against the requirement to the Magistrates' Court.

9. Duty of Private Foster carers to notify changes in circumstances

The carer must notify the authority in writing of any change of circumstances, in particular: -

• a change of their address;
• any further offence of which they or a person who is part of, or employed at, their household has been convicted;
• any further disqualification imposed on them or a person who is part of, or employed at, their household under s.68 Children Act 1989;
• any person who begins to be part of, or employed at, their household, and any offence of which that person has been convicted, and any disqualification or prohibition imposed on them under s.68 or 69 of the Children Act 1989 (or under any previous enactment of either of those sections);
• any person who ceases to be part of, or employed at, their household;
• placement of another child;
• the death of a privately fostered child;
• the end of the private foster arrangement. Inform the Practice Manager of any conviction, disqualification or prohibition, or if the circumstances change in such a way that the arrangements become unsatisfactory.
• In the event of the death of a privately fostered child inform the Deputy Director (Social Care). The Local Safeguarding Children Board must be advised of the death of a child in the area to ensure the board's procedures are followed.
• Inform the parent(s) of the child and anyone else with parental responsibility.

The local authority may also have a role in providing support to the private foster carers and parents.

If the private foster carer's new address is in the area of another local authority, or of a local authority in Scotland, Wales or Northern Ireland, inform the local authority responsible for the child's new address of the name and new address of the private foster carer; the name 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 for the child.  It is good practice to inform other agencies of a change in address, e.g. the Primary Care Trust if the child has special health needs.

The parent of a privately fostered child or any other person who has parental responsibility for them, who knows that the child is being privately fostered, must notify the appropriate local authority of any change of their own address.

Any person who ceases to privately foster a child must notify the local authority  within 48 hours and must include in the notification the name and address of the person into whose care the child was received and that person's relationship with the child.

Any notification required under the 2005 Regulations must be made in writing.

10. 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 Designated Manager (Private Fostering). The application must contain the following information:

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

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

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

11. Prohibition and Disqualification

A decision can be made to prohibit the proposed foster carer from fostering on the basis that they are not suitable and/or the premises are unsuitable.

Section 68 of the Children Act 1989 deals with disqualification from being a private foster carer. The Disqualification for Caring for Children (England) Regulations  2004 set out various circumstances which disqualify a carer from privately fostering (or from carrying out various other functions, such as child-minding

The fact that a 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 foster carer despite the fact that he or she or a person in the household is disqualified, a written report must be presented to the Designated Manager (Private Fostering) for consideration.

Where a decision is made to prohibit a foster carer from caring for a child, reasons for the decision must be recorded.  Written notice of the decision, together with the reasons, must be sent by hand or recorded delivery post to the foster carer and to the parent by the social worker responsible for the assessment.  The foster carer will also be advised of the 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.

12. 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 Designated Manager (Private Fostering) recommending that the foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out above must be followed.

The decision to initiate legal action, including prosecution, is taken by the Deputy Director (Social Care) on the basis of the assessment report and after having taken legal advice.

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

1. Frequency

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

In subsequent years, visits must be at least three monthly.

The need to visit more frequently will be decided by the social worker and his or her manager depending on the circumstances and the need to visit unannounced and/or to choose times when all members of the household are likely to be present should also be considered.

Additional visits should be arranged at the request of the child or the foster carer.

The child must be seen alone by the social worker on each visit unless this is not appropriate having regard to the young age of the child or if the child does not wish to see the social worker alone.  The child's bedroom should be seen on some visits.

2. Purpose

The purpose of and matters to be discussed at the first visit after the child's placement are set out in Section 4, Initial Visit to Private 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:

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

3. Reports on Visits

A report 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 on the foster carer.

The report must be reviewed by the manager.

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 London Child Protection Procedures.

14. Review of Foster Carers

The suitability of the foster carer should be reviewed annually by the social worker and reported to the Designated Manager (Private Fostering).

15. 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 supervising social worker will normally carry out the assessment.

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

Consideration will need to be given to the implications for any Looked After Child already placed with the foster carer and contact should be made by the supervising social worker involved with the social workers for such children.

Consideration should also be given to the future placement of any Looked After children particularly having regard to the usual fostering limit of three children.

16. After the Private Fostering Arrangement Ends

Parents have a duty to notify the local authority of the ending of the placement including the name and address of the person into whose care the child has moved.

Unless a young person has a disability, private fostering ends at 16. Children's and Young People's Services will review the young person's circumstances and future plans as they approach 16. Where a young person remains with the private foster carers after the age of 16, but requires continuing support, he or she should be assisted as a Child In Need. Where the young person moves to independent living, support can be provided to them up as he or she will fall within the definition of Qualifying Young People. Support may include advice, befriending and discretionary financial assistance. It will be provided at the request of the young person on the basis of assessment of need and can continue up to the age of 21 or beyond if the young person is in higher education, up to the end of the course.

See Leaving Care Procedure.

Appendix 1

Click here to view Summary of the private fostering assessment and decision-making process flowchart

SCHEDULE 1 The Children (Private Arrangements for Fostering) Regulations 2005.

Information to be provided in Notification

1. The information referred to in regulations 3(4) and 5(2) is-
   1. the name, sex, date and place of birth, religious persuasion, racial origin and cultural and linguistic background of the child;
   2. the name and current address of the person giving the notice and his addresses within the previous five years; (3) S.I. 1991/2050, as amended in relation to England by S.I. 2004/865.
   3. the name and current address of the proposed or current private foster carer and his addresses within the previous five years;
   4. the name and current address of the parents of the child and of any other person who has parental responsibility for the child and (if different) of any person from whom the child is to be, or was, received;
   5. the name and current address of the minor siblings of the child, and details of the arrangements for their care;
   6. the name and current address of any person, other than a person specified in subparagraph (d), who is or was involved (whether or not directly) in arranging for the child to be fostered privately;
   7. the date on which it is intended that the private fostering arrangement will start, or on which it did start; and
   8. the intended duration of the private fostering arrangement.

SCHEDULE 2 The Children (Private Arrangements for Fostering) Regulations 2005.

Welfare of children who are to be fostered privately

1. The matters referred to in regulation 4(1)(e) are-
   1. that the intended duration of the arrangement is understood by and agreed between-
      1. the parents of the child or any other person with parental responsibility for the child; and
      2. the proposed private foster carer;
   2. the wishes and feelings of the child about the proposed arrangement (considered in the light of his age and understanding);
   3. the suitability of the proposed accommodation;
   4. the capacity of the proposed private foster carer to look after the child;
   5. the suitability of other members of the proposed private foster carer's household;
   6. that arrangements for contact between the child and his parents, any other person with parental responsibility for him, and other persons who are significant to him, have been agreed and understood and that those arrangements will be satisfactory for the child;
   7. that the parents of the child or any other person with parental responsibility for him and the proposed private foster carer have agreed financial arrangements for the care and maintenance of the child;
   8. that consideration has been given to, and necessary steps taken to make arrangements for, care of the child's health;
   9. that consideration has been given to, and necessary steps taken to make arrangements for, the child's education;
   10. how decisions about the care of the child will be taken; and
   11. whether the proposed private foster carer, the parents of the child, any other person with parental responsibility for the child, or any other person concerned with the child are being given such advice as seems to the authority to be needed.

End