Managing Allegations Against Staff and Foster Carers

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Managing Allegations Against Staff and Foster Carers

REGULATIONS AND STANDARDS

The Fostering Services (England) Regulations 2011
Regulation 11 - Independent fostering agencies—duty to secure welfare

Fostering Services: National Minimum Standards:

STANDARD 4 - Safeguarding Children

STANDARD 22 - Handling allegations and suspicions of harm

RELEVANT GUIDANCE

Community Foster Care Breaches of Standards in Foster Care Policy – See Local Resources

Working Together to Safeguard Children

SCOPE OF THIS CHAPTER

This chapter provides procedures for managing allegations or concerns that any foster carer or member of staff has:

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 or children in a way that indicates they may pose a risk of harm to children.

The term 'member of staff' includes volunteers and trustees.

There is a separate procedure for referring concerns that a child placed with an agency foster carer has been abused by someone who is not a staff member or foster carer of the agency, see Safeguarding Children and Young People Procedure.

There is also a separate procedure for dealing with complaints made about or by foster carers, see Complaints Procedure.

When a child is placed in a foster placement, the foster carers will be provided with all relevant contact details, including for the Designated Safeguarding Lead, their Supervising Social Worker, the child's social worker and who to contact outside of standard office hours. Contact information can also be found in Local Resources.

There is also a sperate policy and procedure for concerns relating to the Standards of Care provided by a foster carer. These are dealt with in the Standards of Care Policy.

AMENDMENT

In November 2020, this chapter was updated with regard to terminology and amended to reflect local guidance.

Policy
Introduction
Procedure
Summary of How Foster Carers are Kept Informed and Information Sharing Arrangements
Support and Information for Foster Carers Facing Standards of Care Concerns

1. 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 allegations against our foster carers or staff must be dealt with under the Multi-Agency Safeguarding Children Procedures. 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 who is the subject of the allegation.

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

It is important to note that, although there may be insufficient evidence to support a Police prosecution, this does not mean that action cannot be taken to protect a child nor that the termination of a member of staff's contract of employment or foster carer's approval cannot be considered.

Complaints about the quality of care will be dealt with under the Complaints Procedure.

Concerns relating to the Standards of Care provided by a foster carer are dealt with in the Standards of Care Policy.

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

2. Introduction

When a child is first placed with foster carers, their supervising social worker will provide them with all relevant information needed to keep them safe, including details of any abuse or neglect they have experienced, and/or previous allegations made by the child.

All foster carers will receive preparation, training and guidance to help them provide a safe environment for any children in their care and all members of the foster family.

All members of staff and foster carers will also have received information about this procedure and know how to access the local Multi-Agency Safeguarding Children Procedures, in particular the procedure for Managing Allegations against Staff and Carers in the area they live.

All foster carers must follow our recording procedures (see: Recording Policy and Guidance) and note, on a daily basis, the progress of children placed with them, including any incidents or concerns and any complaints made by the child or their family. In addition, as required by the Fostering National Minimum Standards we have identified the following:

The Registered Manager within Community Foster Care is the identified Designated Person who liaises with the Designated Officer in the local authority/Team of Designated Officers (LADO) in all cases to which this procedure applies and manage the allegations process (Note: for clarity of reference the Designated Officer in the local authority /Team of Designated Officers will be in referred to as 'the LADO' for the remainder of this procedure);
For non-Fostering children's services provided by Community Foster Care, the Service Manager for Children's Services is the designated person;
All members of staff within the Fostering Service should be aware of the requirements of this procedure, including the role of the Disclosure and Barring Service.

As stated above, the role of the Designated Person within the Fostering Service is to liaise with the LADO in relation to any allegation made or concern raised about staff or carers within the agency.

3. Procedure

3.1 Initial Action

The Designated Person must be informed immediately where there is any allegation or concern that a foster carer, member of staff or volunteer has:

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 or children in a way that indicates they are unsuitable to work with children.

If the concern relates to a member of Community Foster Care's management team or trustees and the referrer is concerned that the matter will not be dealt correctly, they should directly inform the local authority Children's Social Care Services or the Regulatory Authority (see Ofsted, Reporting Concerns and whistleblowing about children's social care services).

On receipt of any information relating to an allegation or suspicion of harm, the Designated Person must:

Inform the LADO for the area in which the foster home is located within 1 working day; and
If the concern relates to a foster carer, inform the child's allocated social worker, the carer's Supervising Social Worker and Ofsted / the regulatory authority.

The Supervising Social Worker in the fostering service will:

Inform the social workers / team manager for any other child in the placement;
Inform any other local authority with an interest in the foster placement.

The National Minimum Standards for Fostering states the following:

22.6) Allegations against people that work with children or members of the fostering household are reported by the fostering service to the LADO. This includes allegations that on the face of it may appear relatively insignificant or that have also been reported directly to the police or Children and Family Services.

The Designated Person must follow the local Multi-Agency Safeguarding Children Procedures (in the area the foster home is located) in relation to the allegation/suspicion. A clear and comprehensive summary of the allegation should be made including details of how the allegation was reported and actions taken.

Where the allegation relates to a member of staff, the Designated Person must consider, in consultation with other relevant managers in the agency, whether the member of staff should be suspended pending the outcome of the investigation. A part of this, consideration must be ensuring the investigation is not compromised in any way if the member of staff continues in their role.

At this stage, the Regulatory Authority must be informed of the allegation/suspicion and the action taken. Where a Strategy Meeting is to be convened, the Designated Person must ensure that they are invited to be represented there.

In exceptional cases where immediate action may be necessary to safeguard the welfare of the child, the child's social worker and their manager may decide a new placement should be identified for the child in question and other children placed in the household (Note this may be with an alternative fostering agency).

3.2 Strategy Meeting

If, as a result of the allegation, there is cause to suspect a child is suffering or likely to suffer significant harm, a Strategy Meeting will be convened within 2 working days.

The LADO responsible for the area in which the concern arose would normally be responsible for convening the allegations Strategy Meeting.

The Strategy Meeting will:

Decide whether there should be a Section 47 Enquiry and / or Police investigation and consider the implications;
Consider whether any parallel disciplinary process should take place and agree protocols for sharing information;
Consider the current allegation in the context of any previous allegations or concerns;
Consider 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;
Explore, how the needs of any child who has to leave the placement will be met including education, contact with other children in the placement, etc.
Plan enquiries if needed, allocate tasks and set timescales;
Consider the involvement of other agencies, for example if the child was placed by another local authority;
Look at the need to inform other agencies who use the foster home (possibly including previous placements);
Confirm the time-scales for the investigation (see below) and any contingencies should timescales not be met;
Explore how the child should be informed of the procedure to be followed and supported through the process;
Evaluate whether the alleged perpetrator should be asked to leave the home while the investigation is conducted and confirmation that the chair will inform the carers of the allegation verbally and then in writing;
Consider how to inform the child's parents of the allegation and the nature/detail of information;
Identify how the member of staff or foster carers will be supported;
Look at how reports on the investigation will be shared with the member of staff or foster carers and the child or children in the placement;
Clarify whether further placements should be suspended pending the outcome of the investigation;
Make recommendations on whether additional monitoring/visiting requirements by children's social workers are recommended;
Decide what information can be shared, with whom and when, including who will notify the Regulatory Authority of the outcome of the meeting if a representative is not present;
Agree arrangements for reconvening the Strategy Meeting.

The following people will be invited to the allegations Strategy Meeting:

A manager from the local authority Children's Social Care Service who will carry out any Section 47 Enquiry;
The child's social worker and their manager (placing authority);
The Designated Person from Community Foster Care (unless information identifies there are implications/concerns about the agency itself);
The Supervising Social Worker linked to the foster carer(s), (if the allegation relates to a foster carer - unless information includes implication/concerns about the agency);
The Police;
Any other agency involved with the child or foster family;
A representative from the Regulatory Authority / Ofsted.

The minutes of the Strategy Meeting must contain clear action points and clear time-scales for each action. The action points and timescales will be circulated immediately after the meeting. Actions agreed must be recorded and be the responsibility of named individuals.

Copies of the action points and the minutes should be held on the foster carer's records. A summary should be placed on the child's record.

Any decision to take no further action following the Strategy 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.

3.3 Investigation and Action

The actions agreed at the Strategy Meeting should be implemented by those responsible within the agreed timescales.

In anticipation of the outcome of an investigation in relation to a foster carer 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 (see: Review and Termination of Approval of Foster Carers Procedure).

The member of staff or foster carers should be advised of the allegation as agreed at the Strategy Meeting and of the process to be followed in the investigation, including the possibility that a Child Protection Conference may be convened in relation to their own children.

When an allegation has been made against a foster carer they should be given the opportunity to respond to the allegations 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 has been made to leave the household while the investigation is conducted.

Any decision to suspend making further placements with the foster carer while the investigation is being conducted should be communicated in writing to the foster carer by the Designated Person or the Manager of the Fostering Service.

Members of staff and foster carers must be informed how they will be supported during the investigation (including arrangements for payments).

The agency must identify the most appropriate persons to provide support to the member of staff or the foster carer during the investigation - usually from a source independent of the agency.

Those identified to provide support must be requested to contact the member of staff or the foster carers as soon as practicable after the member of staff/foster carers are made aware of the allegation, and explain their role. 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. [1]

It should be confirmed that the foster carers are aware of the following:

The contents of this procedure and the relevant local Multi-Agency Safeguarding Children Procedures;
The address and contact telephone number of the independent organisation identified to provide the foster carers support;
Information regarding consulting a solicitor;
Information on insurance arrangements for legal expenses.

It should be confirmed that the member of staff or foster carer concerned is aware of the following:

The contents of this procedure and the relevant local Multi-Agency Safeguarding Children Procedures;
The address and contact telephone number of the person/organisation identified to provide support;
Information regarding consulting a solicitor.

The social worker undertaking the investigation into the allegation will prepare a report on the investigation and a copy will be provided to the member of staff/foster carers and their representatives.

[1] Those supporting foster carers should never undertake this in a way that obstructs a child protection investigation.

3.4 Concluding the Investigation

The Strategy Meeting will be reconvened to conclude the investigation. The same people will be invited and the same person will chair the meeting (usually the LADO).

The purpose of the final Strategy Meeting is to agree on the outcome of the investigation and responsibilities for any further action including reporting on the matter to the Fostering Panel (in relation to foster carers) and/or considering whether a referral to the Disclosure and Barring Service is required.

Note: as a 'regulated activity supplier', where an allegation has been substantiated or a member of staff has been dismissed, there is a legal duty to refer information to the DBS: staff who maybe social workers, health staff or psychologists, etc. or (support) teachers for the Agency will be referred to Social Work England, the HCPC or Teaching Regulation Agency (respectively). The employer is responsible for notifying regulatory bodies and making the referral to the DBS.

Although this will always be envisaged as the final meeting, should new information come to light further actions may be required thereby necessitating the suspension and rescheduling of the meeting.

The meeting should agree who will notify the member of staff/foster carers the child, the parents, other children in the placement or involved, other relevant agencies and the Regulatory Authority (if they do not attend the meeting) of the outcome of the investigation.

In any event the meeting may wish to draw to the attention of Fostering Panel members certain areas of the foster carer's practice in need of their close consideration.

Where the investigation related to foster carers, a report should be presented to the next available Fostering Panel. The social worker preparing the report should consult with the chair of the Fostering Panel who will advise on who should attend the panel meeting (usually the child's social worker and the Supervising Social Worker for the foster carers) and whether or not a special panel meeting should be convened. Where appropriate, consideration should be given to additional supports, or work undertaken with the foster carers / staff member, identifying any additional training needs, etc.

Prior to the Fostering Panel, the foster carers and their representative 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 and Termination of Approval of Foster Carers Procedure.

In other situations, Community Foster Care should consider whether disciplinary proceedings against staff are appropriate.

Where the concerns have not warranted further and more serious action, other investigative routes may be identified as more appropriate at this stage, for example, the complaints process.

Unless the allegation is found to be malicious, all relevant documents in relation to the investigation, whatever the outcome, must be retained on the member of staff/foster carer's records. A summary should be held on the child's record.

Consideration should be given to holding a debriefing meeting for all involved as to the impact of the allegations and the investigation, whatever the outcome, and any necessary assistance should be made available as necessary.

4. Summary of How Foster Carers are Kept Informed and Information Sharing Arrangements

Unless there is exceptional reason not to, or there are restrictions imposed on the foster carer, the supervising social worker or the Registered Manager will inform the foster carer of the substance of the concern and the decision of the Strategy meeting as soon as possible, and within three working days of any discussion with the LADO. Information will be provided verbally and in writing.

A discussion must take place with a carer and members of their family about any arrangements for safeguarding a child in placement, e.g. either for the child placed to be removed or for a member of the household to live elsewhere during the investigation.

Advice will be provided in such circumstances. This should be followed by written confirmation to the foster carer within 48 hours of that discussion with information about the concern, process of the investigation, who will be conducting the interviews and other relevant information.

The supervising social worker or his/her manager will ensure the carers:

Are given copies of this procedure and the relevant sections of the relevant Local Authority Child Protection Procedures;
Have independent support if requested;
Are informed of the nature of the concern;
Understand the process of the enquiry and why it is taking place;
Know when, where and by whom interviews will be conducted;
Are informed of the independent support that will be provided;
Are informed about the financial allowances and fees if fostered children are removed or the carer is temporarily suspended from taking further placements if applicable;
Know the reasons for the removal of children if applicable
Understand the current status of their approval to foster, including any temporary variations in approval;
Are assisted in communicating with investigating agencies;
Are informed verbally and in writing on a regular basis of the progress of the investigation;
Are informed of next steps and any recommended changes to the household.

Other agencies may be informed in the following circumstances:

Ofsted will also be informed of the outcome of any investigation.

Other Local Authorities where the foster carer is resident in another local authority. Representatives of that authority will be invited to contribute to the investigation. Where a foster carer has children of their own, their local authority's Children's Services will be informed and consulted.

Employers - where carer works (in employment or in a voluntary capacity) with vulnerable adults and children. Depending on the nature of the concerns, employers may be informed.

Disclosure and Barring Service – The Fostering Service is required to make a report to the DBS if a carer's approval is terminated because the carer's conduct leads to a conclusion that they are or may be unsuitable to work with children and young people. Referrals are not required where termination of approval is not being considered.

5. Support and Information for Foster Carers Facing Standards of Care Concerns

Foster carers can access support from a range of places, including:

Your supervising social worker;
Independent Support Worker, provided by an independent agency;
Fosterline: A confidential advice line funded by the Department for Education and delivered by FosterTalk, by phone on 0800 040 7675;
Fostering Network helplines.

If fostered children are removed from placement and the foster carer is suspended from taking new placements pending the outcome of an investigation, Community Foster Care will continue to pay the Foster Carer's fee component of the payment (based on an average weekly fee from the previous 3 months), for 1 month from the date of the suspension letter, or until your situation has been considered at Panel and a decision reached by the Agency Decision Maker. The payment will cease whichever occurs soonest. Any further payments will be at the discretion of the Community Foster Care Responsible Individual. Payments may be ceased early if the foster carer fails to cooperate with the investigation or may be extended where delays are caused by Community Foster Care.

Community Foster Care has a membership arrangement with Fostering Network through which foster carers can obtain legal advice if faced with an investigation of a serious concern. If carers wish to appoint their own solicitor at their own cost, they can access a list of accredited members of The Law Society's Children Panel.

Every effort will be made to ensure appropriate services are arranged to enable carers with language or disability needs to participate fully in the investigation and have their views presented.

Community Foster CareProcedures Manual