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Contents

Caption: table containing contents list

1.	Policy
2.	Introduction
3.	Procedure
	3.1	Initial Action
	3.2	Section 47 Strategy Meeting
	3.3	Initial Consideration between LADO and Fostering Service
	3.4	Concluding the Investigation
	3.5	Recording

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 children in receipt of such services must be dealt with under the Greater Manchester Safeguarding Children Procedures Manual.

Allegations or suspicions that a 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 to 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 foster carer's approval cannot be considered.

It should also be noted that it will be necessary to consider during an investigation what action, if any, should be taken with regard to other children with whom the foster carers have contact, including their own children. If the carers also work with children or Vulnerable Adults, consideration will need to be given to informing the employer and inviting them to any meetings.

2. 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 been given access to information about this procedure and the Greater Manchester Safeguarding Children 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 any incidents or complaints. 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;
5. Where there is an investigation into any foster carer's conduct, they will be offered independent support.

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

• A senior manager within 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.

3. Procedure

3.1 Initial Action

Any person who receives information or suspects that a child has suffered or is suffering harm in a foster placement must immediately inform the child's social worker or their manager.

On receipt of any such information, the child's social worker, or their team manager must immediately:

• Inform his or her line manager;
• Inform the supervising social worker in writing;
• Inform the Local Authority Designated Officer (LADO) and follow this up in writing within 24 hours.

N.B. If there are serious and/or multiple referrals about standards of care, it may still be appropriate to refer the matter for a Section 47 Strategy Meeting for a full investigation.

The supervising social worker will:

• Inform the designated senior manager within the Fostering Service - see Section 2, Introduction; and, in consultation with the designated senior manager;
• Inform the social workers for any other child in the placement;
• Inform any other local authority with an interest in the foster placement.

Where it is appropriate to treat the allegation/suspicion as a child protection concern, the child's social worker will be responsible for initiating the Greater Manchester Safeguarding Children Procedures in relation to the allegation/suspicion. If the child lives in another local authority area, the social worker will make a referral to the relevant local authority and that local authority will be responsible for leading the Strategy Meeting and investigation, although should involve the child's social worker and the carer's supervising social worker fully in the process. They will gather relevant background information and convene a Section 47 Strategy Meeting within 2 working days of the referral if there is reasonable suspicion of harm. If the threshold for harm is not met, a decision will be made by the LADO as to whether the threshold is met to hold a separate LADO Initial Consideration Meeting, chaired by the LADO - see Section 3.3, Initial Consideration between LADO and Fostering Service.

Any action to protect the child in question or any other children in need of protection should not be delayed because of the Strategy Meeting. 

At this stage, the Regulatory Authority must be informed of the allegation/suspicion and the supervising social worker's manager must ensure that an invitation is sent to them to be represented at the Section 47 Strategy Meeting.

Immediate Action

In exceptional cases where immediate action may be necessary to safeguard the welfare of the child, the child's social worker and his or her manager should consider whether it is necessary to remove the child to an appropriate placement to ensure that he or she is safeguarded - please refer to the Placements in Foster Care Procedure for the notifications required on the ending of a foster placement.

Where a child is removed, consideration should also be given to the need to suspend making any further placements with the foster carer(s) concerned pending further investigation. The Fostering Service will inform the foster carer(s) in writing of any such decision.

Consideration should also be given to the position of all other children in the household, including the foster carer's own children.

3.2 Section 47 Strategy Meeting

The Strategy Meeting will take place within 2 working days of the referral and will involve a face-to-face meeting. The purpose of the meeting will be to decide if an investigation is necessary and, if so, how it should be carried out.

The meeting will be chaired by the manager of the team undertaking the Section 47 Enquiry.

The following people will be invited:

1. The child's social worker and his or her manager;
2. The Local Authority Designated Officer (LADO);
3. The supervising social worker linked to the foster carer, and his or her manager (who will liaise as necessary with the designated senior manager within the Fostering Service - see Section 2, Introduction);
4. The police (PPIU);
5. Any other agency involved with the child or foster family;
6. A representative from the Regulatory Authority.

The Strategy Meeting must consider:

1. 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 placement;
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 outcome of the meeting, if a representative is not present;
6. 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;
7. How the needs of any child who has to leave the placement will be met including contact with other children in the placement;
8. 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. In situations where the Police or Crown Prosecution Service recommend no further action then the social worker must interview the foster carers about all allegations and concerns. Interview notes must be taken and made available to future meetings and/or the Fostering Panel);
9. The time-scales for the investigation (see below) and any contingencies should timescales prove unlikely to be met;
10. How the child should be informed of the procedure to be followed and supported through the process;
11. 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;
12. Informing the child's parents of the allegation 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);
13. Once informed of the decision what support to offer the foster carers, including independent support;
14. How reports on the investigation will be shared with the foster carers and the child or children in the placement;
15. Whether further placements should be suspended in the meantime;
16. Arrangements for reconvening the Strategy Meeting.

Whether or not the Strategy Meeting considers that the allegation or suspicion has any foundation, the matter should be investigated unless there are exceptional circumstances, and the Regulatory Authority must be notified of the decision and the outcome. 

The minutes of the 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 child's and the foster carer's records.

Any decision to take no further action under Section 47 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.

The LADO should be informed of the outcome of the Section 47 Enquiry who will then consider whether the action in Section 3.3, Initial Consideration between LADO and Fostering Service should be followed.

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

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

Unless there are circumstances when the details or nature of the allegation cannot be shared immediately, the 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 an Initial Child Protection Conference may be convened in relation to their own children. 

Where considered appropriate by those at the Strategy Meeting, the foster carers 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 manager of the fostering service.

The Fostering Service will also inform the foster carers on how they will be supported and paid whilst they are under investigation.

Those supporting the foster carers must contact the foster carers as soon as practicable after the foster carers are made aware of the allegation, and explain their role to the foster carers. 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 should confirm that the foster carers are aware of the following:

1. The contents of this procedure and the relevant Greater Manchester Safeguarding Children Procedures;
2. The address and contact telephone number of the independent agency identified to provide the foster carers support;
3. Information regarding consulting a solicitor, which is available through their membership of the National Fostering Association.

In the exceptional circumstance that an Initial Child Protection Conference is convened in relation to a Looked After child in the placement, the Conference Chair must be consulted in advance to discuss the arrangements for facilitating the respective participation of the foster carers and the parents/persons with Parental Responsibility.

The social worker undertaking the investigation will prepare a report on the investigation and a copy will be provided to the foster carers and their representatives.

3.3 Initial Consideration between LADO and Fostering Service

Where an allegation or concern has arisen, which is not of harm (Section 47) but which may question the carer's suitability as a foster carer, the Designated Person or relevant line manager will consult the LADO within one working day as to the way in which the complaint/allegation should be investigated and managed.

A LADO Initial Considerations Discussion/Meeting will be held within 5 working days of the referral to assess the facts. If there is a meeting it will be chaired by the LADO.

The following people will be invited/consulted:

• The manager of the team who will carry out the investigation;
• The social workers for the children in the placement;
• The supervising social worker;
• A Police representative from the PPIU;
• A health representative if appropriate;
• Any other agency involved with the child;
• A representative of the Regulatory Authority;
• Minute taker.

Where necessary legal advice will be available to the meeting.

The purpose of the meeting is to agree timescales for the investigation and information sharing.

The Initial Consideration Meeting will consider:

• The current allegation;
• Is there a concurrent Police investigation?
• Any previous allegations against the foster carer(s);
• Any previous allegations by the child(ren) concerned;
• Whether there should be a suspension of approval of the foster carer or whether the child should remain in the placement or whether the foster carer should move out or live elsewhere whilst the investigation is carried out;
• The safety and wellbeing of other children living with the foster carer(s) or having contact with them;
• Support to the family to be offered by the fostering service and any independent support and support to be offered to the children;
• Who will inform the foster carers of the actions/meeting?
• What information will be given to the parents of the children placed with the foster carers?

The meeting will reconvene to consider the outcome of the investigation and, if the allegations have been substantiated, make recommendations as to any further action required, including as to training, supervision and support of the foster carers as well as whether a formal Foster Carer Review should be convened under the Review of Foster Carers Procedure.

For further information see Section 3.4 Concluding the Investigation below.

3.4 Concluding the Investigation

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

The purpose of the reconvened S.47 Strategy Meeting is to agree on the outcome of the investigation and responsibilities for any further action, including the need to call an urgent review of the placement.

At the reconvened LADO Initial Consideration Meeting, the meeting will consider 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. The conclusion of the Section 47 Enquiry should also be available for discussion at this meeting. The LADO will then determine the outcome of the case for recording purposes, for example, as substantiated, unsubstantiated, malicious or unfounded.

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 Chair will discuss in the meeting who will be the best placed to notify the 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 recommendations made at the meeting.

In any event the meeting may wish to draw to the attention of Fostering Panel certain areas of the foster carer's practice that should be reviewed and considered.

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. 

Prior to 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 of Foster Carers Procedure.

The investigative process may conclude that there has been no harm experienced by the child but that other procedures may be identified as appropriate, for example, the complaints process.

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 all necessary assistance and support should be made available as necessary.

3.5 Recording

All relevant documents in relation to the investigation, whatever the outcome, must be retained on the foster carer's records. The record of a Section 47 investigation must also be held on the child's file.

The outcome should also be recorded on the Managing Allegations database, which is available for inspection by the Regulatory Authority.

End