4.1.7 Allegations Against Foster Carers / Top of Form

Bottom of Form

SCOPE OF THIS PROCEDURE

This procedure applies where allegations are made or suspicions are raised that approved foster carers have caused Significant Harm to a child. It should be read in conjunction with the Local Safeguarding Children Board's Inter Agency Procedures.

An allegation is where it is alleged that a foster carer or member of their household has:

  • Behaved in a way that has harmed a child, or may have harmed a child;
  • Possibly committed a criminal offence against or related to a child;
  • Behaved towards a child or children in a way that indicates she/he is unsuitable to work with children.

Working Together 2010 also states that it ‘caters for cases of allegations that might indicate that she/he is unsuitable to work with children in their present position, or any capacity.’

Norfolk has developed a separate procedure Concerns About A Foster Carer regarding situations which do not meet these criteria.

Contents

1. / Policy
2. / Introduction
3. / Procedure
3.1 / Initial Action
3.2 / Strategy Meeting
3.3 / Investigation and Action
3.4 / Concluding the Investigation

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 Local Safeguarding Children Board's Inter Agency Procedures.

Allegations or suspicions that a foster carer has caused Significant Harm to a child will be investigated thoroughly, speedily and sensitively under those procedures and will involve open, honest and timely 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 may be necessary to consider during an investigation what action, if any, should be taken with regard to other children with whom foster carers against whom allegations are made have contact, including their own children.

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 received information about this procedure and the Local Safeguarding Children Board's Inter Agency 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 reporting any incidents or complaints, and understand that 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.

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

  • TheA senior manager of 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

3.1Initial Action

Any person who receives information or suspects that a child has suffered or is suffering Significant Harm in a foster placement must immediately inform the child's social worker or their manager. Please also see the Foster Care Whistle Blowing Policy.

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

  • Inform his or her team manager;
  • Inform the supervising social worker and fostering team manager;
  • Inform the Local Authority Designated Officer (LADO);
  • The Team Manager (or their nominee) for the child in consultation with the The LADO in consultation with the team manager for the child will consider any immediate action to protect and safeguard the child. This will involve consideration for immediate referral to CAIU and or the relevant health professionals. This consideration should establish whether awaiting a strategy meeting may cause harm to the child or contaminate the investigation, in which case a strategy discussion will be needed, see 3.2 below.;

Complete a description of allegation form (CH(F)50).

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.

The relevant LADO will implement the Norfolk Safeguarding Children Board's Inter Agency Procedures in relation to the allegation/suspicion. They will gather relevant background information and convene a Strategy Meeting as soon as possible but not later than 72 hours working days of the referral.

As the person with the safeguarding responsibility the LADO may decide that o0ther investigative routes may be identified as more appropriate at this stage, for example, the complaints process or the fostering regulations and should be considered as an alternative to a Section 47 Enquiry.

In exceptional cases where immediate action may be necessary to safeguard the welfare of the child,and where a strategy discussion has taken place, the child's social worker and his or her manager may decide to request that a new placement be identified. This decision must be ratified by the Adoption, Fostering and Residential Care Operations Manager or the Assistant Director Operations and Integrated Services. The Local Authority has a duty to consult , and all interested parties must be consulted when making significant decisions regarding a looked after child, this includes foster carers, parents, Independent Reviewing Officers and the views of the child. Any decision not to consult with a foster carer must be recorded by the child’s team manager and the fostering service and can only be made where there is a likelihood of harm to a child or such action may compromise a police investigation.

3.2Strategy Meeting

The Strategy Meeting*or discussion will take place as soon as possible and within 72 hours but not more than 2 working days of the referral. The purpose of the meeting will be to decide if an investigation is necessary and, if so, how it should be carried out. The LADO following people will be invited:

  1. The teammanager or their nominee undertaking the Section 47 Enquiry;
  2. The Independent Reviewing Officer for the child;
  3. The child's social worker and his or her manager;
  4. The Local Authority Designated Officer (LADO);
  5. The supervising social worker for the foster carer, and his or her manager;
  6. The police;
  7. The child’s school;
  8. Any other agency involved with the child or foster family, where considered appropriate.

* In exceptional circumstances where there may be an immediate need to safeguard a child an urgent strategy discussion with the police and other agencies where possible will take place. This discussion will be led by the child’s team manager and must include the LADO, CAIU and the Fostering Agency.

The Strategy Meeting must consider:

  1. The LADO referral and seek confirmation of its accuracy regarding 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; and any other work orn involvement with children (CH(F)52);
  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. IfFor Independent Fostering ProviderAgency Carers, 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.
  9. 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. Best practice is that these iInterviews should be undertaken by a senior social worker from the child’s team and from the fostering service (this must not be the foster carer’s supervisor). An interview record notes must be produced taken and made available to future meetings and/or the Fostering Panel);
  10. The time-scales for the investigation (see below) and any contingencies should timescales prove unlikely to be met;
  11. How the child should be informed of the procedure to be followed and supported through the process;
  12. Whether the alleged perpetrator should be asked to leave the home while the investigation is conducted and confirmation that the fostering manager will inform the carers of the allegation verbally and then in writing;
  13. How to inform the child's parents of the allegation;
  14. What reports on the investigation can be shared with the foster carers and the child or children in the placement and when and by who;
  15. Once informed of the decision what support to offer the foster carers;
  16. Whether further placements should be suspended in the meantime;
  17. Arrangements for reconvening the Strategy Meeting.

Whether or not the Strategy Meeting considers that the allegation or suspicion has any foundation foundation, actions from the Strategy Meeting must be followed up.

The minutes of the Strategy Meeting must contain clear action points and clear time-scales for each action. The action points and timescales will be circulated within 48 hours 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 following the Strategy Meeting must be clearly recorded by the relevant teams decision-maker on the child's and the foster carer's records.

3.3Investigation and Action

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, unless this action has been considered by the strategy meeting to be a risk to a child or police investgation.

The supervising social worker (or a colleague from the fostering service) 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. The fostering social worker will detail and agree the At this point a written agreement will be reached regarding the support offered provided to the foster carers in writing to include and the details provided oof the Advice and Mediation Service available to 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 must inform foster carers on how they will be paid supported and paid whilst they are under investigation. Where a child has been removed after an allegation and an investigation is continuing the foster carer will receive their full fostering payment for 2 weeks from the date of removal of the child. This will be followed by the payment of their accreditation fee until the date of a final strategy meeting orf for 6 months, whichever is the earlier.

They should confirm that the foster carers are aware of the following.

  1. The contents of this procedure and the relevant Local Safeguarding Children Board's Inter Agency Procedures;
  2. The address and contact telephone number of the independent agency (i.e. The Fostering Network) identified to provide the foster carers support, including information regarding consulting a solicitor and on insurance arrangements for legal expenses;
  3. The support they will receive from their supervising social worker, this must include the offer of weekly telephone calls and fortnightly support and supervision visits.

If an Initial Child Protection Conference is convened, the Conference Chair must be consulted in advance to discuss whether the foster carers should be invited to attend. In any event, the foster carers' views must be obtained for and communicated to the Conference.

The social worker undertaking the investigation will prepare a report on the investigation (this will not be the supervising social worker for the foster carer) and a copy will be provided to the foster carers and their representatives.

In the event that the foster carer makes a complaint about any part/person of this allegation process; the foster carer should be referred to the relevant NCC Compliments and Complaints Policy, which sets out that investigations under these procedures will take precedence over any complaints process.

3.4Concluding the Investigation

The final Strategy Meeting will be reconvened to conclude the investigation and agree an adjudication. The same people must attend (or send a suitable representative) and the same person will chair the meeting; the foster carers will be and their representative will be invited to participate and may bring a representative, if they are unable to attend, the meeting will still take place. Where a strategy meeting (that has not been convened as a final strategy meeting) is able to make a clear decision regarding the adjudication, then this will not prevent the adjudication from taking place. The foster carers do not participate in the adjudication.

The purpose of the final Strategy Meeting is to agree on the outcome of the investigation and 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.

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 final Strategy Meeting will agree who will notify the foster carers (if not in attendance), the child, the parents, other children in the placement or involved, other relevant agencies and (for Independent Foster Carers) the Regulatory Authority (if they do not attend the meeting) of the recommendations made at the meeting.

Appeals Against the Decision of the Final Strategy Meeting

Any party to the final strategy meeting can request a further meeting to consider substantial new evidence. Such a request should be made to the LADO within 14 days of the final strategy meeting. Carers who wish to appeal should be informed that a further meeting will only be held if there is evidence that procedures have not been followed correctly or significant new information has come to light. Carers should be advised to use the Complaints procedure if they are not satisfied.