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Contents

CAPTION: contents list

1.	Preamble
2.	Policy
3.	Introduction
4.	Procedure
	4.1	Initial Action
	4.2	S.47 Strategy Meeting and Initial LADO Meeting (ILM)
	4.3	Investigation and Action
	4.4	Concluding the LADO Process
	4.5	Return to the Fostering Panel
	4.6	Jargon Used
	4.7	Allegations Toolkit
	4.8	Allegations Flowchart

1. Preamble

This policy sets out Norfolk County Council's procedure where allegations are made against foster carers by children in care, and/or an investigation surrounding injury sustained by a child in foster care is required, including child sexual abuse. This policy aims to provide social workers and other professionals with a framework within which fair and proportionate investigations can proceed. Every case is fact specific, and nothing in this policy deflects from the need to consider each case according to its own facts and circumstances.

The policy aims to inform foster carers what they can expect from any investigation. Foster carers are an essential part of the package of support that local authorities provide to children in care. In many circumstances removal of a child in care from a foster carer and/or investigating a complaint made against a foster carer will involve the engagement of a foster parent's rights enshrined by Article 8 of the European Convention on Human Rights (right to respect for family and private life). Those who foster children are entitled not only to be treated fairly but also to be seen to be treated fairly. This requires professionals to consider in each case and at every stage what role foster carers should play in the particular circumstances of any investigation.

All those involved with a looked after child or an investigation surrounding a child should not lose sight of the fact that the child's safety is paramount. Article 3(1) of The United Nations Convention on the Rights of the Child (1989) demands that the best interests of the child are a primary consideration in all actions concerning the child. Where rights of parents and those of a child are at stake, the child's rights must be paramount. If any balancing of interests is necessary, the interests of the child must prevail.

Foster carers have access to the local authority's complaints procedure and are free at any stage in the investigation process to seek their own legal advice. Depending on circumstances, free legal advice may be available via Fostering Network membership.

2. Policy

All children are entitled to the same level and standard of protection from harm including those receiving services from statutory or other agencies. For this reason, enquiries and investigations relating to children in receipt of such services must be dealt with under the Local Safeguarding Children Partnership Inter Agency Procedures. Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk)

Working Together to Safeguard Children (2023) refers to local authorities having designated officers (LADO). These designated officers will be involved in the management and oversight of allegations/concerns against people that work/volunteer with children.

This Norfolk Fostering Allegations policy and procedure is in line with those from the Norfolk Safeguarding Children’s Partnership for dealing with Allegations Against Persons who work/volunteer with children (Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk), The Management of Allegations Against People Working with Children)

The allegations procedure focuses on where a person(s) of concern have demonstrated behaviour that they have:

• Behaved in a way that has harmed a child or may have harmed a child;
• Possibly committed a criminal offence against or related to a child;
• Behaved towards a child(ren) in a way that indicates they may pose risk of harm to children;
• Behaved in a way that indicates they may not be suitable to work with children.

(Therefore, consider transferable risk: This can be in relation to actions in their private life where they have behaved in a way which indicates they may not be suitable to work / volunteer with children)

Norfolk has developed a separate procedure Concerns About A Foster Carer (Concerns about a Foster Carer procedure) regarding situations where the threshold for a formal safeguarding LADO process was not met and there is agreement with the LADO that the concerns raised should be addressed separately through this process.

Where an allegation and/or concern has been raised in respect of a foster carer and there are more than 1 registered carer in the fostering household, the investigation into the allegation and/or concerns will include all registered foster carers in the fostering household. Please note LADO referrals must include all names of adults in the fostering household. 

Allegations or suspicions that a foster carer(s) has caused harm to a child will be investigated thoroughly, speedily and sensitively under those procedures and will involve open, honest and timely communication with and support to all those affected.

Allegations will be dealt with in a manner that provides effective protection and support for children and the person making the allegation, while at the same time supporting the person (s) who is the subject of the allegation.

Norfolk aim  that 80% of cases should be dealt within 3 months and all but the most exceptional cases should be completed within 12 months.

It is important to note that, although there may be insufficient evidence to support a Police prosecution, this does not mean that an internal investigation process will not take place, or that action cannot be taken to protect a child nor that the termination of a foster carer's approval cannot be considered.

It should also be noted that it may be necessary to consider during an investigation what action, if any, should be taken with regard to other children with whom foster carers against whom allegations are made have contact, including their own children.

Therefore, behaviour and actions of concern of a foster carer(s) in their private life will also be considered under this policy in order to consider any transferable risks to the children they have responsibility for (refer to the Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk))

Historic abuse allegations must also be considered under the same policy and allegations procedure (refer to the Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk))

3. Introduction

The expectation is that:

1. At the time of a child's placement, foster carers will be provided with detailed information as to the child's background and in particular the context of any abusive experiences of and/or previous allegations made by the child;
2. All foster carers will receive preparation, training and guidance to help them provide a safe environment for the child and all members of the foster family;
3. All foster carers will have received information about this procedure and the Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk) change to LADO procedures;
4. All foster carers will be familiar with and adopt the procedures for recording on a daily basis the progress of children placed with them, including reporting any incidents or complaints, and understand that these procedures have been made to protect all those involved in the child's placement, particularly at times of high stress, and will provide important evidence if an allegation is made.

In addition, in relation to the Fostering Service, it is an expectation of the Fostering National Minimum Standards 2011 that:

• The senior manager of the Fostering Service is identified to be the Designated Person who liaises with the LADO in all cases to which this procedure applies and manages the allegations process;
• All staff within the Fostering Service are aware of the requirements of this procedure, including the role of the Disclosure and Barring Service.

4. Procedure

4.1 Initial Action

Any person who receives information or suspects that a child has suffered or is suffering harm in a fostering household must immediately inform the child's social worker or their manager and complete a LADO referral. Please also see the Foster Care Whistle Blowing Policy.

The professional who receives  such information must act immediately:

• Inform their team manager;
• Inform the supervising social worker and fostering team manager;
• Inform the Local Authority Designated Officer (LADO) (a LADO referral form must be completed and must be submitted);
• The Team Manager (or their nominee) for the child will consider any immediate action to protect and safeguard the child. This will involve consideration for immediate referral to Children’s Advice and Duty Service (CADS/MASH) and or the relevant health professionals. This consideration should establish whether awaiting a LADO meeting may cause harm to the child or contaminate the investigation, in which case a S.47 strategy discussion will be needed, see 4.2 below.

The supervising social worker will:

• Inform the designated senior manager within the Fostering Service - see Section 3, Introduction; and, in consultation with the designated senior manager;
• Inform the social workers for any other child(ren) in the fostering household;
• Inform any other local authority with an interest in the fostering household;
• Complete the fostering background information form to be submitted to the LADO prior to an Initial  LADO Meeting.

The relevant team must implement the Multi-Agency Safeguarding Children Procedures in relation to the allegation/suspicion. The child’s social work team will gather relevant background information and convene a S.47 Strategy Meeting within 72 hours of the allegation/concerns being raised.

At this stage, the Regulatory Authority must be informed of the allegation/concern and the supervising social worker's manager must ensure that an invitation is sent to them to be represented at the S.47 Strategy Meeting (see Notifications of Significant Events for Looked After Children placed with Independent Fostering Agencies or in Children’s Homes / Notifications of Significant Events Procedure).

In exceptional cases where immediate action may be necessary to safeguard the welfare of the child and where a S.47 strategy discussion has taken place, the child’s social worker and his or her manager may decide to request that a new placement be identified. This decision must be agreed by the Assistant Director Social Work. The Local Authority has a duty to consult all interested parties when making significant decisions regarding a looked after child when relevant and reasonably practical to do so, this includes foster carers, parents, Independent Reviewing Officers and the views of the child. Any decision not to consult with a foster carer must be recorded by the child’s team manager and the fostering service. Please note with Section 47 enquiries in relation to fostering, the threshold is to have “reasonable cause to suspect”, a lower threshold than “reasonable cause to believe”.

4.2 S.47 Strategy Meeting and Initial LADO Meeting (ILM)

The Section 47 Strategy Meeting* will take place as soon as possible and within 72 hours of the allegation/concern. The purpose of the S.47 strategy meeting will be to decide if joint or single agency safeguarding investigation is necessary and, if so, who will undertake the child protection investigation. The following will be invited to a Section 47 Strategy Meeting:

1. The team manager or their nominee undertaking the Section 47 Enquiry;
2. The Independent Reviewing Officer for the child;
3. The child's social worker and his or her manager;
4. The Local Authority Designated Officer (LADO);
5. The supervising social worker for the foster carer, and his or her manager;
6. The police;
7. Any other agency involved with the child or foster Family, where considered appropriate;
8. A representative from the Regulatory Authority.

* In exceptional circumstances where there may be an immediate need to safeguard a child an urgent S.47 strategy discussion with the police and other agencies where possible will take place. This discussion will be led by the child’s team manager and must include the LADO (where possible), CAIU and the Fostering Agency.

A further Initial LADO Meeting may need to be convened and some of the same professionals as listed for the Section 47 Strategy Meeting will be invited.

The S.47 Strategy/ Initial LADO Meeting (ILM) must consider:

1. The LADO referral and seek confirmation of its accuracy regarding the nature of the allegation, its source and reliability;
2. Background information relating to the foster family, how long the family has been known, how many children have been placed there, the family's known strengths and weaknesses and any exceptional features about the child and the fostering household, and any other work or involvement with children;
3. The involvement of other agencies, for example if the child was placed by another local authority;
4. The need to inform other agencies who use the foster home;
5. Who will notify the Regulatory Authority of the safeguarding investigation taking place, if a representative is not present;
6. Consider whether the foster carer(s) hold any other position of trust role in order for appropriate information sharing and risk management to be considered;
7. The safety of all children in the household including the foster carer's own children and whether any action is necessary to protect the children including the removal of all or any of the children while the investigation is conducted (Please note: Decisions about removal of children from placement will not be made during an Initial LADO Meeting and this will only be considered as part of a Section 47 Strategy Discussion/Meeting or in further discussion outside of these meetings);
8. How the needs of any child who has to leave the placement will be met including contact with other children in the placement; the needs of the foster carers’ own children must be considered and where necessary, advice and support offered;
9. How and by whom the investigation is to be conducted. (It is important that careful consideration is given to the planning of criteria when a joint investigation is recommended);
10. In situations where the Police or Crown Prosecution Service recommend no further action then the LADO will review the planning and timescale for the final LADO meeting. The investigating senior social worker must interview all registered persons within the fostering household about all allegations and concerns. The fostering service is the lead agency in conducting the safeguarding investigation as part of the LADO process. An independent Senior Supervising Social Worker from the fostering service will be asked to complete the investigation and report. A Fostering Team Manager and/or Fostering Head of Service will authorise the report to ensure all areas of allegation/concerns have been addressed. The authorised investigation report and relevant appendices must be produced and made available to persons under investigation and LADO meeting participants. Please note third party information and/or sensitive information will be redacted where required;
11. The timescales for the investigation  will be agreed at the ILM and any contingencies should timescales prove unlikely to be met will be agreed with the LADO and relevant fostering manager;
12. How the child should be informed of the procedure to be followed and supported through the process;
13. Whether the alleged person(s) of concern should be asked to leave the home while the investigation is conducted and confirmation that the fostering manager will inform the foster carers of the allegation verbally and then in writing. The fostering team manager will ensure that the leaflet ‘Information for persons referred to LADO’ (Information for Persons Referred to the LADO Service) is provided to the foster carers;
14. Informing the child’s parents of the allegation/concern and devising a ‘communication strategy’ to ensure they are kept up to date (where this is appropriate). Also, to consider, depending upon the nature of the allegation, whether this impacts upon any contact arrangements that are in place. (Note that where a child is accommodated under section 20 Children Act 1989, the local authority do not have Parental Responsibility);
15. All investigations must ensure the voice of the child(ren) is captured within the report and considered within any recommendations made;
16. Agree how reports on the investigation will be shared with the foster carers and the information within the report is shared with the child or children in the fostering home;
17. Whether further placements should be suspended in the meantime;
18. Arrangements for reconvening the S.47 Strategy Meeting and/or to arrange a separate initial/review/or final LADO Meeting.

Whether or not the S.47 Strategy Meeting considers that the allegation/concern has any foundation, the matter should be investigated (by fostering services) unless there are exceptional circumstances, and the Regulatory Authority must be notified of the decision and actions from the S.47 Strategy Meeting/Initial LADO Meeting. Please Note: Just because the LADO has been invited to a S.47 strategy meeting does not mean a LADO process will automatically be opened.

The record of the S.47 Strategy Meeting/Initial LADO Meeting must contain clear action points and clear timescales for each action. The action points and timescales will be circulated within 48 hours after the meeting. Actions agreed must be recorded and be the responsibility of named individuals.

Copies of the action points and the record of the meeting should be held on the foster carer's records and reference to the LADO involvement, on the child’s file.

Any decision to take no further action following the S.47 Strategy Meeting/Initial LADO Meeting must be clearly recorded by the decision maker on the child's and the foster carer's records and reported to the Regulatory Authority.

4.3 Investigation and Action

In anticipation of the outcome of the investigation being reported to the Fostering Panel, the supervising social worker or their manager should contact the Panel Chair to consider whether a special Panel meeting will be required.

The actions agreed at the S.47 Strategy Meeting and Initial LADO Meeting should be implemented by those responsible within the agreed timescales.

Unless there are circumstances when the details or nature of the allegation/concern cannot be shared immediately, the foster carers should be advised of the allegation as agreed at the S.47 Strategy Meeting/Initial LADO Meeting and of the process to be followed in the investigation, including the possibility that an Initial Child Protection Conference may be convened in relation to their own children.

Where considered appropriate by those at the S.47 Strategy Meeting/Initial LADO Meeting, the foster carer(s) should be given the opportunity to respond to the allegation/concerns before any final decision is made about necessary action to protect the child and other children in the household. Such protective action may include asking the person against whom the allegation/concerns has been made to leave the household while the investigation is conducted.

Any decision to suspend making further placements with the foster carer(s) while the investigation is being conducted should be communicated in writing to the foster carer(s) by the team manager of the fostering service.

The supervising social worker (or a colleague from the fostering service) must contact the foster carers as soon as practicable after the foster carers are made aware of the allegation/concerns and explain their role to the foster carers. The fostering supervising social worker will detail and agree the support offered to the foster carers in writing to include the details of the Advice and Mediation Service. They must make clear their responsibility to report to the local authority, the Police and in some circumstances to the Court if any information relevant to the investigation comes to their attention. They must inform foster carers on how they will be paid whilst they are under investigation. Where a child has been removed after an allegation and an investigation is continuing the foster carer(s) will receive their full fostering payment for 2 weeks from the date of removal of the child. This will be followed by a retainer of £250/week until the date of a Final LADO Meeting or for 6 months, whichever is the earlier.

If further and/or new allegation/concerns come to light during the process of the investigation, these will be shared with all relevant parties and become part of the investigation and will be considered in the final LADO meeting.

The fostering supervising social worker will confirm that the foster carers are aware of the following.

1. The contents of this procedure and the relevant Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk);
2. The address and contact telephone number of the fostering network advice and mediation service – 01379 608977 identified to provide the foster carers support, including information regarding consulting a solicitor and on insurance arrangements for legal expenses;
3. The support they will receive from their supervising social worker, this must include the offer of weekly telephone calls and fortnightly support and supervision visits;
4. A copy of the leaflet ‘Information for persons referred to LADO’ (Information for Persons Referred to the LADO Service) is provided to the foster carers.

If an Initial Child Protection Conference is convened, the Conference Chair must be consulted in advance to discuss whether the foster carers should be invited to attend. In any event, the foster carers' views must be obtained for and communicated to the Conference.

The fostering service is the lead agency in conducting the safeguarding investigation as part of the LADO process. An independent Senior Supervising Social Worker from the fostering service will be asked to complete the investigation and report. A Fostering Team Manager and/or Fostering Head of Service will authorise the report to ensure all areas of allegation/concerns have been addressed. The authorised investigation report and relevant appendices must be produced and made available to persons under investigation and LADO meeting participants. Please note third party information and/or sensitive information will be redacted where required.

It is the foster carers responsibility to make a decision whether they wish to make any written submissions over and above what they have already provided within the investigation, for consideration at the Final LADO Meeting. This written submission must relate to the allegations/concerns being investigated within this process and is not an opportunity to voice any additional non relevant matters as this is not the focus of the allegation’s procedure.

Please note decisions must be made in the best interests of the child and a police investigation does not mitigate this duty. Practitioners should challenge the police where delay or inaction is impacting on the child’s best interest.

4.4 Concluding the LADO Process

The Final LADO Meeting will be convened to conclude the investigation and agree an adjudication.

The purpose of the Final LADO Meeting is to agree on the outcome of the investigation and decide on responsibilities for any further action including reporting on the matter to the Fostering Panel and/or considering whether it may be appropriate to make a referral to the Disclosure and Barring Service for inclusion of the foster carers on the Children's Barred List.

This meeting will be informed by  the authorised report completed by the Fostering Senior Supervising Social Worker. In advance of the meeting, the report must be shared with the foster carer and their views recorded. Foster carer(s) can make written submissions to the Final  LADO Meeting. It is the foster carers responsibility to make a decision whether they wish to make any written submissions over and above what they have already provided within the investigation, for consideration at the Final LADO Meeting. This written submission must relate to the allegations/concerns being investigated within this process and is not an opportunity to voice any additional non relevant matters as this is not the focus of the allegation’s procedure.

The authorised investigation report will also be shared with all attendees prior to the Final LADO Meeting date. If the foster carers choose to provide additional written submissions to the LADO these will also be shared with all attendees.

The LADO will give clear direction in terms of the adjudication options that are relevant to the outcome. The LADO has the deciding adjudication where there is a split decision, or if the LADO does not believe that the decision was appropriate, fair, or proportionate. Where there is no admittance by the person of concern, or caution or conviction, in respect of the allegations, meeting participants will make a decision considering all the information shared in the process. The adjudication is an informed professional decision based on the balance of probability, which is a lower threshold than beyond all reasonable doubt that is used in a court of law.

Please note a decision not to prosecute does not mean in absolute terms a person has not committed the acts alleged against them.

The Final LADO Meeting will agree how the outcomes of LADO will be shared with the foster carers. A visit should be undertaken by the fostering team manager and supervising social worker within 5 working days of the Final LADO Meeting to the foster carers. An outcome letter will also be sent to the foster carers detailing the outcome using the recorded delivery service. A record of the letter will be recorded on the carers’ file.

The letter should provide written summary of the allegations, outcomes and recommendations.

The supervising social worker  will offer the foster carer(s) the right to reply and this will be  detailed on their record.  There is no appeal to the outcome(s)/adjudication(s) of the Safeguarding LADO Process.

4.5 Return to Fostering Panel

If the outcome of the allegation/concern is ‘unfounded’, details of the unfounded allegation/concern will be noted at the foster carers’ next scheduled annual review. It is expected that the foster carers and their supervising social worker will have explored the impact of the allegation/concern and any learning from the issue in the review report.

If the outcome of the allegation/concern is ‘unsubstantiated’ a household review needs to be presented to the fostering Panel within 8 weeks of the matter concluding. The Panel will review your registration and ensure that any support and learning needs have been considered appropriately by the fostering service.

If the outcome of the allegation/concern is ‘substantiated’ a household review needs to be presented to the Panel within 28 working days of the matter concluding. The Panel will review your registration and ensure that any support and learning needs have been considered appropriately by the fostering service. If the allegation/concern is serious and substantiated it could result in the panel recommending deregistration.

If a review is agreed, prior to fostering Panel, (1) the foster carers and their supporter should have seen and had time to comment on the report being presented to the Panel. The procedure to be adopted for the fostering Panel will be the same as for any other foster carer review – see Review of Approval of Foster Carers (including termination and resignation) / Review and Termination of Approval of Foster Carers Procedure, with the addition of a full chronological report for panel and an account of the allegations/concern, subsequent investigation and the recommendations of the Final LADO Meeting. In all cases following an allegation taken to foster panel the ADM must be an Assistant Director.

In relation to the investigation, whatever the outcome, clear information must be retained on the  foster carer’s records. (2) The LADO Meeting record will not be shared with the foster carers.

In the event that the foster carer(s) makes a complaint about any part/person of this allegation process; the foster carer(s) should be referred to the relevant NCC Compliments and Complaints Policy, which sets out that investigations under these procedures will take precedence over any complaints process.

4.6 Jargon explained

CAPTION: Jargon explained

LADO	Local Authority Designated Officer. This is a safeguarding manager who is responsible for managing all allegations against people working/volunteering with children (under 18) in positions of trust and responsibility. The LADO will oversee the process of investigation into all allegations and/or ‘standard of care concerns’. The LADO does not personally undertake any investigations.
Section 47 or S.47	Child Protection Enquiry carried out under Section 47 of the Children Act 1989
S.47 Strategy Discussion	A S.47 strategy discussion is a decision-making process to establish if an allegation needs to be referred for a S.47 Enquiry. It will usually involve the police, the local authority, and the fostering service.
LADO Meeting	This is a multi-agency meeting to share information and make recommendations following an allegation/concern being made against a person in a position of trust. This meeting is chaired by the LADO.
ADM	Agency Decision Maker. The ADM is the person in the local authority who is responsible for making decisions about the registration of foster carers. All decisions about registration have to be ‘ratified’ by the ADM.
IRM	Independent Review Mechanism. A service that considers appeals about registrations if foster carers disagree with the ADM decision.
NMS	National Minimum Standards e.g., for Fostering, created by the Department for Education
Regs	Fostering Regulations

4.7 Allegations Toolkit

Having an allegation/concern made against you can be an enormous shock and even the most experienced foster carers can find it devastating. Research has found that foster carers who are prepared for this eventuality often cope better, so our top tips for being prepared are found below:

CAPTION: Allegations Toolkit

Take part in all training on allegations offered to you	When considering a new placement ensure you discuss any previous allegations made by the child
Have a safer caring policy and regularly update this with your fostering supervising social worker	Make a note of who to contact in the event of an allegation and make sure adult members of the household know where this is
Talk to your own children and extended family members about allegations and safer caring	Remember Norfolk provides out of hours support, if you are experiencing difficulties with the child behaviours, use this service – 01603 306 338
Keep detailed daily recordings; ensure these are read by your supervising social worker and shared with the child’s social worker	Build a good local support network which includes other foster carers and close family members and friends. Join a local foster carers’ support group or start one with other carers in your area
Ensure any marks or bruises on the child are always recorded and reported	Keep your Fostering Network membership details and telephone number to hand
Immediately report any serious incidents, arguments or altercations with or about a child in your care	Ensure you have a risk assessment for each child in placement and make sure it’s updated when necessary
Contact fostering network advice and mediation service – 01379 608977	They can provide you with support, including information regarding consulting a solicitor and on insurance arrangements for legal expenses
Further information for persons referred to LADO leaflet	Information for Persons Referred to the LADO Service

4.8 Allegations Flowchart

Click here to view the Allegations Flowchart.

End