Section 44 of the Children Act 2004 brought in new legislation on private fostering which came into force on 1 July 2005. At the same time the Children (Private Arrangements for Fostering) Regulations 1991 have been replaced by the Children (Private Arrangements for Fostering) Regulations 2005. The 2005 regulations are made under the Children Act 1989.
A private fostering arrangement is a private agreement, lasting 28 days or more, for a child under the age of 16 (under 18, if disabled) to be cared for by someone who is not a parent or close relative. Private foster carers may be from the extended family, such as a cousin or great aunt, but not close family relatives such as a grandparent, brother, sister, uncle or aunt or step-parent. A private foster carer may be a friend of the family, the parent of a friend of the child, or someone previously unknown to the child's family who is willing to privately foster a child. The period for which the child is cared for should be continuous, excepting occasional short breaks of less than 27 days.
Local authorities do not formally approve or register private foster carers, but they have a duty to make sure that children who are, or will be, privately fostered are kept safe and well. Within each local authority there must be someone who has expertise in private fostering.
The local authority must promote public awareness of the requirement for the family or relatives of the child, the prospective private foster carer and any member of the public or professional to notify the local authority of these arrangements.
Although the day to day care of the child can be delegated to the private foster carer, parental responsibility remains with the parent. The practicalities of this must form part of the agreement with the private foster carer at the start of the arrangement. Parents should be encouraged to remain as closely involved as possible in their child's life and to keep the child up to date with what is happening in their family of origin.
Anyone who proposes to privately foster a child must notify the appropriate local authority at least 6 weeks before the date on which the private fostering arrangement is to begin. If it is to begin sooner than that, they must inform the local authority immediately. Failure by a private foster carer or parent to notify a local authority of a private fostering arrangement is an offence.
The parents or private foster carer must tell you that the placement has started within 48 hours of the arrangements taking place. If you have not heard by the date the arrangement is due to start you must check what is happening. Any notification required under the regulations must be given in writing and may be sent by post.
You must visit the home within 7 days of receiving the notification (2.18 p10) see the child, the private foster carer and the parents if possible. You then have 42 working days from notification, or as soon as the outcome of the CRB check(s) is known, whichever is the sooner, to make a decision. Enhanced Criminal Records Bureau checks must be carried out on the private foster carer and all members of the household aged over 16 years. (see Annex B p58)
You must assess the ability and capacity of the private foster carer to look after the child, the suitability of the premises, check the suitability of other household members, and assess any risk of harm to children already living in the private foster carer's household, and whether, in turn, those children pose a risk of harm to the foster child. The report should be based on the Framework for the Assessment of Children in Need and their Families (2000)
The assessment should identify if there are any concerns about the child's health or development under Section 17 of the Children Act 1989, whether the child is disabled and what support and services may be needed.
Advice and help on home aids, equipment and adaptations can be obtained from the Disabled Living Foundation. Contact a Family runs a free phone advice service for parents and carers of disabled children on 0808 808 3555.
You must speak to and, where possible, visit the parents or anyone else with parental responsibility to confirm they have agreed to the arrangements and to check that suitable arrangements have been made:
for contact for the child, including with parents, siblings, relatives, friends
for contact between parents and the private foster carer
for the financial care and maintenance of the child
for the child's health and educational needs
about who will make the day to day decisions
If parents, or those with parental responsibility, fail to carry out their responsibilities and keep to the agreement, they must be contacted to find out if there is a problem, or to give advice and take appropriate action as necessary.
If you cannot contact them within 7 days you must consider your responsibilities to the child under the Children Act 1989.
You will also advise the private foster carer how to claim child benefit and any other benefits, offer wider advice or support and signpost to relevant services.
Private foster carers should keep a record of the child's development and progress and you role is to discuss with them what information and records need to be kept and with whom they will be shared.
You must visit and where possible, speak with the child on their own, or through an independent interpreter or communicator in order to:
make sure their wishes and feelings are known and their questions answered.
provide the child with clear information which helps them to understand the role of the social worker and the responsibilities of the private foster carer.
give them useful contact details including those of the social worker, inform them about statutory visits and their right to request visits
provide information about advocacy services if required
All agreements and arrangements should, as far as possible, be set down in writing.
If you are not satisfied about the arrangements for a privately fostered child:
Can they be cared for by a parent, relative or anyone else with parental responsibility?
Are they a child in need under the Children Act 1989?
If there is reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm, follow the procedures set out in Working Together to Safeguard Children2006
The final decision about the suitability of an arrangement should be signed-off at managerial level.
Religious persuasion, racial origin, and cultural and linguistic background:
Where children are placed in private foster homes of a different race, religion or culture to their own you should check that the private foster carer is aware of the child's racial origin, religious and/or cultural practices, and the child's preferred language. It is especially important that foster children are able retain fluency in the language and customs of their own family and community.
You should explore the extent to which the private foster carer understands and can provide for the child's needs and should give advice and support as appropriate.
It is important that the child's educational progress is disrupted as little as possible and they are helped to settle into a new school and a new community. Discuss and clarify the arrangements for involvement with school, such as parents evenings and reports.
The child should be registered with a local General Practitioner and dental surgery and arrangements for any other health care needs of the child put in place. The Personal Child Health Record (PCHR) will normally be held by the private foster carer.
The child's parents are responsible for giving the private foster carer full details of the child's medical history and making sure that they and the social worker are aware of any specific health needs or conditions.
The parent, or any other person with parental responsibility, gives consent for the private foster carer to take responsibility for any day to day medical treatment which may be needed, unless the child is competent to give consent in their own right. (Section 2(9) of the Children Act 1989).
Parents from abroad can place their children in private foster care during their stay in the United Kingdom provided that they notify the local authority, the placement is suitable and they take the child with them when they leave the country. You must be satisfied about the child's immigration status, in particular that the child is lawfully present in the UK. This should be done on the first occasion that the child is seen.
If you are not satisfied that there are clear plans for the child to return with the parents e.g. purchased return tickets and a clear traceable return address in the country of origin, discuss this with the adults concerned and, if concerns remain, seek advice from the Home Office Immigration and Nationality Directorate.
In the first year of placement every privately fostered child must be visited at least every six weeks and, in subsequent years, at least every 12 weeks.
You must see and speak to the child alone, or with an independent interpreter, unless this is not possible or appropriate in which case record the reasons why.
Some visits should be unannounced and some should take place when other members of the household are present.
It is an offence for a private foster carer to refuse access to the child or to obstruct you from carrying out your responsibilities. If this is the case discuss the problem with a senior manager and take legal advice.
The private foster carer must tell you of any change in their address or circumstances in relation to themselves or anyone else in the household.
The parent of a privately fostered child, and any one else who has parental responsibility for him or her, must tell you of any change of his or her own address.
If a private foster carer moves to another area you must inform the relevant local authority, and any other relevant services and agencies, of the private fostering arrangements.
Notification of the end of a private fostering arrangement:
When the arrangement to privately foster comes to an end you should be informed by the carer within 48 hours. This does not apply if it is for a period of less than 27 days. You must find out the name and address of the new carer and their relationship with the child.
If the child has died you must notify the parents immediately and follow the Local Safeguarding Children Board procedures for a child death.
Local authorities have the power under Paragraph 6 of Schedule 8 to the Children Act 1989 to impose certain restrictions, requirements or prohibitions on private foster carers as to:
the number, age and sex of the children who may be privately fostered;
the standard of accommodation and equipment to be provided for them;
the arrangements to be made with respect to their health and safety; and
particular arrangements which must be made with respect to the provision of care for them.
Your assessment and any ongoing involvement will inform the decision to impose any requirements.
The initial assessment and subsequent visits must be recorded with your observations and conclusions. All agreements and any formal notifications under the regulations should also be recorded in writing. Any matters of concern or difficulty should be clearly noted. Records will be part of the electronic social care record www.everychildmatters.gov.uk/socialcare/ics
There must be an effective system for recording information and monitoring compliance which:
records information on the numbers of privately fostered children and private
foster carers living in their area, including on the number of new notifications;
records the number and nature of enquiries received in relation to private
fostering, the responses given and any action taken;
ensures that accurate, comprehensive, well-organised and confidential records are kept for each privately fostered child and private foster carer.
There should be an individual child record for each child. Your records should clearly reflect the views of the child and the parents, the plan for the child, agreements reached, arrangements made, decisions taken and the reasons for them. They should include any advice given to the parents
There should also be an individual record for each private foster carer with written reports, advice given, decisions about offences and any disqualifications, prohibitions or requirements placed on the private foster carer or anyone else in the household.
A disabled child who is under 21 and who was (but is no longer) privately fostered at any time after their sixteenth birthday qualifies for advice and assistance from the local authority where they are living (Section 24 of the Children Act 1989).
The information required on notification
the name, sex, date and place of birth, religious persuasion, racial origin and
cultural and linguistic background of the child;
the name and current address of the person giving the notice and his addresses within the previous 5 years;
the name and current address of the proposed or current private foster carer and his addresses within the previous five years;
the name and current address of the parents of the child and of any other person who has parental responsibility for the child, and (if different) of any person from whom the child is to be, or was, received;
the name and current address of the minor siblings of the child, and details of the arrangements for their care;
the name and current address of any person, other than the parents of the child, any other person who has parental responsibility for the child or (if different) any person from whom the child is to be, or was, received, who is or was involved (whether or not directly) in arranging for the child to be privately fostered;
the date on which it is intended that the private fostering arrangement will start,
or on which it did start; and
the intended duration of the private fostering arrangement.
To gather this information the social worker must
visit the home where the child will live
visit and speak to the proposed private foster carer and to all members of the household;
visit and speak to the child alone, where appropriate and with an independent interpreter where needed.
establish the wishes and feelings of the child about the arrangement (considered in the light of his age and understanding);
that the child's physical, intellectual, emotional, social and behavioural development is appropriate and satisfactory;
that the child's needs arising from his religious persuasion, racial origin, and cultural and linguistic background are being met; will the child take part in the religious life of the private foster carer and their family and will this create any tensions?
Is the private foster carer willing to provide the child with familiar food, including food which may be part of a religious observance.
In addition to basic details of the child height, weight, etc, details in a child's medical history should include:
immunisations given with dates and, where practicable, the results of any neonatal screening tests;
history relating to infectious diseases, with dates;
any episodes of in-patient or out-patient hospital treatment for any condition with dates, and 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 those treatments;
information on any special dietary requirements or dietary restrictions.
Additional information to be provided by a person who proposes to privately foster a child (and who gives notification under Regulation 3(1)) is:
any offence of which he has been convicted;
any disqualification or prohibition imposed on him under Section 68 or 69 of the Children Act 1989 (or under any previous enactment of either of those sections under similar provisions in legislation which they replaced;
any such conviction, disqualification or prohibition imposed on any other person living in, or employed at, his household;
any order of a kind specified in regulations under Section 68 of the Children Act 1989 made at any time with respect to him;
any order of a kind specified in regulations under Section 68 of the Children Act 1989 made at any time with respect to a child who has been in his care; and
any rights or power with respect to a child that have been at any time vested in an authority specified in regulations under Section 68 of the Children Act 1989 or under an enactment specified in those regulations.
