SUNDRY PROCEDURES & PROTOCOLS

7. PROTOCOL ON PRIVATE FOSTERING ARRANGEMENTS

APPENDICES

1.Guidance for Private Foster Carers (page 2)

2.Best Practice Flowchart (page 6)

3.Core Assessment Key/Additional Issues for Consideration (page 8)

4.Reference Materials (page 10)

5.LBTH Private Fostering Services Statement of Purpose (page 12)

6.Private Fostering Panel Procedures (page 19)

7.LBTH Policy Statement: Disqualifications, Appeals, Offences in Relation to Private Fostering (page 25)

8.Decision-Making Flowchart (page 26)

9.Professionals’ Duty to Report Private Fostering (page 27)
Appendix 1 – Guidance for Private Foster Carers

1.Rights of Private Foster Carers

1.1A private foster carer’s rights in relation to his/her care of a child/young person are limited.

1.2A private foster carer does not have parental responsibility for the child/young person. His/her rights to do anything with respect to taking care of the child/young person and having him/her live with him/her stem from the voluntary, revocable arrangement made with the person who does have parental responsibility for him/her.

1.3The private foster carer has no right to retain the care of the child/young person against the will of a person with parental responsibility, unless there is a residence order in force and the person in whose favour that order was made consents to the child/young person remaining with the private foster carer.

1.4While the child/young person is in the private foster carer’s care, the private foster carer may do what is reasonable in all circumstances for the purpose of safeguarding or promoting the child/young person’s welfare subject to the provision of the CA 1989.

1.5In practice it seems that a private foster carer may have the de facto right to determine many matters relating to the child/young person’s care, provided they are within the authority granted to him/her by the parent. However it is wrong to regard this as a true right for, if any person with parental responsibility challenges the private foster carer, the private foster carer has no legal standing to insist upon matters against the will of the person.

1.6In the absence of the creation of a trust or settlement, a private foster carer has no right over the child/young person’s property of money. At all times he/she is acting as an agent of the child/young person’s parents or person with parental responsibility.

1.7A private foster carer may in certain circumstances:

  • Do what is reasonable in all circumstances to safeguard or promote the child/young person’s welfare.
  • Apply for a residence order
  • Apply for a Section 8 contact order
  • Apply for certain social security benefits in relation to each child/young person
  • Apply for contact if the child/young person has been removed by the local authority
  • In certain circumstances apply to the High Court for Wardship, or other inherent jurisdiction
  • A private foster carer may not:
  • Acquire parental responsibility for the child/young person other than under a Residence Order or an Adoption Order
  • Retain the child/young person against the wishes of those with parental responsibility unless he/she has a Residence Order
  • Administer the child/young person’s property or money
  • In the absence of a Court Order, a private foster carer cannot have parental responsibility transferred to him/her, and does not acquire parental responsibility by virtue of the arrangement itself.
  • A private fostering arrangement does not affect any liability of the person making it which may arise from any failure to meet any part of his/her parental responsibility for the child/young person.
  • While one person with parental responsibility for a child/young person may make arrangements for another person with parental responsibility to meet some or all of the responsibility on his/her behalf, that second person does not become a private foster carer with respect to the child/young person.

1Termination of Private Fostering

1.1The following people have the right in appropriate circumstances to remove a child/young person from his/her private foster carer:

  • The child/young person’s parent with parental responsibility
  • The holder of a Residence Order with respect to the child/young person
  • Any other person with parental responsibility
  • The Local Authority
  • The Police: who have a right to remove a child/young person and receive him/her into police protection
  • Any person who obtains an Emergency Protection Order
  • Any person acting under the authority of a Child Assessment Order, which permits the removal of the child/young person for the purpose of assessment
  • Any person who has the authority of the High Court, under its inhabit jurisdiction, to remove the child/young person
  • A private fostering arrangement is a private voluntary agreement. The agreement may be terminated at any time by a parent with parental responsibility requesting the return of the child/young person. An unmarried father without parental responsibility has no right to remove the child/young person from a private foster placement arranged by some other person who has parental responsibility.
  • Where a Residence Order has been made in favour of a person, that person, if they do not otherwise have parental responsibility for the child/young person, will have parental responsibility for him/her, as long as the residence order remains in force (CA 1989, S 12(2)).
  • The Residence Order holder may place the child/young person with private foster-parents, and has the right to remove the child/young person from the foster home at his/her discretion (CA 1989, s 2(9)).
  • If the private foster carer prevents the removal of the child/young person, the Residence Order holder may enforce the Residence Order, once a copy of it has been served upon the private foster carer (CA 1989, s14)
  • Subject to the right of a person in whose favour a Residence Order has been made to determine where the child/young person should live, a person with parental responsibility for the child/young person has the right to remove the child/young person from private foster carers as part of the general rights of a parent to have physical possession of his/her child/young person. The person with parental responsibility will have this right whether or not they are the actual parent of the child/young person (CA 1989, 3(1)), and whether or not the other persons with parental responsibility agree (CA 1989, s 3(1)).
  • The Local Authority may, and in certain circumstances must, remove a child/young person from private foster carers if permitted by one of the following orders:
  • A Child Assessment Order
  • An Emergency Protection Order
  • An Interim Care Order
  • A Care Order
  • In addition the local authority may bring about the removal of the child/young person from the private foster-parent by imposing a prohibition upon the foster placement (CA 1989,s 69).

2Social Security Benefits

2.1A private foster carer may be entitled to claim the following benefits:

  • Child Benefit
  • One Parent Benefit
  • Family Credit, income support and housing benefit
  • Guardians allowance
  • Benefits for disabled children/young people

3Remedies for Private Foster carers after a child/young person has been removed

3.1A private foster carer may in certain circumstances apply for the return of the child/young person:

  • By applying for a Residence Order
  • Under the inherent jurisdiction of the High Court
  • If the child/young person was removed under an Emergency Protection Order, by applying to discharge that order and applying for a Residence Order,
  • A private foster carer may in certain circumstances seek contact with the child/young person who has been removed from his/her care
  • If the child/young person was removed by a parent by applying for a Section 8 Contact Order
  • If the child/young person was removed under an Emergency Protection Order, by seeking a direction from the court which made the order providing for contact
  • If the child/young person has been removed by the local authority, by means of an Interim Care Order or Care Order, by seeking an order in the care application, by seeking an order in the care application or by seeking the agreement of the local authority.
  • The local authority has a duty to promote and maintain contact between a child/young person whom it is looking after and, inter alia, ‘a friend or other person connected with him’ (CA 1989, Sch 2, para 15). A previous private foster carer could be included within the people referred to by this wide phrase.

4Adoption

4.1A private foster carer may apply to adopt a child/young person. The application will be a non-agency placement and entails the private foster carer giving notice to the local authority of his/her attention to apply for adoption.

4.2The child/young person must have lived with the private foster carers for at least 12 months before an Adoption Order can be made.

4.3If the child/young person has lived with the private foster carers for over five years, there are restrictions upon the removal of the child/young person from the home while the adoption application is pending once the notification is given to the local authority.

Sundry Procedures & Protocols 7 Private Fostering: AppendicesPage 1 of 27

Appendix 2 – Best Practice Flowchart

Notification of a proposal to privately foster a child/young person

Sundry Procedures & Protocols 7 Private Fostering: AppendicesPage 1 of 27

Best practice flowchart

Notification of a child/young person already being privately fostered

Sundry Procedures & Protocols 7 Private Fostering: AppendicesPage 1 of 27

Appendix 3 – Private Fostering Social Work Assessment - key/additional issues for consideration

The following are taken from Private Fostering: Some views from privately fostered children on the government’s proposals about private fostering (Roger Morgan, Children’s Rights Director, CSCI, May 2005).

Things social workers should check on for privately fostered children/young people to ensure they are safe and looked after properly:

  • Is the child/young person being looked after properly? What does he/she say?
  • Is the child/young person being beaten?
  • That the carers aren’t giving things to their own children/young people that the privately fostered child/young person doesn’t get
  • Is the child/young person eating properly? (Something to ask the child/young person too)
  • Does the child/young person say they are missing out on anything?
  • Is the child/young person enjoying themselves?
  • Is the child/young person going to school?
  • Is the child/young person learning? What does he/she say?
  • Is the house dirty or clean? (for example, hygiene around the house – likely to have harmful bacteria if dirty, is the kitchen clean with plates washed up?)
  • Where the child/young person sleep – does the child/young person have their own bedroom*?
  • Do the carers have enough benefits and income to look after the child/young person properly?
  • Is the house safe for a child/young person to live in?
  • Check police records about the carer and their family
  • What sort of past history does the privately fostered child/young person have with social services?
  • How does the child/young person behave towards the carer? How does the child/young person describe the relationship?
  • Does the carer like the child/young person? What does the child/young person say?
  • Does the child/young person feel happy in the home?
  • Does the child/young person feel safe in the home?

* Good practice indicates under normal circumstances that a child/young person over two years should not share a bedroom with a teenager, the private foster carer or other adult member of the household.

Sundry Procedures & Protocols 7 Private Fostering: AppendicesPage 1 of 27

Appendix 4 – Reference Materials

African Family Advisory Service (1997), Private Fostering: The Need to Safeguard, Protect and Promote, London: Save the Children

Barn R (1999), Working with Black Children and Adolescents in Need, London: BAAF

Batty D (1995), Caring for Other People’s Children: A guide for private foster carers, London: BAAF

Black Children and Private Fostering, London: Race Equality Unit (1993)

Bond H (2005), Private Fostering: What it is and what it means, London: BAAF

Bostock L (2003), ‘Effectiveness of childminding registration and its implications for private fostering’, Position Paper 1, London: Social Care Institute for Excellence

Cairns K (2002), Attachment, Trauma and Resilience, London: BAAF

Every Child Matters, London: The Stationery Office (2003)

Every Child Matters: Change for Children, London: DfES Publications (2004)

Fahlberg V I (1991), A Child’s Journey through Placement, London: British Agencies for Adoption & Fostering

Framework for the Assessment of Children in Need and their Families, London: The Stationery Office (2000)

Geddes A (2004) cited in ‘Trend towards private fostering of teenagers expected to shatter myth’, Community Care, 22 January 2004

Hodge M (2004), letter to BAAF dated 9 January 2004, London: DfES

Holman B (2003), The Unknown Fostering, Lyme Regis: Russell House

Kidane S (2001), Food, Shelter and Half a Chance: Assessing the needs of unaccompanied asylum seeking children, London: BAAF

Morgan R (2005), Private Fostering: Some views from privately fostered children on the government’s proposals about private fostering, CSCI

Pan London Child Protection Procedures

Personal Guide to Children Act 1989 in the Context of the Human Rights Act 1998, Fergus Smith & Professor Tina Lyon, Children Act Enterprises (2002)

Philpot T (2001), A Very Private Practice, London: BAAF

Philpot T (2003), ‘Bad Company?’, Community Care, 6 November 2003

Prevatt-Goldstein B & Spencer M (2000), ‘Race’ and Ethnicity: A consideration of issues for black, minority ethnic and white children in family placement, London: BAAF

Private Fostering: Advice notes, London: BAAF (2001)

Seeking Consent: Working with Children, London: DH (2001)

Sunmonu Y (2003), Cherish, London: Mango Publishing

The Lost African Child, London: The African Women Welfare Association Ayoka Project

The Victoria Climbié Inquiry, Lord Laming, London: The Stationery Office (2003)

What to Do If You’re Worried a Child is Being Abused, London: DH (2003)

Working Together to Safeguard Children, London: DH, HO & DfEE (1999)

The list of publications above is a sample of available reference materials on private fostering and is not intended to be an exhaustive list in terms of importance or relevance.

Sundry Procedures & Protocols 7 Private Fostering: AppendicesPage 1 of 27

London Borough of Tower Hamlets’ Private Fostering Services Statement of Purpose

To be read in conjunction with LBTH Protocol

on Private Fostering Arrangements

August 2005

Sundry Procedures & Protocols 7 Private Fostering: AppendicesPage 1 of 27

Introduction

This Statement of Purpose is a description of private fostering arrangements within the London Borough of Tower Hamlets and is separate from LBTH Fostering Services’ Statement of Purpose 2005. This Statement of Purpose is designed to meet the needs of the National Minimum Standards for Private Fostering, Standard number 1 and to provide a clear guide of the service for professionals, the public, council members and outside organisations.

This Statement of Purpose will describe private fostering arrangements, the assessment processes and the support/advice offered to private foster carers, privately fostered children and their parents within the London Borough of Tower Hamlets.

Any comments or enquiries regarding this Statement of Purpose should be passed to the Service Manager Fieldwork, Jake Morgan, on 020 7364 5000 or by email to .

Regulation

Tower Hamlets private fostering service is regulated by the Commission of Social Care Inspection. Their contact details are:

CSCI Stratford Area Office

4th floor, Gredley House

1-11 Broadway, Stratford

London E15 4BQ

Tel:020 8221 3360

Email:

Website:

LBTH private fostering service is currently based at the Advice and Assessment Team East, 1 Gladstone Place and the Family Support and Protection Team based at Jack Dash House. The Department is committed to maintaining high standards in relation to private fostering service provision and to reviewing this on a continual basis.

LBTH holds statutory powers and responsibilities as a local authority in relation to private fostering arrangements.

The service works to ensure that equal opportunities are incorporated into all aspects of service delivery and all prospective private foster carers are assessed and supported on the basis of the needs of the individual private foster child/young person regardless of race, religion, class, marital status, sexual orientation or disability.

Private fostering services are located within Children’s Services, a division of Social Services headed by the Head of Children’s Services. The private fostering services comes under the Service Manager Fieldwork and consists of two private fostering social workers located within the Advice and Assessment Team East and the Family Support and Protection Team, Isle of Dogs, and three development workers whose brief includes private fostering development work and they are based at Social Services, 22-28 Underwood Road. The two private fostering social workers are managed by Geraldine O’Donnell (020 7364 5618) and Urme Mazher (020 7364 6294), and the development workers are managed within the Child Protection and Reviewing Service.

There are clear arrangements in place in the absence of a team manager. On day-to-day issues, a practice manager will deputise for the team manager whilst in the absence of either team managers can seek support and advice from either their group manager or service manager, children’s resources or another team manager available within the service.

1. Legal definition of a privately fostered child

In the definition provided by The Children Act 1989, a privately fostered child means: