Transporting Children
REGULATIONS AND STANDARDS
Fostering Services: National Minimum Standards
STANDARD 10 - Providing a suitable physical environment for the foster child
RELEVANT INFORMATION
Children and Families Act 2014 Section 95
Rules about tobacco, e-cigarettes and smoking: 1 October 2015 (DHSC, GOV.UK)
RELATED CHAPTER
Contents
1. Introduction
The fostering agency expects staff and carers to take all advisory and necessary precautions to ensure that driving is safe and within the legal limits. This relates to the mechanics of the car and having in place the appropriate license and insurance, and the measures taken to ensure children are safely secured whilst being transported and that driving itself is safely undertaken, and complies with the Highway Code and associated speed limits.
All staff and carers must take responsibility as the owner or driver of a vehicle, that the correct license, insurance, tax and MOT certificates are in place and valid. An annual check of foster carers' certificates will be made during the foster carer review process to validate these documents.
Any penalties that are issued to a foster carer should be communicated to the supervising social worker and the Registered Manager, and must be notified to the insurance company.
Any accidents where children in placement have been involved should be communicated as soon as practicable possible and a written report provided to the supervising social worker. Where medical treatment has been necessary this should be communicated immediately (or as soon after the accident when it is practical to do so) to the supervising social worker and the decision made about who will notify the child's social worker and, where required and appropriate, the child's family.Foster carers may be required to take children in placement to meetings/visits to see professionals or family members from time to time. These circumstances can and do lead to children becoming upset, and caution should be applied where a journey in the car is being made when this occurs.
If a journey is due to be made and the child is very upset or where behaviour is unsettled it will depend on the relationship and understanding of behaviour to determine whether the journey should go ahead, however, it is safer to be late for an appointment, when considering a journey in the car with an unsettled child.
If car journeys are of particular concern and an on-going issue this should be raised with your supervising social worker and a risk assessment undertaken, and discussed with all involved in the child's care.
One to one time in the car can also be a good opportunity for children to share their feelings, a time when they are not exposed to having direct eye contact, or someone facing them directly. For some children this can encourage a dialogue, and some positive conversations can come from a journey in the car.
2. Cars
The law requires all children travelling in cars to use the correct child car seat or booster seat (see GOV.UK) until they are either 135 cm in height or the age of 12 (which ever they reach first). After this they must use an adult seat belt. The same rules apply for children with disabilities unless a doctor says they're exempt on medical grounds. They can use a disabled person's seat belt or child restraint designed for their needs.
When a child can travel without a car seat: the law taxis and minicabs etc. See Child car seats: the law.
It is the driver's legal responsibility to ensure that the child is correctly restrained.
3. More Passengers than Seat Belts
The safest option is to only carry the same number of passengers as there are seat belts. If necessary, foster carers should make two journeys for the trip.
Children must still use a child car seat until they are either 135cm tall or 12 years old so that they meet the law, as described above. There is no exception from this law if a vehicle has more passengers than seat belts.
4. Smoking
When children and young people are present in a private vehicle, no smoking is permitted.
It is an offence:
- For a person of any age to smoke in a private vehicle that is carrying someone who is under 18;
- For a driver (including a provisional driver) not to stop someone smoking in these circumstances.