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Contents

1. Legal Framework
2. Definitions
3. Policy
4. Procedure
   
   Summary of Procedure
   
   Appendix 1: Letter to Private Foster Carers
   Appendix 2: Standard Letter to Parents
   Appendix 3: Declaration Regarding Suitability to Foster Children Privately
   Appendix 4: Initial Assessment Record - Private Fostering
   Appendix 5: Format to Document Statutory Private Fostering Visits

1. Legal framework

• Children Act 1989: Part 1X and Schedule 7 and 8, as amended by section 44 of Children Act 2004
• The Children (Private for Fostering) Regulations 2005
• Children Act 1989 Guidance on Private Fostering, issued in 2005
• National Minimum Standards for Private Fostering 2005
• The Disqualification for Caring for Children (England) Regulations 2002
• Further guidance can be found on the Every Child Matters Website

2. Definitions

A care arrangement is considered private fostering when a child under the age of 16, 18 if disabled, is cared for by someone other than a parent or close relative with the intention of it lasting for 28 days or more.  The care should be continuous.  The continuity is not broken by the occasional short break.  Under the Children Act 1989 a relative is defined as grandparent, brother, sister, step-parent, uncle or aunt by full blood, half blood, or by marriage.  A private foster carer may be from extended family such as cousin or great aunt.  Other examples of private foster carers include a friend of the family, the parent of a friend of the child, or someone previously unknown to the child's family who is willing to privately foster a child. 

Children are not considered to be privately fostered if:

• In any children's home
• In accommodation provided by or on behalf of any voluntary organization
• In any school in which he is receiving full-time education
• In any health service hospital
• In any residential care home, nursing home or mental nursing home
• In any home or institution not specified in this paragraph but provided, equipped and maintained by the Secretary of State
• A full list of exemptions can be found under Schedule 8 of the Children's Act 1989

If a child(ren) is being moved to different homes within periods of 28 days or less to avoid notification to the local authority.  This could be detrimental to the child(ren)'s welfare and prevent the local authority from undertaking its duties with respect to the child.  In this situation even though the child may be with different carers, the multiple placements are to be viewed as one. 

This definition implies there is a partnership between the parents and the appointed carers.

3. Policy

Children and Young People Division will implement its responsibilities towards privately fostered children under the Children Act and associated regulations by:

• Providing awareness within the community regarding private fostering.
• Ensuing that professionals who work with children within the borough are aware of legal responsibilities towards privately fostered children, in order to promote an accurate rate of notification. 
• Safeguarding and promoting the welfare of privately fostered children by promptly assessing all private fostering situations and by visiting at the prescribed frequency. This may include using the authority to terminate arrangements where these are assessed as being against children's best interests.
• Working with the child's parent(s) or guardian(s) in order to ensure appropriate long term plans, including contact - in most instances this will mean that children return to their parents' care.
• Providing services under Section 17 where appropriate to the privately fostered child or other members of the family and by facilitating access to health, education and voluntary sector services.

4. Procedure

4.1 Introduction

These procedures will apply to all staff within the Children and Young People Division. 

Private fostering arrangements are private agreements between the child's parents (or those with parental responsibility) and the carers, in which the role of the local authority is 'regulatory, supervisory and advisory' in ensuring that the child's welfare is 'satisfactorily safeguarded'. Private foster carers are not 'approved' under these procedures; they are vetted to ensure that there is no aspect of the carers themselves, their household or premises that make the arrangement inappropriate.  The situation is thereafter monitored at specified frequencies. Parental responsibility remains with the parents at all times.

All private fostering arrangements should be notified to the authority by the child's parents and the prospective carers 6 weeks in advance of the arrangement, but not more than 13 weeks before.  In the case of an emergency, notification should be received within 48 hours of the child arriving in the foster home. This notification should be sent to the Referral and Assessment Team for the area in which the prospective carers live.

More commonly, private fostering situations will be identified as part of a referral for assessment or services. It is therefore important that the authority's responsibilities to the child as a child in need are considered alongside these procedures.

Throughout the document the term child encompasses child, children, young person or young people. 

The use of the term parent refers to parent, parents, carers and persons with parental responsibility.

4.2  The Duties of the Local Authority:

The Local Authority has an overall duty to satisfy itself that the welfare of children who are privately fostered in their area is being satisfactorily safeguarded and promoted (Children Act 1989 S17-19, Sch 2). 

Duties include ensuring:

• That the parent is aware of the arrangements.
• That neither the carers themselves nor any member of their household are either prohibited from fostering or found to be unsuitable for the task.
• That the premises are suitable in terms of good repair, comfortable and hygienic, that safety measures are observed and that there is furniture and equipment appropriate to the child's age and needs.
• That the child's health, educational, social, religious and cultural needs are met and his or her wishes and feelings are taken into consideration.  The child must be seen on his or her own, unless if it is seen as inappropriate and these reasons must be documented in the report. 
• That the arrangements for contact are appropriate. 
• That the required records of contact with all parties are kept up to date. See Appendix 5: Format to Document Statutory Private Fostering Visits.

These responsibilities are implemented through an Initial Assessment Visit completed within 10 working days of the date of the referral, through taking up network checks with other professionals, requesting an enhanced CRB check and through maintaining regular oversight of the placement - as a minimum 6 weekly during the first year, thereafter 12 weekly.  In undertaking these responsibilities effectively workers will need to ensure carers are aware of the need for ongoing visits.

New referrals will be assessed by the Referral and Assessment team for the area in which the child will be residing.  If the placement is assessed as meeting the child's needs the case will transfer to the Child in Need Team for 6 months.  Should the placement continue, the case would then transfer to the Looked After Children Team.  When a private fostering arrangement is made on a case that is already open and allocated within a team (Safeguarding and Care Planning or Children's Disability Team) the case will remain within the allocated within team. 

The Local Authority does not approve private foster carers under the Children Act 1989.  It instead supervises and regulates these placements. 

The Local Authority can prevent an individual from becoming a private foster carer according to Sections 68 and 69 of the Children Act 1989.  some examples include:

• The carer had been convicted of or cautioned for any offence against a child and/or has been placed on probation or discharged absolutely or conditionally for any such offence or if this applies to any adult living in the household
• If the carer had previously been prohibited by the Local Authority from being a foster carer
• If the outcome of the assessment finds the proposed carer is not suitable to privately foster a child
• If the premises in which the child will be, or is being accommodated are found to be not suitable
• If it is found care by the proposed or current individual would negatively impact the child's welfare
• The requirements being imposed by the Local Authority are not achievable by the carers

  Should Bromley find the placement to be unsatisfactory, the parent should be informed as soon as possible.  The potential carer should be informed in writing as to

• The reason for the Local Authority's decision to find the placement unsatisfactory
• The potential carer's right to appeal under paragraph 8 of Schedule 8 to appeal against the decision within 14 days of the date of notification. 

  If the Local Authority is not satisfied that the welfare of the privately fostered child is being safeguarded or promoted, it must, unless the assessment shows it would not be in the best interest of the child, ensure the care and accommodation of the child is undertaken by:

• A parent
• A relative
• Consideration should be given to the extent, if at all, Bromley should exercise its functions under the Children Act 1989.  If there are Child Protection concerns see Section 5.

Under Schedule 8 Paragraph 6(1), Bromley may impose requirements and a specific period of time for the requirements to be fulfilled on the person who intends to privately foster a child or already is privately fostering a child.  These requirements should be provided to the carer in writing.  These may surround:

• The number, age and sex of the child who may be privately fostered by him/her
• The standard of the accommodation and equipment provided for the child
• Arrangements in relation to the child's health and safety
• Arrangements relating to the provision of care required

4.3.  Duties of the Private Foster Carer

Private Foster Carers have a responsibility to safeguard and promote the welfare of the child, and are empowered under the Children Act, Section (3) 5 to do what is reasonable to safeguard and promote the child's welfare. 

The Local Authority will expect the Private Foster Carer to notify of the following:

• The intention to foster a child and the date for the arrangement to start in accordance with Section 1.3. 

This information can be passed on by phoning a Duty Social Worker in the area they live.  In effect, this will be either the Penge or Orpington Office if they are resident in Bromley.

• The details of the carers', child's, and parent's, date of birth, religion, race, culture, and language. 
• Their address and contact details, as well as previous addresses, for purposes of the background checks.
• The full details of anyone living in the home with the child.
• The reason for the placement and intended duration for it.
• When the placement ends and the full contact details of the person into whose care the child was received. 
• Any convictions for an offence, disqualification or prohibition imposed on the carer or people living in the household and any further conviction for an offence, disqualification, or prohibition imposed on any member of the household. 
• If any person over the age of 16 who moves into or out of the home and his or her details.
• Any previous contact the family has had with Social Services, the reason for the contact and the Local Authority the carer worked with. 

During the initial visit the carer must give written consent to statutory checks.  This also applies to every member of the household over the age of 16. 

The private foster carer must allow the fostered child and the entire home to be visited by anyone employed by Bromley Social Services at any reasonable time.  See section 2.3 for schedule of visits.  In certain circumstances, the home may be visited unannounced. 

Should a private foster carer like further support outside of the Local Authority, The Fostering Network membership is available at the carer's expense.  Membership provides information and advocacy.

4.4 Duties of the Parent

In a private fostering arrangement, the parent always retains parental responsibility.  Under Section 2(9) a parent may arrange for a foster carer to meet some of the parental responsibilities, for example consent to medical treatment. 

The parent has a responsibility to inform Children and Young People Division of:

• Their intention to place a child in private foster care in accordance with the timescales listed in Section 1.4. 
• The full details, including name, sex, date of birth, religion, race, language of themselves, the child, and the proposed carer. 
• The child's full medical history and details of any educational needs.
• The purpose of the placement and intended duration. 
• The current address and telephone number. 
• The details of any siblings. 

The Department would expect the parent to:

• Participate in their child's future planning
• Provide information around the child's medical, cultural, educational, developmental, and emotional needs. 
• Establish a clear plan for the financial maintenance of the child. 
• Exercise PR as necessary.

4.5 Child in Need Issues

Any child in need issues that are part of the referral must be assessed and services provided in line with the assessment framework, children in need and eligibility procedures.

4.6 Safeguarding Issues

If any employee of the Local Authority becomes aware of any issues that mean the child is not being safeguarded chapter 5.34 of the London Child Protection Procedures must be followed.

End