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Contents

1. Definition 
2. Notifications to the Local Authority
3. Action to be taken on Receipt of Notification
4. Case Record for Private Foster Carers
5. Initial Visit to Foster Carers
6. Assessment of Foster Carers  
7. Financial Support to Foster Carers 
8. Imposing Requirements on Foster Carers 
9. Limit on Number of Children
10. Prohibition and Disqualification
11. Non Compliance with Requirements 
12. Visits to the Foster Home
13. Review of Foster Carers 
14. Support for Private Foster Carers, Children and Parents
15. Local Authority Foster Carers who Privately Foster 
16. After the Placement 
17. Death of a Privately Fostered Child 

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 where the child is to be cared for in that person’s home for 28 days or more.

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

2. Notifications to the Local Authority

Where a child is to be placed with Private Foster Carers, the local authority must be notified in writing at least 6 weeks before an arrangement begins (this should not be confused with the placement of a Looked After child with a Fostering Agency).

Notifications should be sent in writing to the Area Office the area where the foster carer lives. Notifications may also be made in writing via the Bradford Central Referral point.

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 10, 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 for example a change of address, a change in the household, a criminal conviction/disqualification or prohibition (see Section 10, 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.

Young people aged under 16 who live away from parents and close relatives for more than 28 days with an adult friend come within the scope of private fostering regulations, irrespective of whether the arrangement has been made by the parent, the parent is agreeable to it or the adult friend sees themselves as a carer.

3. Action to be taken on Receipt of Notification

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

An Initial Assessment will be undertaken, the purpose of which is to gather enough information to determine whether the situation should be responded to as Private Fostering or whether the child is in need of services which should be provided in some other way. Where the assessment concludes that the situation should be responded to as Private Fostering, the Private Fostering Pathway of ICS should be followed.

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

1. Visit the 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. The young person should be provided with relevant literature that supports their understanding of their situation. In the case of older children this will include Private Fostering: What it is and what it means- A guide for children and young people; Henrietta Bond (2005) BAAF. Copies are available from the Lead Practitioner Private Fostering
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 Plan 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;
9. 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
10. Where the child has already been placed, check that the financial matters are in order and the contact arrangements are working
11. Notify the relevant health and education agencies of the child’s placement or proposed placement 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’s disabilities and/or special educational needs.
13. Create a case record for the carer and members of their household (see Section 4, Case Record for Private Foster Carers).
14. Leaflets that can be given to foster carers, parents and children are available on K Drive - see K:\Children's Department Shared Area\Forms\Private Fostering.

4. Case Record for Private Foster Carers

A separate record should be kept for the carer.  The record will be in the name of the  lead carer (the female partner by convention) who is identified on the child's record as the "main carer". The carers record will contain the following documents that are uploaded to Care Store: correspondence, outcomes of agency checks, references, outcome of the Criminal Records Bureau (CRB) check, notifications and correspondence relating to training.

On ICS some carers details remain on the child's file: names and address of carers, household composition, start date of private fostering arrangements, date of notification, details of activity relating to checks/references/CRB, date of notifications and reviews including any requirements imposed, disqualifications or prohibitions. The current model of ICS does not allow adults to have Case Notes on their records. The information described above will routinely be recorded on the child's records using Case Notes which can be "copied" to the carer. There may be circumstances where a record needs to be placed on the carers file that has no direct relevance to the child and should not appear on the child's records e.g. a visit or telephone conversation about the carers training needs. A Case Note can be made on the child's record copied to the carer's record noting for example "carers issues discussed- see carers record". A separate record of the contact will be directly uploaded to the carer's record.

5. Initial Visit to Foster Carers

During the initial visit, the social worker should:

1. Explain the assessment process to the foster carers and provide written information to them
2. Obtain the written consent of the foster carer and all members of the household over 18 to checks being made with the Criminal Records Bureau (CRB) and ask the foster carer for the names of 2 personal referees
3. Establish the 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 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 foster carer of the need for notification to Children and Families Service and preparation of the child before any further move, and for continuity of information being passed to the next carer.

Advise the 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 the Children and Families Service
• 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 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 foster carer;
2. Encourage the 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, finances and expected duration;
3. Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the foster home;
4. Ensure that a school place has been arranged for the child if of school age;
5. Ensure the parent provides the foster carer with a written general consent to cover any necessary medical treatment and that a copy of this consent is given to the GP, dentist, optician and retained on the child’s file;
6. Advise the foster carer to arrange a medical examination of the child with the GP as soon as practicable after the start of the placement.

After the visit, the social worker should complete a Case Note of the meeting. The case note should be copied to the carers file.

6. Assessment of Foster Carers

For Guidance on the Assessment of Private Foster Carers, see Private Foster Carers Guidance.

An assessment of the private foster carers will be carried out by the social worker from the Area Office covering the area where the private foster carer resides, with advice if required from the lead practitioner private fostering or in their absence the Designated Manager Private Fostering.

The assessment is recorded as a Private Fostering Arrangement Record in ICS.

A decision regarding the suitability of the arrangement should be made within 42 days of notification or as soon as the outcome of the CRB check(s) is known, whichever is sooner. Managers should track the progress of the assessment and record the reason for delay using a Case Note e.g. Criminal Records Bureau (CRB) check not completed within 42 days.

The outcome of the Criminal Records Bureau (CRB) check should be recorded on the carer's record. A record should be made of the reference number of the CRB form, date returned, any issues raised, discussion of these issues with the carer and discussions with the Senior Care Manager. The agency's copies of the CRB forms should then be forward to the  shredded.

The social worker undertaking the assessment must arrange for checks on the foster carer, all members of the household and frequent visitors over 18 to be made with the Criminal Records Bureau (CRB) and Children's Social Care Services including the Child Protection Unit (including for the areas of any previous addresses). The social worker should also seek written references and arrange to visit the personal referees. Records of all checking activity made on the child's record in respect to the carer should be copied to the carers record.

The Private Foster carer will be seen by the social worker and the Lead practitioner Private Fostering during the assessment and will be given advice on their responsibilities and available support. See Section 14, Support for Private Foster Carers, Children and Parents

The assessment will consider the following:

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

Following the format laid out in the ICS.

The Social Worker on completing the assessment report on ICS should notify the Lead Practitoner Private Fostering who will read the report and if necessary make comments. Their Service Manager will send written notice of the decision to the foster carer and the parents, including any requirements, exemptions or prohibitions imposed - see sections on Section 8, Imposing Requirements on Foster Carers Procedure, Section 9, Limit on Number of Children Procedure and Section 10, Prohibition and Disqualification. A letter should also be sent to the young person, if not they should be informed in a manner suitable to their age or understanding.

If the applicant wishes to have the decision reviewed they should respond in writing within 28 days and it would be considered by a sub committee of the fostering panel who would make a recommendation to the Service Manager who would again write to the applicant with the decision.

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 – see Core Assessment Procedures.

In the event of a refusal of any person to cooperate with the making of the necessary checks, the social worker should advise the foster carers that they cannot be recommended as suitable and advise the parents of the reason why alternative arrangements will have to be made for the child (this must be recorded on the carers record as well as the child's). 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 foster carer assessment, for example as a result of the Criminal Records Bureau checks, which may preclude the person from fostering a child, the social worker should prepare a report to the Service Manager Immediate consideration should also be given to the arrangements for the child and if necessary child protection procedures should be followed.

See Section 10, 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 Local Child Protection Procedures, and legal advice should be sought as necessary.

7. Financial Support for Foster Carers

Financial support by the local authority to sustain an otherwise satisfactory placement may be considered in exceptional circumstances and where appropriate, the social worker should seek the approval of the relevant manager (see Appendix 3 for delegated financial authority) for such assistance to be given.

In order to obtain the necessary approval, the social worker should complete a C87 form before or at the time of the placement, and pass it to the social worker’s team manager. Once the approval in principle has been given, the social worker should arrange for the foster carers to complete a financial assessment form. 

Once the completed financial assessment form has been received, it should be sent to the relevant manager (see Approved Signatories Document) for the calculation to be completed and the level determined in accordance with the scales agreed from time to time. 

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.

See also section on financial support in Children in Need - Relative and Carers Allowance Procedure

8. Imposing Requirements on Foster Carers

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

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

Any requirements imposed must be specified in writing, together with reasons.  Written notice of any requirements imposed, together with the reasons, will be sent to the foster carer and to the parent by the social worker responsible for the assessment. The foster carer will also be advised of the right to appeal against the requirement to the Magistrates’ Court. Copies of correspondence sent to the carers should be uploaded to the carers record.

9. 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 Principle Care Manager. 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. Copies of correspondence sent to the carers should be uploaded to the carers record.

10. 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.

The fact that a Foster Carer is Disqualified 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 Service Manager 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 ask for the decision to be reviewed by the Foster Panel sub committee they would then have recourse 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. Copies of correspondence sent to the carers should be uploaded to the carers record.

11. 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  Service Manager 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.

12. Visits to the Foster Home

1. Frequency

Visits to children who are Privately Fostered are known as Regulation 8 visits. The visits by a social worker from the Area Office 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 the relevant social work team.

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 the procedure on Initial Visit to Foster carers - see Section 5, Initial Visit to Foster Carers.

The overall purpose of all visits is to encourage the maintenance and improvement of child care standards and check that the child’s needs are met within the foster placement and in particular:

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 written 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. 

Visits that are made following the approval of the Private Foster Carers are recorded on ICS using the private Fostering Arrangement Record (Visit under regulation 8) and must be authorised by the manager. A case note should also be made noting that the Regulation 8 visit has taken place. (Completing the Private Fostering Arrangement Record does not automatically create a Case Note)

4. Unsatisfactory care

Where there are concerns about the child’s care, the parents should be advised and consideration should be given to invoking the Assessment Framework and/or Local Child Protection Procedures.

13. Review of Foster Carers

CRB and other agency checks are updated on a three yearly basis. The carers file on Cirvica will hold the record of checks

The suitability of the foster carer should be reviewed annually by the social worker. The SCM would chair the review if there were concerns.

At present, there is no format for reviews within the Private Fostering Pathway of ICS. Reviews should be undertaken using the Private Fostering Arrangement Assessment Record with a Case Note indicating that the report is in fact now a review.  The social worker will write to both the child's parent and the carers notifying them of the outcome of the review Copies of correspondences sent to the carers should be uploaded to the carers record.

14. Support for Private Foster Carers, Children and Parents

The Lead practitioner Private Fostering is responsible for coordinating the development of support activity and can be contacted for advice by Private Foster carers and social workers.

The Lead practitioner Private Fostering will jointly visit Private Foster carers with the social worker during the Assessment. See Section 6, Assessment of Foster Carers

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 fostering 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 family placement worker involved with the social workers for such children.

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

16. After the Placement

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

A child who has been privately fostered after the age of 16 falls within the definition of a Qualifying Young Person for the purposes of the Leaving Care procedures. A young person aged 16 or 17 who was previously privately fostered may also be a Child in Need.

Unless a young person has a disability, private fostering ends at 16. Children's Social Care 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 as a qualifying care leaver up to the age of 21.

Where a young person requests help from the Leaving Care Service, he or she will be supported as a qualifying care leaver. 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. Support 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 Procedures.

17. Death of a Privately Fostered Child

Where a privately fostered child dies, the social worker must visit the foster carers to offer support and assistance in notifying the parents. A record of the visit should be recorded on the carers record.

Consideration should also be given to whether there are any child protection issues and whether to invoke Child Protection Procedures.

End