2.2 Private Fostering

RELEVANT LEGISLATION

Part IX and Schedule 8, Children Act 1989

Children (Private Arrangements for Fostering) Regulations 2005, which came into force on 1 July 2005

Flowchart - Private Fostering (PF) Process

AMENDMENTS

This chapter was updated in February to extend the definition of close relative to include relationships established through civil partnerships.

Introduction
Definition of a Privately Fostered Child
Identification of Privately Fostered Children
Notification
Local Authority Duties
Action Required upon Receipt of Notification - Initial Visits and Initial Assessment
Assessment of Private Foster Carers
Advice and Support for Private Foster Carers
Presentation to Fostering Panel
Supervision of Arrangement
Review of Arrangements
After Care
Requirements and Appeals
Disqualification, Prohibition and Appeals
Offences
The Fostering Limit
Independent Schools
Advertising and Life Insurance
General Practice Guidance
Advice and Support

1. Introduction

This procedure is intended to be a working tool to assist social workers in the task of identifying, assessing and managing private fostering within the Royal Borough of Kensington and Chelsea (RBKC).

Privately fostered children should experience feeling safe and secure and protected within their living arrangements. This means that the standard of service they receive from Children's Social Care should be robust and timely in order that the child's welfare and safeguarding matters can be satisfied.

Local authorities now have to appoint a Designated Manager (Private Fostering) to be responsible for and oversee the discharge of the local authority's responsibilities in respect of private fostering.

The general welfare duty of local authorities now extends to children who are proposed to be privately fostered - see Section 5, Local Authority Duties.

National Minimum Standards have been introduced, the first of which requires the local authority to produce a Statement of Private Fostering.

The National Minimum Standards for Private Fostering together with the Children (Private Arrangements for Fostering) Regulations 2005 and the Replacement Children Act Guidance on Private Fostering can be found at: Every Child Matters: Change for Children.

2. Definition of a Privately Fostered Child

A privately fostered child is a child who is under the age of 16, or 18 if disabled, and who is cared for and accommodated for more than 27 days by someone other than a parent, person with Parental Responsibility or a close relative.

A close relative is defined as a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent.

A cousin or a great aunt could therefore be a private foster carer.

A child is not a privately fostered child if the person has cared for him for a period of less than 28 days and does not intend to do so for any longer period.

A child under the age of 8 cared for over a period of up to 27 days which includes overnight stays is subject to Child Minding Regulations.

Schedule 8 of the Children Act 1989 provides exceptions to the general definition of private fostering in order to ensure that normal domestic arrangements are not within the scope of the Private Fostering Regulations and that arrangements which are more appropriately controlled by other provisions are also excluded, e.g. Children in Care or children in hospital or at boarding school.

Where a child overseas is placed with prospective adopters and is brought to this country by the prospective adopters without a full adoption order having been made in the child's state of origin, (including where an interim adoption order has been made), the prospective adopters must notify the local authority that the child is staying in their home as soon as possible after their arrival in the UK. The local authority should treat the child as a privately fostered child and carry out regular welfare visits until the full adoption order is made.

Children living with carers who have given notice to the local authority of their intention to adopt may also come within the definition of a privately fostered child.

3. Identification of Privately Fostered Children

The Children Act 2004 places a duty on local authorities to promote public awareness in their area of the notification requirements.

The Designated Manager (Private Fostering) is responsible for developing a strategy for the publicity and dissemination of advice and information about private foster care. This will be done using posters leaflets and advertisements in the media in a variety of languages, emphasising the legal requirement to notify.

4. Notification

There is a shared and individual responsibility for interested individuals to notify the local authority in relation to private fostering as below:

Any person who proposes to privately foster, is involved in arranging for a child to be privately fostered or is the parent who proposes their child is to be fostered, must notify the local authority between 6 and 13 weeks before the fostering arrangements begins. For action required on receipt of notification, see Section 6, Action Required upon Receipt of Notification - Initial Visits and Initial Assessment.

A parent of a child, or any other person with parental responsibility for the child, who proposes, or knows that it is proposed that the child is privately fosters must notify the local authority in writing not less than 6 weeks and not more than 13 weeks before the arrangements is to begin, unless the arrangement is made in an emergency.

Teachers, health and other professionals should notify the local authority of a private fostering arrangement that comes to their attention, where they are not satisfied that the local authority have been or will be notified of the arrangement, so that the local authority can discharge its duty to safeguard and promote the welfare of the privately fostered child.

Any person who has given notice of a proposal to privately foster a child must also notify the local authority within 48 hours of receiving the child.

Where a child's arrangement is made in an emergency, notification must be made to the local authority within 48 hours of the placement.

The notification should be in writing and contain as much of the following information as the person giving the information is able to provide:

The name, gender, date and place of birth and address of the child;
The racial origin, cultural and linguistic background and religion of the child;
The name and current address of the person giving notice and their addresses within the last five years;
The name and current address of the proposed private foster carer and their addresses within the last five years;
The name and addresses of the child's parents and any other person with Parental Responsibility for the child and if different, of any other person from whom the child is to be received;
The name and address of any other person involved, directly or indirectly in the arrangement for the child to be fostered privately;
The name and current address of the child's minor siblings and the detail of the arrangements for their care;
The date on which the private foster placement will start;
The intended duration and purpose of the arrangement.

Private foster carers or proposed private foster carers must also provide the local authority with the following information:

Any offences against a child of which they have been convicted;
Any offence involving injury or threat of injury to another person of which they have been convicted;
Any disqualification and prohibitions e.g. registration as childminder refused or cancelled, or disqualification from acting as a local authority foster carer;
Any convictions, disqualifications or prohibitions imposed on any other person living or employed at the same household;
Any Court Orders as a result of which a child has been removed from their care;
Any occasions when their child has been accommodated by a local authority.

This information determines if the carer or any member of the household is DISQUALIFIED from privately fostering a child - see Section 14, Disqualification, Prohibition and Appeals.

Any person who ceases to foster a child privately must notify the local authority within 48 hours and must include in the notice the name and address of the person into whose care the child was received. This notice is not required where the private foster carer intends to resume the private fostering arrangement after an interval of not more than 27 days. If she/he subsequently abandons his/her intention or does not resume the arrangement within 27 days, she/he must give notice to the local authority within 48 hours.

Where the reason for ending the arrangement is the death of the child, the private foster carer must notify the local authority and also the person from whom the child was received straight away. If this occurs out of hours, the private foster carer must notify the out of hours duty worker immediately. The social worker who receives the information must ensure that the parents and others with Parental Responsibility are informed and supported as necessary and to inform the Single Point Of Contact (SPOC) for child deaths.

Appropriate agencies involved with the child must also be notified by the social worker involved of the end of the private fostering arrangement. This should include the child's school, nursery, health visitor, GP and other relevant professionals involved in the child's professional network.

Any change of address or circumstances of the private foster carer and/or household must be notified to the local authority in advance if practicable and, in any other case, within 48 hours. All changes must be recorded on the child's record and the carer's record. They are required to notify the local authority of:

Any person who begins or ceases to be part of the household; and
Any new conviction, disqualification or prohibition of theirs or any person living, or employed, in their household.

If the notification relates to the private foster carer's change of address and it is in the area of another local authority, the social worker involved at the time must notify the local authority concerned and provide the new authority with the following information:

The name and address of the private foster carer;
The name and address of the child who is being privately fostered: and
The name and address of the child's parents or any other person who has Parental Responsibility.

The local authority to which the private foster carer has moved must also be informed of any important matters relating to the welfare of the child e.g. a disability or health condition, special educational needs or the suitability of the carers. Other appropriate agencies involved with the family must also be made aware of any change of the child's address.

If the notification relates to a conviction for a further offence, the nature of the offence must be obtained by the social worker involved to determine the impact it may have on the care of the privately fostered child and if it disqualifies the carer from privately fostering. In the event that the notification relates to a disqualification being imposed on the private foster carer or any other member of the household, the procedure for disqualifications must be followed -Section 14, Disqualification, Prohibition and Appeals.

If the notification relates to a new member of the household, the social worker should arrange for Criminal Records Bureau (CRB) and medical checks to be undertaken if the person is 16 years old or over.

5. Local Authority Duties

Whilst local authorities do not formally approve or register private foster carers, they have a duty to satisfy themselves that the welfare of privately fostered children is being safeguarded and promoted and to secure that such advice is given to private foster carers as appears to be needed (Section 67(1) Children Act 1989).

This is in addition to the general duty to safeguard and promote the welfare of Children in Need and to promote the upbringing of such children by their families so far as this is consistent with the welfare duty to the child (Section 17(10) Children Act 1989).

These two duties have been extended to include children who are proposed to be privately fostered (Section 44 Children Act 2004).

6. Action Required upon Receipt of Notification - Initial Visits and Initial Assessment

The Children (Private Arrangements for Fostering) Regulations 2005 require local authorities to satisfy themselves of the suitability of a proposed arrangement or otherwise exercise their powers to prohibit, or to impose requirements on, the arrangements before the child is privately fostered, where advance notice of the arrangements is given, thereby providing additional safeguards for privately fostered children.

In practice, notifications may be received in a number of ways and, upon receipt of a notification a referral should be completed by the relevant child's Social Work team on KCics. The standard notification (see app 1) form should be completed and added to the child's record. The notification may be about a child who has been privately fostered for some time without previous notification, or who has been privately fostered after previous notification, or who has been privately fostered in an emergency. The child's Social Work Team should check to see if the child or family is already known to Children's Social Care. The notification should also be shared with the Family Placement Unit (FPU) for allocation to the relevant worker who will support the assessment and monitoring process of the private foster carer.

The child's Social Worker, together with the FPU Social Worker, should arrange to:

Visit the premises where it proposed that the child will be cared for or is being cared for;
Visit and speak to the (proposed) private foster carer and all members of the household;
Visit and speak to the child whom it is proposed will be privately fostered alone unless the social worker/s considers it inappropriate. (An interpreter who is independent of the child's parents and of the private foster carer should always be used where the child's preferred language is not English);
Speak to and, if it is practicable to do so, visit the child's parents or other person with Parental Responsibility for the child;
Check whether the arrangement falls within the scope of the Private Fostering Regulations;
The FPU social worker should provisionally book a place on the fostering panel;
The child's social worker should provide all relevant individuals with copies of the department and DOH leaflets and guidance that relates to private fostering;
A list of all information given should be made and private carers and the child's parents should be requested to sign that they have received the information;
Outline the services that the department provides to assess, support and advise parents and carers and outline the local authority powers and duties to make prohibitions, impose requirements or otherwise exercise any of their functions under the Children Act 1989 in respect of the child;
Discuss and explore whether any support or referral to another agency would diminish the need for the child to be privately fostered.

The above visits or contacts must be part of an Initial Assessment undertaken within 7 working days of receipt of the first notification of the (proposed) private fostering arrangement.

The purpose of the Initial Assessment is to check out the proposed arrangement and its suitability - or otherwise to exercise the power to prohibit or to impose requirements - before it begins.

During the initial visit to the private foster carer, the social worker should:

Explain the assessment process and the private foster carers' legal responsibilities towards the child; and
Obtain their consent that they are willing to agree to the necessary checks being undertaken and that they will cooperate with the assessment.

Information should also be obtained as appears relevant in the particular circumstances to ascertain the following:

That the purpose and intended duration of the private fostering arrangement is understood by, and agreed between, the parents of the child (or any other person with Parental Responsibility) and the proposed private foster carer and, where the child has come from overseas, that the child's immigration status is clarified and consistent with the arrangement;
The wishes and feelings of the child about the proposed arrangement (considered in the light of his or her age and understanding);
The suitability of the proposed accommodation;
The capacity of the proposed private foster carer to look after the child;
The suitability of other members of the proposed private foster carer's household;
Whether the arrangements for contact between the child and his/her parents, any other person with Parental Responsibility and other persons who are significant to him/her (e.g. siblings, other family members, close friends) have been agreed and understood, and whether those arrangements will be satisfactory for the child;
Whether the parents of the child, or any other person with Parental Responsibility, and the proposed private foster carer have agreed financial arrangements for the care and maintenance of the child;
Whether consideration has been given and necessary steps taken to make arrangements for the care of the child's health;
Whether consideration has been given and necessary steps taken to make arrangements for the child's education; and
Clarify how parental responsibility for the child will be exercised, including what will be delegated to the private foster carer in terms of providing the day to day care of the child.

Where the initial visit takes place after the placement has been made, the following additional information should also be ascertained:

Ensure that the parents have fully informed the private foster carer of the child's medical history and any current need for ongoing professional monitoring and medication, and has handed the child's personal child health records to the private foster carer;
Encourage the private foster carers to draw up a written agreement with the child's parents as to their respective expectations and responsibilities in relation to the fostering arrangement including the contact arrangements;
Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the foster home;
Ensure that a school place has been arranged for the child if of school age
Ensure the parent provides to the private foster carer a written general consent to cover any necessary medical treatment and that a copy of this consent is given to the GP, dentist, optician and retained on the child's file;
Advise the private foster carer to arrange a medical examination of the child with the GP as soon as practicable after the start of the placement.

An Initial Assessment Record should be completed by the child's social worker on KCics. The record must state whether the child was seen alone. It must also contain a recommendation about the continued suitability of the private fostering arrangement. A copy of the record should be sent to the carer, parents and child (if old enough) and be placed on the child's file.

At the end of the Initial Assessment, the Children's Social Work Team Manager should consider whether there are any requirements which should be imposed (see Section 13, Requirements and Appeals), and whether any person should be disqualified or prohibitions should be imposed as described in Section 14, Disqualification, Prohibition and Appeals. If this is the case then the action described in those sections should be undertaken.

If the private fostering arrangement continues, a Core Assessment should be undertaken on the child along with a carer's assessment and reported to the Foster Panel in order that the authority can be assured that the welfare of child is being adequately met within the private fostering arrangement.

Children and families should always be made aware of their right of access to their records and a note of the discussion should be made.

Where it is clear that the proposed arrangement is within the definition of private fostering, the FPU Social Worker will undertake a detailed assessment of the foster carers (see Section 7, Assessment of Private Foster Carers).

7. Assessment of Private Foster Carers

A separate case record should be established for the carer on the Foster carer's data base.

The FPU Social Worker will complete an assessment of the carers. As part of the assessment, the social worker should obtain an enhanced Criminal Record Bureau (CRB) check on the carer(s) and all members of the household aged 16 and over. The FPU social worker should also undertake checks of Children's Social Care records, medical checks and obtain two personal references, which should be subject to follow up interviews. Where appropriate, for example where a private foster carer has only recently moved into the city, checks of records held by other local authorities' Children's Social Care should also be made. Personal referees should be interviewed and asked to confirm their opinion in writing.

In the event of a refusal of any person to cooperate with the making of the necessary checks, the FPU social worker should advise the private foster carers that as the required assessment cannot be completed, they cannot be recommended as suitable. In these circumstances, the child's social worker must also advise the parents of the reason why they need to make alternative arrangements for the child.

In assessing the capacity of the proposed or actual private foster carer to look after the child, the FPU Social Worker should also consult with appropriate agencies who may already be involved with the child, the proposed or actual private foster carer or members of his household. The health visitor may, for example, be able to provide information about the person's experience of caring for children of different age groups, children of particular minority ethnic groups, children with special needs or caring for children in general. The person who is, or is proposing to, foster the child privately should be made aware that such views will be sought.

The completed assessment should be endorsed by the FPU Team Manager.

The private foster carer's assessments should be completed within a period of 35 working days from completion of the Initial Assessment.

At this point, a meeting should be convened by the child's Social Work Team Manager - at which the overall suitability of the arrangements can be considered including contact with parents and the extended family, and the Plan to proceed to Foster Panel ratified.

If at any time the arrangements proposed do not appear to be satisfactory, the parent should be advised not to proceed with the placement and alternative courses of action should be considered; these may include considering whether the local authority should exercise any of its functions under the Children Act 1989. The need to impose requirements, disqualifications or prohibitions should be considered at the meeting - see Section 13, Requirements and Appeals and Section 14, Disqualification, Prohibition and Appeals.

If the arrangements appear to be satisfactory, the child's case record and the carer's case record should be passed to the Designated Manager (Private Fostering) - to consider whether the welfare of the child will be satisfactorily safeguarded and promoted. The Designated Decision Maker should make and record his/her decision on the child's case record.

8. Advice and Support for Private Foster Carers

Parents of privately fostered children and private foster carers should receive advice and support to assist them to meet the needs of children who are privately fostered. Privately fostered children should be able to access advice and support when required so that their welfare is safeguarded and promoted.

Parents may need advice and support to make alternative arrangements for the care of their child if the private foster care arrangements are inappropriate or unsuitable. They may need advice on attachment issues between siblings and between children and themselves and children and their private foster carers.

Private foster carers should receive information about the support available from other agencies such as health, housing and schools. They will need advice about issues arising from a child's religion, racial, cultural and linguistic background as well as any particular issues affecting the child.

For example, this advice may come from individual professionals, self-help groups, children's centres, drop-in centres, etc.

The private foster carer's social worker should give specific advice about recording the child's development and progress. This advice should cover recording the child's medical and educational progress, contact with parents, recreational activities and photograph albums. A record of financial transactions between the parent(s) and Private Foster Carer should be kept, in particular relating to monies received for the child's upkeep.

The Child's Social Worker should determine whether there are grounds for one off financial assistance in order to help support the arrangement. This should be determined by the Core and Initial Assessment and the identification of the child's individual needs. The primary responsibility for the support of the placement rests with the child's parents. Financial arrangements are largely a private matter between the private foster carers and the child's parents. The Social Worker should check at the start of the placement and at subsequent intervals, that proper financial arrangements are agreed and that they are operating satisfactorily.

Privately fostered children should be given contact details for their social worker who will be visiting them. They should be given age appropriate information about their privately fostered status, their right to be kept safe and the responsibilities of the adults who care for them. A guide for children and young people has been written by the British Association for Adoption and Fostering Agencies and a copy should be given to the child. They should have access to advocacy services including the RBKC Children's Rights Officer (see Advocacy and Independent Visitors Procedure).

9. Presentation to Fostering Panel

All private fostering arrangements should be referred to the department's fostering panel as soon as possible. In circumstances where advance notice of the placement has been given, the matter should normally be considered by panel prior to the child being placed. Private Foster Carers are not 'approved' by the department nor formally registered in any way. The panel's role is to provide a level of independent scrutiny and to make recommendations to the department as to the suitability of the arrangements in promoting and safeguarding the child's welfare.

The following reports should be forwarded to the fostering panel administrator at least 10 days before the panel to facilitate distribution to panel members:

Reports from the FPU Social Worker :

Part 1 of Form F including references;
Report which addresses matters outlined at above section.

Report from the child's Social Worker which provides:

Basic information on the child including frequency of visits, observations on the child's progress and the extent to which the child's needs are met or are likely to be met and their welfare promoted;
Initial and or Core Assessment reports.

The allocated locality team Social Worker and the FPU Social Worker should both attend the fostering panel to jointly present their assessments.

The FPU social worker should inform the private foster carer and the child's social worker should inform the child's parents of the outcome of the foster panel as soon as possible after the panel meeting.

The panel's recommendations should be forwarded to the designated person with ultimate responsibility for decision-making in relation to fostering matters to enable appropriate account of the panel's views when reaching a decision about the suitability of the private arrangement.

10. Supervision of Arrangement

The frequency of visits by the child's social worker should be determined by the circumstances of the case and should take place whenever reasonably requested by the child or private foster carer and at a minimum:

Within one week of placement; and
Not less than every six weeks during the first year of placement; and
Not less than every three months after the first year of placement.

The FPU social worker will continue to have a role, primarily as a support to the private foster carer, and should visit the private foster home, at a minimum, at twelve weekly intervals.

In practice it may be appropriate to visit more frequently. On each occasion a child is visited, the child's social worker should, unless inappropriate, arrange to see the child alone and, if necessary, outside the home.

All visits to the child at the private foster home must be recorded on the child's case record. Specific visits to the private foster carer should be recorded on the carer's record.

The overall purpose of all visits is to ensure that child care standards and the child's needs are continuing to be met within the private foster arrangement and in particular;
To observe the overall standard of care including visiting the child's bedroom;
To speak to and ascertain the wishes of the child;
To review the purpose and likely duration of the arrangement. The parent and the foster carer should be encouraged to plan the ending of the placement and prepare the child for the change;
Where the child is from overseas, to clarify the child's immigration status and whether this is consistent with the intended duration of the arrangement;
To check that any requirements are being met - see Section 13, Requirements and Appeals;
To ensure that necessary arrangements for the child's education are satisfactory being met;
To advise the private foster carer as necessary for example in relation to the maintaining of the child's links with his or her cultural heritage or in relation to appropriate travel arrangements for the child visiting family abroad;
To ensure that the child remains registered with a GP and dentist and that any necessary health care has been provided to take account of any special health needs;
To ensure that the child has access to services as required as a result of any disabilities;
To enquire as to the contact arrangements for the child with the parents and siblings;
To encourage the private foster carer to keep a record of the child's development, including accidents, illnesses, immunisations, school reports, achievements and any contact with parents or significant others;
To offer advice and support to the carer, child and parents as necessary or requested to ensure the privately fostered child's needs are met and their welfare is safeguarded.

Any areas of concern will be shared between the child's social worker and the FPU social worker and any investigations required will be carried out jointly.

11. Review of Arrangements

The Child's living arrangements should be reviewed in accordance with the departmental guidance on the reviewing of Children In Need cases and recorded on KCics. As in all reviews, parents, children and carers should actively be encouraged to participate and contribute to the review and planning process. It is good practice to plan for permanence for all children living away from home. It is envisaged that most private fostering arrangements will not last in excess of twelve months, as the plan will usually be for the child to return home with any support needed.

When a longer term arrangement is being reviewed and social work support appears superfluous, the case for applying for a Residence Order or a Special Guardianship Order may be suggested to the private foster carers.

If an arrangement continues, the private foster carer's Social Worker should ensure that all CRB forms are renewed every 3 years.

12. After Care

Unless disabled, a child ceases to be privately fostered on reaching his or her 16th birthday. The power to provide after-care arrangements for children only applies to a person who is under 21 and who was (but is no longer) privately fostered at any time after his or her 16th birthday.

This means only a child with disabilities may come within the definition of a Qualifying Young People and receive support as such under the Leaving the Looked After Service Procedure. The local authority is empowered to advise, assist and befriend such a person if s/he asks for help and his or her private foster carers do not have the necessary facilities themselves.

13. Requirements and Appeals

The local authority may impose on private foster carers or prospective private foster carers, requirements including the number, age and sex of the children who may be fostered, the standard of accommodation and equipment; arrangements as to health and safety; and particular arrangements regarding the care of the children.

The decision to impose a requirement should be made by the Designated Manager (Private Fostering) and reasons should be recorded. The decision and reasons should be discussed with Legal Services who will serve any notice on the private foster carer and parent and prepare for a possible appeal - see Schedule 8 paragraph 6 Children Act 1989. On receipt of a notice, private foster carers have 14 days to appeal to the Court - see Schedule 8 paragraph 8 Children Act 1989.

Where requirements which have been imposed are not complied with, the social worker must consider whether support should be provided to ensure compliance and/or consider whether to report further to the Designated Manager (Private Fostering) recommending that the private foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out in Section 14, Disqualification, Prohibition and Appeals must be followed.

14. Disqualification, Prohibition and Appeals

A person may not foster a child privately where he/she is disqualified from doing so and has not obtained the written consent of the local authority.

If it appears a person is a Disqualified Person (Foster Carer) and should be disqualified, the decision should be made by the Designated Manager (Private Fostering) and reasons should be recorded. The decision and reasons should be discussed with Legal Services who will serve any notice on the foster carer and parent and prepare for a possible appeal - see Section 68 Children Act 1989.

On receipt of a notice, a foster carer has 14 days to appeal to the Court - see Schedule 8 paragraph 8 Children Act 1989.

A local authority has power to prohibit a person from fostering if of the opinion s/he is not a suitable person, the premises are not suitable or it would be prejudicial to the welfare of the child to be, or continue to be, accommodated by that person in those premises. A person may be prohibited from fostering privately any child within the area of the authority, any child on the premises in question, or an identified child in specified premises. A prohibition may be cancelled by a local authority if it thinks fit either of its own motion or an application if the local authority is satisfied the prohibition is no longer justified - see Section 69 Children Act 1989.

The Designated Manager (Private Fostering) will decide whether a person is to be prohibited and reasons should be recorded. The decision and reasons should be discussed with Legal Services who will serve any notice on the foster carer and parent and prepare for a possible appeal - see Schedule 8 Paragraph 8 Children Act 1989.

15. Offences

Failure to notify the local authority of private fostering arrangements, breaches of requirements, prohibitions and disqualifications and obstruction of powers of entry may be criminal offences.

Whenever a child has been subject to private fostering without notification (not in an emergency), the child's Social Work Team Manager must make and record on KCics a decision whether an offence has been committed. In practice such a decision would need to take account of whether the parties to the arrangement were aware of the regulations, whether they had deliberately violated them, and whether the arrangement was in the best interest of the child. If it appears an offence has been committed, legal advice should be taken before any referral to the police is made - see Section 70 Children Act 1989 and National Minimum Standards 2.5.1.

A search warrant is available to support the power of entry - Section 102(6) Children Act 1989).

16. The Fostering Limit

The usual fostering limit is three children unless the children concerned are siblings. Other exceptions are governed by Schedule 7 of the Children Act 1989.

The decision to authorise an exception will be made by the Designated Decision Maker (Private Fostering & Fostering), taking into account the following factors:

The wishes and feelings of the child as far as can be ascertained;
The best interest of the child;
The wishes of the parent;
The long term plan for the child;
The ability of the foster carer to help the child with possible confusion if the placement is both long term and trans-racial;
The ability of the carer to understand fully the child's racial and cultural needs if they are different from the carers.

17. Independent Schools

A person who proposes to accommodate a child under 16 years for more than two weeks during school holidays must give written notice to the local authority (unless she/he is exempted by them). The child is treated as a privately fostered child with the exception that requirements may not be imposed. Notice must also be given when a child ceases to be treated as a privately fostered child - see Schedule 8 Paragraph 9 Children Act 1989.

18. Advertising and Life Insurance

Any advertisement to undertake or arrange for private fostering must state the person's name and address. It is an offence not to do this.

A person who fosters a child privately and for reward shall be deemed for the purposes of the Life Assurance Act 1774 to have no interest in the life of the child

19. General Practice Guidance

19.1 The Child's Introduction to the Private Foster Placement

Private foster carers will need information about the child, the child's needs and history, medical background, educational attainment and the child's understanding of the reasons for and duration of the placement so that they fully understand the task that they intend to take on. Information on routines, capabilities, interests, habits, fears, likes and dislikes, needs and, where appropriate, sufficient information about the implications of a child's disability or learning difficulty, are essential if the private foster carer is to offer good quality continuity of care and help the child settle into his new home. At the same time the child should be told as much about the prospective private foster carers as he is able to understand - e.g. interests of other children and location of the private foster home.

The way the introduction to his new home is organised is important for the child's sense of security and acceptance of the change. A process of introduction helps to minimise the pain of separation. Private foster carers need to be prepared for the possibility of challenging behaviour following such a significant change for a child.

19.2 Planned Endings

The private foster carer will need a clear written agreement with the child's parents on the expected duration of an arrangement. The duration of the arrangement should be reviewed with the private foster carer on every visit so that any change can be anticipated to enable parent, child and other carers to be involved and consulted, thus helping to avoid unplanned moves or drift. If plans change, the reasons given for the change and the nature of the revised arrangements should be clearly understood by all parties, including the child, along with appropriate timescales for implementing the changes. All significant changes should be notified to the local authority.

19.3 Continuity and Change

Private foster carers and the child's parents should be aware of the importance of continuity of health care and education and, indeed, all aspects of the child's life, and share all relevant information. A child who is geographically mobile should not miss out on diagnosis and treatment that would satisfactorily safeguard and promote his welfare.

As much continuity as possible should be maintained, e.g. continuity at the same school and remaining with the same GP. Also, private foster carers should be encouraged to maintain a photograph album for the child and a diary of significant events which the child can keep when he moves on.

A child's return to his family may also need careful preparation by both the private foster carer and the child's parent, depending on the length of time the child has been away and the extent of changes within the family. The need for continuity is equally critical at the end of the placement as at the beginning. Children often return to different addresses, an unfamiliar culture and new family members. The former private foster carer should be advised to pass on information to the parent on the habits, food preferences, interests, routines and connections developed by the child. Ideally, parents should be prepared for these changes and the possibility of challenging behaviour while the child re-establishes himself in his family.

The private foster carer has no authority to arrange another private fostering arrangement other than at the specific request of the parent. If they can no longer keep the child it is for the parent to make alternative arrangements.

19.4 Religion, Culture, Language and Race

The quality and consistency of care a child receives in his formative years is crucial to his physical, intellectual, emotional, social and behavioural development. The practice among some minority ethnic families to place their children in private foster homes of a different race and culture may, in some instances, require local authorities to pay particular attention to ensuring that the private foster child is able to maintain contact with people from his/her race, culture and religion.

In circumstances where it is known that a child comes from a minority ethnic group or from a particular cultural background, the social worker should seek to establish whether the person proposing to privately foster the child has an understanding of the particular culture and knowledge of the child's language. Social workers should explore the extent to which the prospective private foster carer is prepared to develop such understanding and give advice as appropriate.

Attention may need to be given to the expectations of the private foster child participating in the religious life of the private foster carer and his household, and whether this would be compatible with the expectations of a child and his parents. Account should also be taken of the private foster carer's willingness to provide a child from a minority ethnic group with a diet, which is familiar to him, including food that may be part of a religious observance.

Local authorities are encouraged to see that the private foster carer is advised about the provision of resources and facilities which could assist him meet the racial, cultural, religious and linguistic needs of the child. This can be done, for example, by involving local religious groups, minority ethnic communities and the voluntary sector.

Local authorities will need to be aware of the practical difficulties which such arrangements can present and be prepared to address them at an early stage to avoid problems for the future. It is important to remember that the local authority has an important role in providing advice on how potential or actual difficulties can be overcome within their overarching duty to ensure that the child's welfare is safeguarded and promoted.

19.5 Health Care and Treatment

Children of certain racial origins or from certain parts of the world may have particular health care needs and full consideration should be given to this aspect of the child's care. If a child is well and active then no special screening may need to be undertaken, over and above routine screening and monitoring offered to all children in the United Kingdom. If, however, the child is unwell, special factors should be taken into account as they may be the key to the child's ill health. For example, children of particular racial origins or from certain parts of the world may be at risk of developing or suffering a range of illness such as sickle cell anaemia, thalassemia, tuberculosis, hepatitis B and C, certain forms of diabetes, schistosomiasis, HIV/AIDS or tropical diseases such as malaria.

Children of school age are included in health care provided under the School Health Service. Children aged under five who are privately fostered should not miss out on the child health surveillance programme. Health checks are usually offered at age 6 weeks, 8 months (range 7 to 9 months), 21 months (range 18 to 24 months), 39 months (range 36 to 42 months) and in some areas, entry at 5 years into school, (range 48 to 66 months). Private foster carers should make sure that they are informed by the child's parents about the child's health checks, vaccinations etc.

All private foster carers should have a working knowledge of and skills in, first aid or be encouraged to obtain such knowledge and skills. Local branches of the Red Cross or St John's Ambulance may offer useful sources of advice and training.

19.6 Personal Child Health Record

The Personal Child Health Record should normally be held by the private foster carer i.e. the person who has care of the child. For some disabled children parents will also need to share any necessary information about specific techniques for feeding and personal care. Children with disabilities may have been receiving medical services from specialist units and special arrangements may be necessary to ensure continuity of care and treatment. Local authorities should, therefore, ensure that primary care services are aware of the private fostering arrangement.

19.7 Child's Medical History

The parents of the child to be privately fostered should make known the child's medical history to the prospective private foster carer and the local authority. The parent(s) should be asked to give the private foster carer the Personal Child Health Record for the duration of the arrangement. In addition to basic details of the child - height, weight, etc, details in a child's medical history should include:

Immunisations given and dates including, where practicable, the results of any neo-natal screening tests;
History relating to infectious diseases, with dates;
Any episodes of in-patient or out-patient hospital treatment, for any condition with dates, giving details where possible;
Whether the child has, or is known to have, any congenital condition which has, or may have, medical implications and/or which necessitates ongoing health care;
Whether the child is known to have any allergies, including allergies to any medication;
Current short term or long term medication and any other treatments, including the names of the consultants involved in the treatments;
Information on any special dietary requirements or dietary restrictions.

Consent to Medical Examination or Treatment

Consent to medical examination or treatment for which the child himself is not capable of giving may be given by a parent or other person with parental responsibility. Although a person may not transfer or abdicate parental responsibility, they may arrange for some or all of it to be met by one or more persons acting on their behalf (section 2(9) of the Children Act 1989). There is no requirement for such arrangements to be evidenced in writing. However, it is recommended that, at the commencement of the arrangement, the parent or other person with parental responsibility records in writing their agreement for the private foster carer to give consent on behalf of the child to everyday treatment which may become necessary. It may be appropriate for the local authority and the primary care trust or the child's general medical practitioner to have copies of this document.

Children of sixteen and over give their own consent to medical treatment. Children under sixteen may also be able to give or refuse consent depending on their capacity to understand the nature of the treatment; it is for the doctor or other person providing treatment to decide this.

19.8 Education

Where possible and appropriate, children should remain at the same school. However, if a school change is required, care must be taken to ensure that the school is appropriate in terms of the child's educational needs, race, culture, gender and disability.

Local authorities are obliged to satisfy themselves about arrangements for the child's education and that the local education authority has been informed of the private fostering arrangement.

Local authorities should explore the private foster carer's or prospective private foster carer's attitudes and expectations in relation to a child's education. The objective should be to establish a view as to this person's:

Understanding and recognition of the need to provide educational support to a privately fostered child, including a commitment to ensure the child's regular attendance at school;
Ability to cope with the additional parenting tasks of providing support to a child with special educational needs (where appropriate).

19.9 Standard of Care

Expectations regarding the physical care of the child should be established from the first contact between the parent and private foster carer and are best achieved through co-operation, encouragement, availability of advice and mediation, all of which focus on achieving the best interests of the child, and safeguarding and promoting their welfare.

19.10 Contact with the Child's Family

Where the private fostering arrangement will not be, or is not, within easy reach of the child's family, the local authority should explore whether clear arrangements have been made to facilitate contact. Contact with members of the child's extended family who are living in the UK should also be encouraged. Where the proposed or actual private foster carer is from a different racial or cultural group to that of the child, the local authority should ensure that the carer will enable links to be maintained with the child's racial, cultural and religious heritage.

The private foster carer's, or prospective private foster carer's, attitude and expectations should be explored concerning his promoting contact between the child's parent, or other person with parental responsibility, and any other significant person in the child's earlier life, and his willingness to facilitate visits by parents and relatives to the private foster home for the duration of the placement. It is essential that the person privately fostering, or proposing to privately foster, a child is aware of the implications of caring for other people's children and of the need to work in partnership with the child's parents. Parents and private foster carers may need advice on the importance of continuing links for the child's emotional wellbeing. The social worker should ensure that adequate arrangements are made for relationships between siblings to develop.

Arrangements for contact with the parent need to be agreed between the private foster carer and the parent (or other person with parental responsibility) so that the child retains emotional links to his birth family. Equally, arrangements for contact with siblings, relatives and others should be agreed and organised and the arrangements set down in writing. Arrangements for the private foster carer to contact the parent should also be set down. If the parent and private foster carer are working together then the child is more likely to feel secure. Of course, all contact between the child and others must be satisfactory for the child.

At every visit the local authority should enquire about any changes to the original planned duration of the arrangement and, if appropriate, offer advice and help in resolving any difficulty, even, if necessary, by providing a venue for families to meet. In normal circumstances the costs of contact is a matter between the parent and private foster carer, but financial assistance could be considered under section 17 of the Children Act 1989 if this supports a child in "need" as defined by the Act. The social worker should also enquire about the contact arrangements and how well they are working.

19.11 Parental Responsibility

Parental responsibility is one of the key concepts of the Children Act 1989. Because parents have the legal responsibility for their children they should be encouraged to participate in all decisions made in relation to a private fostering arrangement. It is most important for the well being of the child that the parent provides the prospective private foster carer with as much information about the child as possible, including his health record, diet preferences, school records, hobbies, religion, ethnicity and so on.

The Children Act 1989 defines 'parental responsibility' to include all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

A person, such as a private foster carer, who has day to day care of a child for whom he does not have parental responsibility is empowered to do what is reasonable in all the circumstances of the case to safeguard and promote the welfare of the child (section 3(5)). A person with parental responsibility may arrange (under section 2(9)) for a private foster carer to meet that responsibility by acting on his behalf, for example, by delegating responsibility for consent to medical examination or treatment. Such an arrangement may prove useful in situations where the parent of the child is unable to exercise his responsibilities. However, (under section 2(11)) such an arrangement does not affect any liability of the person with parental responsibility which may follow from a failure to meet that responsibility.

Whilst the day to day care of the child can be delegated to the private foster carer, parental responsibility is retained by the parent. How they exercise this is a matter for agreement with the private foster carer at the start of the arrangement. However, parents should be encouraged to remain as closely involved as possible in their child's life. Any drift could leave the position of the child uncertain as to which family they belong in, and allow the arrangements to be regarded as a quasi adoption. The parents should be encouraged to leave photos of themselves and family, and keep the child up to date with happenings in the family either directly and or through the private foster carers. The private foster carer should encourage this as well as contact with any siblings who may also be privately fostered, the natural family and significant people from the past.

If the parents are failing to exercise their responsibilities, e.g. failing to pay maintenance or to keep in touch, the social worker should try to locate the parents and find out if there is a problem, give advice and take appropriate action as necessary.

19.12 Wishes and feelings of the Child

The child's views and feelings about a private fostering arrangement (proposed or actual) should always be sought, subject to the child's age and understanding. The social worker should be clear on how confidences should be handled. The child's views on his becoming, or actually being, a privately fostered child need to be taken into account when an arrangement is being considered. If the child expresses a wish not to be privately fostered, the social worker needs to try to understand whether this is related to the child's anxiety about leaving the birth parent or whether there is a specific reason why they do not wish to be privately fostered by a particular person.

The social worker should be particularly aware that there may be good reasons why the child's views are different from those of his parents, or any other person with parental responsibility for him and, in the case of a child who is privately fostered, the views of the private foster carer. The more mature the child, the more fully he will be able to enter into discussion about plans and proposals, and participate in the decision-making process.

All children need to be given information and explanations so that they are in a position to develop their own views and make choices. Providing children with reassurance and helping them over their anxieties is essential if their welfare is to be safeguarded and promoted.

Where the child has communication difficulties, social workers should ensure that all necessary means are employed to enable the child to express his views, feelings and for them to be considered. Such means could include consulting someone who has the appropriate communication skills, such as sign language, and making use of Makaton or Bliss symbols - a language of signs used by people with severe learning difficulties. With young children their wishes and feelings can often be established indirectly by observation and through play or, in the case of a very challenging child, through any therapy which the child may be receiving.

In the case of a child whose first language is not English, an interpreter may be required. The importance to a child of maintaining his first language should be addressed since eventual return to his family or community is made even more difficult if he is unable to use his "own" language.

20. Advice and Support

20.1 For parents

Local authorities may need to give advice and support to parents to enable them to make alternative arrangements for the care of their child where in all the circumstances of the case the local authority considers that it is not appropriate for the child to be privately fostered, and where a private fostering arrangement is prohibited and no other is contemplated. Parents may need to be advised on the desirability to keep siblings together if possible - unless a child has particular needs which have to be met separately. They may need advice on attachment issues, and the implications of a child living away from home with someone else to whom they may become attached if parental involvement is not maintained. They may also need advice on what to do if they are concerned about their child's care.

In each case the local authority will need to consider whether support or referral to another agency would remove the necessity for the child to be privately fostered and, where feasible and in the child's best interests, provide that support or make that referral.

20.2 For private foster carers

Local authorities should provide information to private foster carers (prospective and actual) on the support that is available from other agencies, including health services, education, housing services, Connexions, voluntary organisations and community groups. They might in some circumstances need to refer private foster carers on to other agencies.

Advice may cover a range of topics from the advisability of taking out public liability insurance to the potential for racial harassment where a white carer is caring for a black child. Where appropriate, local authorities will need to give advice to private foster carers about needs arising from religious persuasion, racial origin and cultural and linguistic background. They will also, where appropriate, need to give advice which would enhance a private foster carer's ability to care effectively for a child (including in relation to age, sex and disability), and the opportunity to utilise any training or support services that may be available.

Advice to private foster carers can be given in a number of ways:

Individually by the social worker, health visitor or other professional;
In a "self-help" group, learning from other private foster carers. This can be particularly useful if it includes some experienced private foster carers with good standards of care who can act as role models to others;
Via "Drop-in" centres, possibly with child minders;
By being linked to local resources, e.g. a toy library, equipment loan scheme, play group or other relevant agencies;
Training set up specifically for private foster carers or generally for all foster parents, childminder's or others.

Recording the Child's Development and Progress

It is good practice for the local authority social worker to offer private foster carer advice about the information they should keep and the manner in which they should keep it, to be shared with the parents, and where appropriate, the local authority social services, health and education services. Such advice should cover:

Maintaining and updating the child's medical history, (with appropriate input from health personnel) and include notes/dates of visits to the GP, health clinic, etc.;
Keeping a file of school reports;
Noting the dates and means of contact with the parents and other significant people in the child's life (visits, letter, phone calls);
Record of child's out of school activities, such as sport, art, music, drama, Brownies/Cubs, etc.;
Maintaining a financial record of monies received on behalf of the child's upkeep;
Noting the dates and nature of social services contact;
Keeping a photograph album of significant events/people in the child's life.

20.3 For children

The local authority will need to provide the privately fostered child with information, in formats appropriate to the child's age and level of understanding, including about their privately fostered status and what it means, their right to be safeguarded and the responsibilities of the adults who care for them.

In addition, they should be given the contact details of a named worker who will be visiting them while they are privately fostered. The local authority should ensure that the privately fostered child is given information about advocacy services, if he is a child in need.

End