Diary and Record Keeping for Foster Carers

Diary and Record Keeping for Foster Carers

These guidelines are for all foster carers who should follow them when keeping diaries and compiling records for the children they are looking after on behalf of the Department.

Why do foster carers need to keep records on foster children

Evidence for Court proceedings
A record of the child’s life in foster care
To monitor and measure change in the child
To aid assessment and reports for Reviews etc
To protect the carer and their family
As a record of parental and other contact
To record significant events, positive as well as negative
To aid in Life Story work.

What the law requires

The Data Protection Act 1998

Came into force March 2000. Supersedes Data Protection Act 1984 (covering access to automated records) and Access to Personal Files Act 1987 (covering access to manual records).

The Act creates a single system for gaining access to records and gives people enhanced rights to see personal information held about them. This means that people no longer have to make two separate requests for manual and automated Social Services records. The new single system is regulated by the Data Protection Commissioner.

The Act applies to all personal information held about a service user by a Social Service department, whether they are in the form of electronic or paper records.

If a person asks to see their Social Services files (people under 18 can request this as well as adults), it is likely that people other than Social Services staff will be mentioned in the records. Under the previous legislation, Social Services departments could refuse to disclose information that identified third parties. Some people said this allowed Social Services to cut too much information from a service user’s file, limiting it’s value to the person requesting access.

The main change is that the Act removes the blanket confidentiality of third parties named in files.

The Act states that Social Services and other organisations covered by the Act should normally try to gain the third parties’ consent before showing files to the person requesting them. However, Social Services can disclose the information involving the third party without their consent if this is considered ‘reasonable in all the circumstances’. Social Services should weigh up factors such as the duty of confidentiality owed to the third party and the steps taken to inform them about the disclosure.

The Act is expected to be used with common sense, e.g. if people supply very sensitive information to Social Services, e.g. suspected neglect of a child, Social Services has a strong duty to protect their identity.

The European Convention of Human Rights says that citizens have a right to know about their early childhood and development.

Local Authorities can refuse access to records if the disclosure would cause serious harm to the physical or mental health of the service user or other person identified in the records.

This Act requires that no records of children are stored on computer, or on a disk. However a computer can be used like a typewriter to produce records or reports. The memory then needs to be cleared. Because the records of children need to be signed and dated after each entry, with the subsequent record following straight after it, it is not really practical to use a computer for this purpose.

It is preferable therefore that the foster care records on children are hand-written. Reports however for Reviews or Case conferences can be prepared on a computer as these are individual documents; but again they must not be ‘saved’. It is probably preferable that your records are hand-written, signed and dated when written.

The Access to Personal Files Act (1987)

This Act says that we all have a right to see the information kept about us. Foster carers therefore also have access to their personal files and records which are kept about the, with the exception of information given in confidence by third parties i.e. personal references etc.

One person is not entitled to see information about another person, and this includes other family members. Children must also, therefore, have their own records. Parents are not entitled to see the file or record on their child unless this is in the child’s best interest. The third party rule stated previously would also apply with children’s files.

It is therefore required that the diaries used by foster carers are only used for appointments, all meetings for the children in your care and meetings which you may be asked to attend etc., not as a place to keep records on a child.

For daily recording related to a child or young person use a ring binder file with loose-leaf pates.

Do not use the record to record events for other children placed or your own children. Each child should have its own separate record even if this is just a section of an ordinary clip file. Remember your record may need to be produced for Court, and should relate to that child. Should any record involve an incident concerning another child placed, this child would need not to be identified and initials or a number used only.

Records for siblings need to be separate – they are all individuals with different levels of need, care and sometimes plans.

If you are recording information specifically for evidential purposes for Care Proceedings etc please ensure that all recording is done the same day and is dated and signed by the person who observed the specific behaviour or heard the statements made. Ensure your record continues immediately after the last entry.

These notes will be what you base any statement of evidence on, and can also be asked for by the Court or any parties to the proceedings.

Human Rights Act 1998

This Act finally came into effect in October 2000. The Articles under the Act which are particularly relevant to Social Services include:-

The Right to Life Article (2)
The Prohibition of Degrading Treatment (Article 3)
The Right to Liberty and Security of the Person Article 5) – the Right to Freedom of Expression (Article 10)
The Respect for Family Life, Home and Correspondence (Article 8) has connotations for professionals working with children particularly in relation to the detention of children, including Looked After Children.

The Human Rights Act is not going to threaten you because you already work in a system which enshrines it’s principles. The impact of the Act is probably greatest where it is recognised by the carer that good risk management requires them to ensure that their day to day decisions respect the rights of the individuals set out under the convention. For children the act as an important extra protection for them as service users. Client confidentiality is important and breaches of this could be challenged under Article 8.

Factors to be considered when writing the record on each child

The record is the property of the Department and should be shared with the social worker during placement, and given to them when the child leaves placement. If you are concerned that there may be future allegations or complaints from a specific child and you wish to retain a copy of the record, then this should be negotiated with the social worker, during, or at the end of the placement. This should clearly be recorded on the carer’s file for future reference.

Record facts and observations, and state when you are giving an opinion and the basis as to the reason you have come to this conclusion/opinion. The foster carer who observes, or hears, the happening should preferably be the one to record it on the child’s record. In all cases the individual day’s record should be dated and signed as soon as possible after the event.

If you write what someone else has told you that they have seen or heard, this is hearsay, in a court of law and may have less weight as evidence.

Don’t always write the record immediately after a happening, which may have left you, feeling upset or angry. Take time to think things through first, as it will be difficult to amend a continuous record once it has been written.

Remember that you need to record all significant events for the child also. What may seem insignificant for you may be significant for them later in life, e.g. school merits, when milk teeth were lost etc. Many of the children we work with have no one to ask about even the simplest details of their lives. If they change placements, these simple facts get lost.

Don’t use jargon. Try to be specific and say what the behaviours were and the context in which they occurred. Write in a way that explains/gives details of behaviours e.g. don’t say “Susan was disruptive today”. Explain, “Susan came home from school today and broke two of her favourite toys (her computer game and Paddington Bear) because she had been told off by her teacher for talking in class, when she should have been listening to the lesson. Always think what the words may mean to the child or young person when he or she may read them in five, ten or even fifty years’ time. But if quoting what a child has said or disclosed, you must use their words and phrases used.

For all short-term placements a daily record will need to be kept. For long-term and permanent placements you may prefer to keep a weekly record when there are no significant events or changes in the child’s life. If you are unclear about what is expected, please check with the child’s social worker, or ask for clarification at your Placement Agreement meeting or child’s Review.

If the information you record is following a disclosure of some form of physical, sexual or emotional abuse, it is crucial that you record the information within the same guidelines, using the child’s own words (do not interpret into your own words) but that you also inform the child'’ social worker, supervisor or in their absence the duty officer for the relevant childcare team. This information could leave this child or other children at risk if it is not shared with those who have a duty to investigate such concerns. It may also leave you vulnerable too. It is not your role to determine truth or otherwise in this situation, or hold this information, out of office hours. Inform the Child Protection Team out of hours, or the Fostering Duty Worker out of hours.

Don’t be tempted to leave bits of information out that you feel might be painful for the child to read. Decisions will be made at the time, relevant to a child’s age and development as to what would be appropriate for them to see at that particular time. Someone would then go through the information with them. They are not just handed their file to read at will. All our lives are made up of different experiences and varying emotions. Many of the children we work with are unclear as to why they have been fostered and for many it becomes very important for them to establish this.

Record all medication given/medical treatment sought.

Record your mileage daily.

Record and keep a record of any finances, pocket money, clothing etc.

Keep your own record of expenditure and income for tax and accounting purposes.

Others will have a need to preserve a fantasy about their past. It is less likely that these children or adults would request to see their files.

Keep all records in a safe, secure place. Do not store on a computer as this contravenes current legislation.

Just to recap-your diaries are for noting appointments only – for daily/weekly

Recording relating to the child or young person please use ring binder file with loose-leaf paper, allocating a separate section to each child. These records can then easily be passed on, and another section created for any future placement. Return all documents at the end of the placement

Don’t panic if you have not been recording in this way up to now, but do start as soon as possible. If you need any additional advice please ask your Fostering Officer or raise the issue in your support groups again. A record sheet is attached for your information for you to copy.

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CHILD/YOUNG PERSON RECORD SHEET

ON______

DATERECORD

(Please sign and date when recorded at the end of each entry)

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