Private Fostering

A privately fostered child is a child under 16 (or 18 if Disabled) who is cared for by an adult who is not a "Close Relative", and the child is to be cared for in that person's home for 28 days or more. The period for which the child is cared for should be continuous, but that continuity is not broken by the occasional short break.

A “Close Relative” is a parent, grandparent, aunt, uncle, sister or brother (whether by full blood or half blood or by marriage or civil partnership) or stepparent. Great grandparents are not classed as "Close Relatives" and the partner of a birth parent must have been married to the parent to be classed as a "Close Relative".

A child is privately fostered if they live with the following relatives:

A child is privately fostered if they live with the following relatives:

• Cousins;
• Great grandparents;
• Stepparents (if not/have not been married to birth parent, as recognised under UK Law);
• Step grandparents/great grandparents;
• Family friends.

Children under 16 who spend more than 2 weeks in residence during holiday time in a school, become privately fostered children for the purposes of the legislation during that holiday period.

Within  Derby City we consider children in private fostering arrangements to be children in need. We consider that without the provision of services, this group of children may have a higher likelihood of not achieving or maintaining, a reasonable standard of health or development.

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. Where no prior notification of a placement is given, private foster carers must notify the local authority of the placement immediately; this can be done online at: report concerns about a child 

The local authority has legal duties towards privately fostered children/young people and must satisfy itself that the welfare of children who are, or will be, privately fostered within their area are satisfactorily safeguarded.

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 5 years;
4. The name and addresses of the child's parents and any other person who has parental responsibility for the child (if different); and 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 they or any other member of the household has been convicted;
• Any disqualification or prohibition placed on them or any other member of the household which prevents them from caring for a child;
• 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 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 their 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.

The local authority is required to deal effectively with situations where a private fostering arrangement has come to their attention but has not been notified in accordance with the regulations and to ensure that an appropriate decision is taken where it appears that an offence has been committed, bearing in mind the best interests of the child. Consideration should be given through supervision and guidance between the locality social worker and team manager as to whether legal advice should be given that failure to notify the local authority could be deemed as a prosecutable offense. Ultimately the decision rests with the Head of Service Children Social Care Fieldwork.

A person will be committing an offence if they:

• Foster a child when disqualified from doing so without the written consent of the local authority;
• Foster a child in a household where a disqualified person, who does not have the local authority's consent, lives or works, unless they can prove that they did not know and had no reasonable grounds for believing that such a person lived or worked there;
• Accommodate a privately fostered child in any premises in contravention of a prohibition imposed by a local authority;
• Fail without reasonable excuse to give any notice or information required by the CA 1989 or regulations within the specified time for doing so;
• Make or cause or procure another to make any statement in the notice or information which they know to be false or misleading in a material particular;
• Fail without reasonable cause to comply with a requirement imposed by a local authority;
• Refuse to allow a privately fostered child to be visited by an officer of the local authority;
• Intentionally obstruct an authorised person seeking to inspect a child or premises under the CA 1989;
• Knowingly publish, or cause to be published, an advertisement which does not state the name and address of a person advertised as arranging or undertaking private fostering.

When notification or information is received from any source that a child is privately fostered, this information must be passed to Children's Social Care for the area where the privately fostered child resides.

See also Appendix 1: Practice Guidance.

When the Notification is received by Initial Response Team or via VCM, they should contact the appropriate Locality Team and the Family and Friends Team, and the case should transfer on the first working day.

Within 7 days the following initial tasks should take place, supported by a joint visit between the Allocated Social Worker (Locality Team) and the Family and Friends Worker.

Private Fostering Assessment

The Local Authority have a duty to assessment private assessment carers, in cases where consent is not given by parents. Parents/Person with Parental Responsibility should be advised to seek legal advice, if they do not want the child to reside in the arrangement, but where the private foster carer is consenting to the assessment then it should be completed.

A private fostering Assessment should be completed within 42 working days of the Notification date, this needs to be triggered on the case management system within 24hrs of the notification.

The assessment needs to take account of the outcome of the PNC or DBS checks, and References before it can be completed. Therefore the social worker undertaking the assessment must arrange for checks on the private foster carer, and all members of the household, including frequent visitors aged 16 and over to the Disclosure and Barring Service and Children's Services records (including for the areas of any previous addresses) to be completed as soon as possible after the Notification Date.

 If the DBS is not completed within the 42 Working days of the assessment, the assessment can be completed with the information gathered from the PNC checks, which should have been completed by the Locality Social Worker within 48hrs of the Local Authority receiving the notification to ensure that there are no immediate safeguarding concerns in respect of the private foster carers.

If the assessment is completed based on the PNC checks, then the Family and Friends social worker should make this clear in the assessment, and state what further action should be taken in the event of new information being disclosed that the Private Foster Carer has not shared during the assessment.

In cases whereby the assessment is concluded based on the PNC checks, the he Family and Friends social worker should  seek written references and arrange to visit the personal referees. The outcome of the PNC check, DBS and References should be recorded on the carer's file only.

The assessment will consider the following:

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

A report on the assessment should be presented by the Family and Friends Social Worker to their team manager for a decision to be made. Written notice of the decision must then be sent to the private foster carer and the parents, including any requirements, exemptions or prohibitions imposed.  The private fostering assessment can be signed off prior to having the DBS returned, if no other safeguarding concerns have been highlighted. Once the DBS has been received this needs to be case noted on the private foster carers file.

In the event of a refusal of any person to cooperate with the making of the necessary checks, the Family and Friends social worker should advise the private foster carers that they cannot be recommended as suitable and advise the parents/ person with parental responsibility 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 PNC or Disclosure and Barring Service checks, which may preclude the person from fostering a child, the social worker should discuss the circumstances with their team manager (Family and Friends Team) and complete the assessment with the information collated to date.

The Family and Friends Team Manager must inform the Locality Team Manager, and they both  must consider whether the child can remain with the private foster carer and what if any safeguarding arrangements for the child needs to be put in place.

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 child protection procedures and legal advice should be sought as necessary.

If changes occur to the Private Foster Carer’s family or family circumstances, a new private fostering Assessment should be completed to assess the carer’s ability to continue to meet the care and welfare of the Child/Young Person. In this event and if the case has transferred to Level 2 Services, it is expected that Level 3 Social Work Team and Level 2 Services will work together to enable the completion of this assessment.

Single Assessment

A Single Assessment should be completed by the allocated locality social worker alongside the private fostering Assessment and the child will need a Child In Need Plan. The Single Assessment must be updated every 12 months or if a significant event occurs. Where the case has transferred to Level 2 Services, it is expected that Level 3 Social Work Team and Level 2 Services will work together to enable the completion of this assessment.

Important to Note:

A private fostering arrangement should not be a long-term care solution for a child and the private foster carers and those who hold parental responsibility should be encouraged to consider other longer term care options following the completion of the assessment, if the child is unable to return home.

Imposing Requirements

The local authority has power to impose requirements on private foster carers.

Requirements may include:

1. The number, age and sex of the children who may be privately fostered;
2. The standard of accommodation and equipment to be provided for them;
3. The arrangements to be made with respect to their health and safety;
4. Particular arrangements which must be made with respect to the provision of care.

Requirements can relate to an individual child or a category of children.

A requirement may include a time-scale within which the private foster carer must take the necessary action. If the requirement has not been met within the time scale a decision must be made as to further action required, which may include a prohibition.

Any requirement must be imposed by notice in writing setting out:

• The reason for imposing the requirement;
• The right of appeal;
• The time limit for an appeal.

The maximum number of children privately fostered in any one household must not exceed 3, who are not siblings, at any one time unless there are exceptional circumstances.

Any request for exemption from this limit must be made to the Head of Service Children Social Care Fieldwork. The request must contain the following information in writing:

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 private 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 private foster carers.

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 Head of Service Children Social Care Fieldwork recommending that the private foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out below must be followed.

Disqualification

Certain individuals are automatically disqualified from being private foster carers due to past activities or offences as contained in Disqualification from Caring for Children (England) Regulations 2002.These are anyone who is/has:

• Parent of a child who has at any time been subject to a Care Order;
• Has had a child removed from his care under a Care Order, deemed Care Order or similar statutory order;
• Has been convicted of a specified offence, including any offence involving bodily injury to a child;
• Has been refused registration, or had registration cancelled, for provision of nurseries or day care or child minding;
• Has been refused registration, or had registration cancelled, in respect of a children's home or voluntary home;
• Has been concerned financially or in the management of a children's home or voluntary home where the registration of any person has been cancelled;
• Has been prohibited from fostering at any time.

The Regulations require persons who are privately fostering or who notify of their intention to do so to tell the local authority about any disqualifications.

If any information comes to light during the course of the assessment as a result of which the private foster carer is considered unsuitable, for example as a result of the Disclosure and Barring Service checks, which may preclude the person from fostering a child, the social worker should advise the parents of the reason for such a conclusion and that alternative arrangements should be considered in the single assessment of what is the best outcome for the child/ren.

In the event that the parents/ person with parental responsibility decline to make alternative arrangements or where they 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 Child Protection Procedures and legal advice should be sought as necessary.

Where the social worker considers that it would be appropriate to approve a private foster carer despite the fact that he or she or a person in the household is disqualified, the single assessment must be presented to the Head of Service Children Social Care Fieldwork for consideration.

If it appears a person is a Disqualified Person (Private Foster Carer) and should be disqualified, the decision should be made by the Head of Service Children Social Care Fieldwork and reasons should be recorded. The decision and reasons should be discussed with Legal Services.

Lifting of Disqualification

The local authority has discretionary powers to lift the disqualification and thus allow the person to privately foster.

These powers should be used only in exceptional circumstances and any consideration given to lifting disqualifications will be subject to the approval of the Head of Service Children Social Care Fieldwork having regard to any legal advice having been obtained. In order to make this decision, the Head of Service Children Social Care Fieldwork will require the following information:

• The date of the offence or Court Order;
• The type of offence or Court Order;
• The person's activity and involvement with children since the offence or Court Order;
• The background information related to the offence or Court Order.

The Local Authority must be satisfied that the welfare of the child concerned would not be prejudiced by the lifting of the disqualification.

The information required for the decision to be made should be obtained by the allocated social worker and a report covering the above details should be submitted to the Head of Service Children Social Care Fieldwork.

If the Head of Service Children Social Care Fieldwork refuses to lift the disqualification, the person should be informed in writing of the reasons and they should be informed of their right to appeal and the time limits.

Prohibition

The local authority has the power to prohibit individuals from privately fostering children if they are of the opinion that:

• The person is not suitable to privately foster a child;
• Their premises are not suitable for private fostering;
• It would be prejudicial to the welfare of the child for them to be accommodated by that person in those premises.

Local Authorities are encouraged to use the power of prohibition where it is necessary to enforce requirements.

All decisions to issue a Prohibition should be taken by the Head of Service Children Social Care Fieldwork in consultation with Legal Services. Legal advice should always be sought when considering imposing a prohibition.

A prohibition must be sent in writing to the person on whom it is being imposed, specifying reasons and providing information about the right to appeal and the time limit for the appeal. This information should be clearly noted on the proposed/private foster carers file on the case management system

The child's parents should be fully informed and advised to remove the child from the private fostering arrangement. In some circumstances the authority may need to consider taking action to safeguard the child's welfare e.g. if the parents are not in the country or are in custody.

Persons on whom a prohibition has been imposed are disqualified from private fostering, from running or being employed in a children's home, voluntary home, day care or child minding. Where it is known a prohibited person is working in one of these settings all reasonable steps should be taken to notify the setting. This may include seeking advice from the Local Authority Designated Officer.

Local authorities may cancel a prohibition if they are satisfied that the prohibition is no longer justified.

In those cases when it is not necessary to prohibit the placement but when a placement has been deemed unsuitable, reasons for the findings should be sent in writing to the proposed/private foster carer and the reasons clearly noted on the proposed/private foster carers electronic file.

The child's parents should be fully informed and advised to remove the child from the private fostering arrangement. 

Action to be Taken in the Event of a Prohibition being Issued

Where a decision is made to prohibit a foster carer from fostering, the foster carer and the parent must be advised immediately of the decision and the reasons. The social worker must advise the parent to make alternative arrangements for the child. The parent must be offered advice and information on what alternative arrangements can be made for their child and what support Child In Need support can be offered to safeguard the child's welfare. In order to determine the best outcome for the child should be considered in a single assessment.

In the event that the parents decline to make alternative arrangements or where the parents/ person with parental responsibility cannot be found, the social worker should consider whether any action may be required to secure the child's safety under Child Protection Procedures and legal advice should be sought as necessary.

A prohibition must be sent in writing to the person on whom it is being imposed, specify reasons, and contain information about the right of the person to appeal and the time in which he/she may do so.

Where a decision is made to prohibit a private foster carer from caring for a child, reasons for the decision must be recorded. Written notice of this decision together with reasons must be sent by hand or recorded delivery post to the private foster carer and to the parent/ person with parental responsibility by the allocated locality Social Worker.

Cancellation of Prohibition

A prohibition may be cancelled if it is considered that the prohibition is no longer justified. The decision to cancel must be taken by the Head of Service Children Social Care Fieldwork in consultation with Legal Services.

In order to make this decision the Head of Service Children Social Care Fieldwork will require the following information:

• The date of the prohibition;
• The reason for prohibition;
• The background information related to the prohibition being imposed;
• The reasons for considerations being given to the prohibition being cancelled.

Representations Procedure

Representations can be made by carers in relation to requirements, prohibitions, refusal to make an exemption, a condition imposed in an exemption or a variation or cancellation of an exemption. Any challenges will be subject to the same challenge process and timescales.

When a decision is made to impose a requirement, prohibit a private foster carer from caring for a child, refusal of exemption, imposing conditions or variation/cancellation of exemption, written notice of the decision must be sent by the social worker, to the applicant within 7 working days of the decision being made.

The applicant will be advised in the written notice that if he or she wishes to challenge the decision, representations should be submitted to the Head of Service Children Social Care Fieldwork in writing via the nominated social worker. The locality social worker must receive written notification of the carers wish to challenge within 28 days of the date of the written notice of the decision.

If written representations are made within the period, the matter must be referred to the Head of Service Children Social Care Fieldwork for further consideration. The locality social worker will advise the private foster carer within 7 days of the date of this consideration either confirming or amending their previous views.

Written notice of the final decision, together with reasons, must be sent to the private foster carer within 7 working days of the consideration.

Once notice has been given of a final decision to impose a requirement on a foster carer or to prohibit a foster carer from fostering, the person concerned has 14 days in which to appeal to the Magistrates Court. During this period, the requirement or the prohibition has no effect. The parent/ person with parental responsibility must be kept fully informed of this process. This does not apply to a prohibition.

As soon as the social worker receives information that an appeal against a decision is to be made, Legal Services should be notified.

Derby City Council is not financially responsible for Privately Fostered Children. It is an expectation that financial support is agreed between the Parents and the private foster carer this would include the private foster carer claiming Child Benefit and Universal Credit if appropriate.

In exceptional circumstances, financial support by the local authority to sustain an otherwise satisfactory placement may be considered and where appropriate, the social worker should seek the approval of the relevant manager for such assistance to be given. The relevant manager will confirm the amount of the financial support in writing. Any agreed ongoing financial support will be recorded as part of a Child in Need Plan.

Child in Need Reviews.

An Initial Planning Meeting must take place within 15 working days from completion of the assessment and be chaired by a Child Protection Manager. Subsequent Reviews will be independently chaired by a Child Protection Manager with the second review taking place within 8 weeks of the initial review and then every 4 months minimum thereafter; the frequency will need be proportionate to the level of need and complexity of the plan at the current time.

After 12 months, for long term stable placements, consideration should be given as to whether these arrangements can be managed by Early Help, subject to agreement from the Child Protection Manager and a decision will be made on the frequency of further reviews based on the circumstances of the case.

Where cases are held by Early Help, the child will continue to have a Child in Need plan and the Child Protection Manager should continue to chair reviews. These reviews will also consider the ongoing suitability of the private foster carers to look after these child(ren).

See Requirements for Reviews and Requests for CIN Review by Child Protection Manager in the Child in Need Plans, Work and Reviews Procedures.

The Private Fostering Panel

The Private Fostering Panel meets on an 8-weekly basis and is chaired by the Head of Service Children Social Care Fieldwork (delegated to the Deputy Head of Service).

As well as providing managerial oversight and decision making on assessments, requirements, disqualifications and prohibitions, the members of this meeting have an important compliance and quality assurance role.

The members of this meeting include the Family and Friends Team Manager, Deputy Heads of Service representative from Children’s Social Care and Quality Assurance.

The meeting will decide on the suitability of a private fostering arrangements and carer. Where the arrangement is not deemed as suitable, the meeting will recommend appropriate action to the appropriate social work manager.

Other functions of the panel include:

Where the arrangement is not deemed as suitable, the meeting will recommend appropriate action to the appropriate social work manager.

Other functions of the panel include:

• Tracking the progress and outcome for every privately fostered child the Local

Authority has been notified of.

• Checking what other action, if any, is taken to ensure that the welfare of a privately

fostered child is being satisfactorily safeguarded or promoted (e.g. child protection

measures).

• Evaluating action taken to raise staff, partner agencies and public awareness and the effectiveness of those campaigns and activities.
• Reviewing how the service responds to notifications received.

Actions and recommendations resulting from the reviews and scrutiny by the monitoring panel are incorporated into the plan of work on Private Fostering and other services as appropriate. This is to ensure that the service continues to develop, that there is robust monitoring of the impact of awareness raising activity, early identification of gaps within the service and so that examples of improved performance are captured and built upon.

Visits by a social worker must be made to the child and the foster carer at the foster home within 7 working days of the placement, or the date when notification was received if later, and then visits will be made every 6 weeks in the first year by a social worker. It is important that the first visit is recorded on LCS in a case note titled  - private fostering initial visit.

In subsequent years, visits must be at least 3 monthly.

The need to visit more frequently will be decided by the social worker and their 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 private foster carer.

Private foster carers should be offered training applicable for their role. Details are provided in Appendix 4: Private Fostering a Guide for Private Foster Carers.

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 should be offered the services of an Advocate if age appropriate and a referral made to the identified Advocacy agency. See: Advocacy and Independent Visitors Procedure.

The purpose of and matters to be discussed at the first visit after the child's placement are set out in Section 4, Action to be Taken on Receipt of Notification, Including Initial Visit.

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 private 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 their 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/ person with parental responsibility and the private 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 private foster carer as necessary, for example in relation to the maintaining of the child's links with their 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 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.

Where local authority foster carers notify their intention to privately foster a child, they will be advised of the differences between their two roles and the supervising social worker will normally carry out the assessment and update Fostering Panel. The fostering procedures will be followed accordingly.

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 Social Care will review the young person's circumstances and future plans as they approach 16. Where a young person remains with the private foster carers after the age of 16, but requires continuing support, they should be assisted as a Child In Need. Where the young person moves to independent living, support can be provided to them up as they will fall within the definition of Qualifying Young People. (Note that the Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers acknowledges that some 'Qualifying children' will be as vulnerable and have similar support needs as those who are Eligible, Relevant or Former Relevant).

Support may include advice, befriending and discretionary financial assistance where the young person has no other means. It will be provided at the request of the young person on the basis of assessment of need and can continue up to the age of 25 or beyond if the young person is in higher education, up to the end of the course. Note that in these circumstances, it is possible also for the local authority to also provide vacation holiday accommodation.

Any request by the young person should be made to the local authority in which they are resident or where the education and training is being provided.