Assessment and Approval of Connected Person Foster Carers

RELEVANT REGULATIONS

The Children Act 1989 and associated regulation and guidance

The Children Act 2004

The Fostering Service Regulations 2011

Care Planning, Placement and Case Review Regulations 2010

SCOPE OF THIS CHAPTER

This chapter explains the way in which people are assessed and approved if they are caring for children who are looked after that are not able to remain with their parents.

RELATED CHAPTERS

Placements with connected persons Procedure

Foster Panel Procedure

This chapter was added in January 2024.

1. Introduction

The purpose of this Chapter is to provide policy and procedural guidance to staff in relation to the placement of children with their relatives and friends.

The preferred option for every child who cannot live with their parents is to grow up in the care of their family or with an adult with whom they have an existing significant relationship. A Connected Person Foster Carer is defined as an individual who is a relative, friend or other person connected with the child. A person in this last category may be someone who knows the child in a more professional capacity such as a childminder, a teacher or a youth worker although these are not exclusive categories. Such people would not all fit the term 'relative or friend' but nevertheless may be the best people with whom to place a child because of this pre-existing connection. Bracknell Forest refers to these carers as formal Family and Friends carers.

Connected person foster carer is used to describe all arrangements where the Local Authority is involved in placing a child in need and where assessments have been made that the child needs to become Looked After. Placements may be made at the request and agreement of the parent or through a Court process where the child is made the subject of an order. In both of these circumstances the child becomes a child looked after.

Children have a right to a family life and are entitled to live within their families unless this is not consistent with their welfare.

  • If young people cannot remain at home, placement with relatives or friends should be explored before other forms of placement are considered, thus promoting a sense of continuity, stability and permanence;
  • If young people have to live apart from their family of origin, both they and their parents should be given adequate information, support and advice. They should be helped to consider alternatives and contribute to the making of an informed choice about the most appropriate form of care;
  • Keeping children as close as possible to their family and social culture reduces the likelihood of placement breakdown, reduces the anxiety in children of having to live with strangers in an unfamiliar environment and often results in better outcomes for the child;
  • Continuity of relationships is important. Attachments should be respected, sustained and developed. Parents should be expected and enabled to retain their responsibilities and remain closely involved as is consistent with their child's welfare, even if the child cannot live at home temporarily or permanently;
  • A change of home, caregiver, social worker or school almost always carries some risk to a child's development and welfare. A child's age, sex, health, personality, 5 race, culture and life experiences are all relevant to any consideration of needs and vulnerability and have to be taken into account when planning or providing help;
  • The options for a child to live with a relative or friend should be rigorously and fully explored before consideration is given to admitting a child to public care and services made available to family members;
  • Processes for assessing, approving and supporting Family and Friends carers should be as rigorous as arrangements made for assessing and approving nonrelated carers;
  • Children's welfare is best promoted when the authority is able to work in partnership with parents and other relevant agencies. All care plans should take account of parents and children's views.

2. Circumstances where this Chapter does not apply

Where a child cannot be cared for within his or her immediate family, the family may make their own arrangements within their own network. Young people over the age of 16 may elect to go to live with relatives, with or without their parents consent.

In most respects the primary responsibility for any private placement resides with the parent. This is absolutely the case where the child is placed at the parent's own initiative in circumstances where the local authority has no statutory duty to support and monitor the placement.

Where Children's Social Care is involved with the child or family it is important to be clear about who is responsible for the decision about the care of the child and the role of the local authority.

Private Fostering is an arrangement made between the person who holds Parental Responsibility for a child and someone who agrees to care for the child. If this arrangement is to last for longer than 28 days in one continuous period, the private foster carer, and/or the person with legal parental responsibility for the child, has a duty to inform the Local Authority of the arrangements for the child. Please see Private Fostering Policy.

3. Immediate Placement of a child with a Connected Person foster Carer (Regulation 24 of Care Planning and Placement Regulations)

If there is a clearly assessed need for the placement of a child with a relative or 'connected person' in an emergency and the requirements of the 2011 Fostering Regulations cannot be fulfilled before placement, the 2010 Care Planning, Placement and Case Review Regulations (Regulations 24 and 25) set out the arrangements for the temporary approval of a connected person.

A regulation 24 / viability assessment will be completed by the child's social worker, accompanied by a Social Worker from the Family Placement Team. This assessment includes the following;

  • Ascertain the child's relationship to the carer, including details of previous contacts;
  • Ascertain the nature of care and commitment that the carer is offering;
  • Identify any potential difficulties;
  • Evaluate the suitability of the accommodation;
  • Arrange for the applicant(s) to complete an application form for foster carers;
  • Obtain written consent to local Police checks, DOH checks, DBS checks and medical references in respect of all person over age 16 within the household;
  • Consider the suitability of the carers, taking into account the matters listed within Schedule 4 of 2010 Care planning Regulations;
  • Check with the police to ascertain whether anything is known which suggests that the prospective carer(s) may not be suitable to be entrusted with the child;
  • Check Bracknell Forest's electronic case records (Mosaic) to consider the possible implication of any prior involvement with the prospective carers and members of their household.

Provided the regulation 24 / viability assessment is approved by the nominated officer the carers will be immediately temporarily approved as local authority foster carers for a period not exceeding 16 weeks.

This placement must be approved by the nominated officer prior to placement of the child. In Bracknell Forest the nominated officer is the Head of Service, Life Chances or in their absence another Head of Service within Children's Social Care. The child's wishes and feelings about the proposed placement and the parents must form part of the assessment and inform the decision making process.

The regulation 24 / viability assessment must include assessment of the suitability of the connected person, taking into account the matters listed within schedule 4 of the 2010 Regulations, including the suitability of the proposed accommodation, and all other persons aged 18 and over who are members of the household in which it is proposed that the child will live, taking into account the requirements of the care planning procedure.

Where this is the child's first experience of being looked after and is placed with Connected Person Foster carers the child's social worker must visit at a minimum of weekly until the first statutory review then a minimum of four weekly until full approval through the Foster Panel Procedure. On each visit the child should be seen and spoken with alone having regard to their age and understanding. Where, as the result of a visit the social worker's assessment is that the child's welfare is not adequately safeguarded and promoted by the placement, the social worker must report the matter to the Team Manager and a looked after child review must be arranged immediately.

4. Connected Person Foster Carers Assessment

After the Regulation 24 / viability has been authorised by the nominated officer, they will be allocated an Assessing Social Worker and a Supervising Social Worker from the Family Placement Team. The Supervising Social Worker will visit then in accordance with the policy on planned and unannounced visits.

The Assessing Social Worker will be responsible for completing the Connected person foster carers assessment. The Child's social worker will need to contribute to this information to ensure that any assessment is child specific.

An initial assessment planning meeting will be booked within 5 working days of the Regulation 24 / viability being approved. This will be chaired by a manager from the Family Placement Team and will include all social workers. A plan will be agreed, including timescales and Foster Panel dates to ensure that the assessment is completed within statutory timescales. A midway review of the assessment will also be booked at this time to monitor and track and the progress of the assessment.

The full assessment will include the following information;

  • Reason for the child's proposed placement;
  • Full personal details and history of the child and proposed carers;
  • Full assessment of the carer(s) parenting experience and capacity and their ability to meet the specific child's needs in the short/medium and long term;
  • Particulars of all household members;
  • Details of the accommodation;
  • Racial, religious and other cultural matters;
  • The outcome of any previous assessment to care for a child as a foster carer, adopter or registered childminder or provider of day care, and details of any previous approval or refusal of such an application relating to him or any other member of his household;
  • Alternatives to placement with applicants, including details of searches/enquiries;
  • Parents views on the proposed placement;
  • Child/Young person's views on the proposed placement;
  • Anticipated need for post placement support;
  • Conclusion and Recommendations;
  • Copies of medical reports from the agency medical adviser;
  • Details of enhanced Disclosure and Barring Service criminal conviction checks for carers, other household members over 16 years and persons with whom the child will have regular contact (advice should be taken from the Team Manager regarding this);
  • Details of all police, DOH and agency checks, including school reports and all other relevant information from agencies and schools/employers who know the family and/or child;
  • Record of interviews with referees.

Connected person Foster Carers will be expected to attend the Skills to Foster preparation course during the assessment process. Feedback from this course will be shared with the Assessing Social Worker.

The Assessing Social Worker and the Child's Social worker will present the information to the Fostering Panel for a recommendation of their approval. The Connected Person Foster Carers are also expected to attend this Foster Panel.

5. Placements Extending beyond 16 weeks

There will be some circumstances which require a further extension of the temporary approval, which falls under the 2010 regulations. This provision is to be used only exceptionally and where there are clearly identified reasons the full assessment process cannot be completed, such as unavoidable delays in obtaining statutory checks.

These circumstances are:

  • Where the approval process has taken longer than anticipated ( and in these circumstances the temporary approval may be extended for a further 8 weeks);
  • Where the Connected Person Foster carer has not been approved following the assessment process and seeks a review of the decision through the Independent Reviewing Mechanism (and in those circumstances the temporary approval will continue until the outcome of the review is known).

6. The Panel Recommendation

Fostering panel recommends approval of the applicant(s) under Regulation 26 of the Fostering Services Regulations 2011 or otherwise and the agency decision maker then determines the outcome of the assessment.

The Panel will consider the reports together with all the supporting documentation, and make a recommendation to the Agency Decision Maker regarding the suitability of the applicant for fostering.

The recommendation, with reasons, will be recorded in writing and, where approval is recommended, the category of fostering, any limitations of the approval to named children or conditions as to the age range or number of children to be placed in the foster home will also be specified.

Where the applicant does not attend the Panel meeting, the social worker undertaking the assessment will advise the applicant of the Panel recommendation within 24 hours of the Panel meeting. This will be verbally, by telephone or, where appropriate, a home visit.

7. After the Panel Recommendation

The Agency Decision Maker will make a decision as to the suitability of the applicant, based on the reports presented to the Fostering Panel and the minutes detailing the Panel's recommendation. Where the decision is to approve the applicants as foster carers, the Agency Decision Maker will specify the terms of the approval i.e. the number and age range of children to be fostered, the type of placement and any specific inclusions/exclusions. Applicants can be approved for more than one placement category.

Where a Brief Report has been submitted to the fostering panel, the Agency Decision Maker will, taking into account the fostering panel's recommendation, make a determination about whether to terminate the assessment or whether the full assessment should be completed.

The decision must be made within 7 working days of receipt of the panel's recommendation and final set of panel minutes and must be recorded, together with reasons.

The manager will arrange for the applicants to be given verbal notification of the decision within 24 hours and written notice of the decision, with reasons, signed by the Agency Decision Maker, within 5 working days of the decision.

If the decision is to refuse approval, the assessing social worker and manager will assess the need for further counselling and arrange any necessary follow-up action.

Upon approval, foster carers should be issued with an agreed form of identification to enable their role as a foster carer to be verified.

8. Representations / Independent Review Procedure

If the Agency Decision Maker gives a Qualifying Determination that they propose not to approve the applicants as connected person foster carers, the applicant will be advised that if they wish to challenge the decision, they have a right to submit representations within 28 days of the date of the written notice of the decision to the Agency Decision Maker. In addition, as an alternative, they may exercise the right to apply to the Secretary of State to request a review of the decision by an Independent Review Panel under the Independent Review Mechanism. Any such application must be made in writing within 28 days of the decision and supported by reasons.

The foster carer will not have the right to request a review by an Independent Review Panel if they are regarded as disqualified as a result of a conviction or caution for a specified offence - see Persons Disqualified from Fostering Procedure.

If no written representations or notification of a request for a review are received within this period, the Agency Decision Maker will decide whether or not to approve the applicant as a foster carer (following a full assessment) or continue the assessment (following a Brief Report).

If written representations are received within the period, the Panel Adviser will arrange for the reports and other documentation to be reconsidered by the Fostering Panel, taking into account the written representations, and make a new recommendation to the Agency Decision Maker.

After considering the representations, the Panel will make a recommendation, which the Agency Decision Maker (Fostering) will consider before a final decision is made.

If the decision remains not to approve the application, the manager will arrange for the applicants to be informed verbally within 2 working days. Written notice of the final decision, together with reasons, must be sent to the applicant by the Panel Adviser within 7 working days of the Panel meeting. Information about the Complaints Procedure must also be sent. A copy of the report to the Panel, the Panel's recommendation and the decision, with reasons, must be retained on the applicant's case file.

If the applicant decides to refer the matter to an Independent Review, the relevant Panel reports, any new information obtained since the Panel meeting, a record of the decision made and reasons, a copy of the written notification of the decision and a copy of the Panel minute, if different, will be sent to the Independent Review within 10 working days of their written request (see also: Prepare for a review panel: adopters and foster carers).

The procedure for the Independent Review is carried out by Coram Children's Legal Centre on behalf of the Department for Education; the applicant and two representatives of the fostering agency will be invited to attend the Independent Review.

After considering the representations, the Independent Review may make a recommendation, which the Agency Decision Maker will consider before a final decision is made.

Written notice of the final decision, together with reasons, must be sent to the applicant within 7 working days of the receipt of the Independent Review recommendation.

Where the decision is to approve the application, the procedure set out in Section 12, After Approval will be followed.

9. Support to Connected Person Foster Carers During Assessment

All Connected Person foster carers will be provided with the same level of support as other departmental foster carers. The Supervising Social Worker will work to provide the same level of support as is extended to other foster carers. The Connected Person Foster carer will also have access to any out of hours support services that are available to other foster carers.

Connected person foster carers will have access to the full range of training opportunities afforded to other approved foster carers. This includes, face to face training as well as online learning resources.

Connected person Foster Carers will receive a level of allowance in line with the approved allowance policy. Family and Friends foster carers will be assessed for financial assistance in respect of start up costs from the family placement budget as appropriate.

Connected person Foster Carers will be provided with Fostering Network membership.

Connected person Foster Carers will have annual reviews, in the same manner as all Foster Carers at Bracknell Forest. The children in their care will have Child Looked After reviews, chaired by an Independent Reviewing Officer.

10. Changes to the Connected Person Foster carers Household or Circumstances

The supervising social worker will ensure that any newly approved foster carer is clear about their responsibility to notify the fostering service before any change in the composition of their household occurs or where there is any significant change in their circumstances which affects their fostering, for example any new relationship, pregnancy or bereavement.

If the supervising social worker discovers that there has been a change in the foster carer's household without prior notice, the manager must be informed and an immediate review of the foster carer's approval must be convened - see Review and Termination of Approval of Foster Carers Procedure. In these circumstances, a suspension of the foster carer's approval may have to be considered at the review.