3.1.5 Placements with Connected Person (formerly known as Regulation 38)

AMENDMENT

This chapter was significantly updated in September 2011 to take account of the changes in the Care Planning, Placement and Case Review (England) Regulations 2010 and Associated Guidance (including the IRO Handbook) and should be read in its entirety.

Introduction
Situations Where These Procedures do not Apply
Approval of Immediate Placements with Connected Person
Assessment and Checks before Immediate Placement
Relevant Plans
Approval of Placements
Action required by the Child's Social Worker immediately following the Child's Placement
Notification of Placements
Assessment of Connected Person
Action required if the placement is to extend beyond the period of interim approval
Action if the placement is to extend beyond 6 months
- Permanency Planning
Action required if the placement needs to be approved for permanence
Support and Monitoring of Placement
Ending of Placements

N.B. Where any placement of a Looked After Child with a Connected Person is proposed for a continuous period of sixteen weeks or more, in addition to the assessment and checks set out in Section 4, Assessment and Checks before Immediate Placement the Connected Person will have to be assessed as a foster carer and the child's social worker should start this process as soon as practicable after the placement is made - see Section 9, Assessment of Relatives/Friends as Kinship Foster Carers.

1. Introduction

This procedure applies to the assessment and approval of a Connected Person and Kinship Carers as foster carers whether on a planned or unplanned basis.

A Connected Person is defined as “A relative, friend or other person connected with a child. The latter is someone who would not fit the term ‘relative or friend’, but who has a pre-existing relationship with the child. It could be someone who knows the child in a more professional capacity such as (for example) a child-minder, a teacher or a youth worker.”

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."

This procedure should be followed when:

A child who cannot remain within his or her birth family is assessed as needing to be Looked after by Lincolnshire County Council and is placed with a Connected Person
A child is already living with a Connected Person and subsequently becomes Looked After by Lincolnshire County Council
A child who is already Looked After is placed with a Connected Person

2. Situations Where These Procedures do not apply

This Procedure does not apply when child goes to live with a close relative and this is a private arrangement between the parent with Parental Responsibility and the relative. In these situations it is not necessary for Lincolnshire County Council to become involved unless there are concerns for the child's welfare or the family request help.

These procedures do not apply where a child goes to live with a less immediate relative or friend and this is a Private Fostering arrangement between the parent with Parental responsibility and the carer. If this placement continues for 28 days or more the situation must be assessed under the Private Fostering Regulations. Please refer to the Private Fostering Procedure.

In either of the above situations, Lincolnshire County Council may consider the child to be a Child in Need, in which case an Initial Assessment should be undertaken by the FAST Team.

3. Approval of Immediate Placements with Connected Person

Before any placement with a Connected Person or kinship carer who is not already approved as a foster carer, the approval of the Nominated Officer (Head of Service) is required. Such a placement can only be approved for a period of 16 weeks from the date of placement after which time a further assessment must be carried out.

4. Assessment and Checks before Immediate Placement

Before any placement with a Connected Person is made, the child's social worker must assess its suitability including the level of support likely to be required and the effect of the proposed placement upon the child's contact with parents, siblings and other relatives and friends who are significant to the child.

Matters to be taken into account when assessing the suitability of a Connected Person to care for the child are:

The nature and quality of any existing relationship with the child
Their capacity to care for children and, in particular in relation to the child (or children) concerned, to provide for his/her physical needs and appropriate medical and dental care; to protect the child adequately from harm or danger including from any person who presents a risk of harm to the child; to ensure that the accommodation and home environment is suitable; in relation to the child’s age and developmental stage, to promote his/her learning and development; to provide a stable family environment which will promote secure attachments for the child, including promoting positive contact with parents and other connected persons, unless this is not consistent with the child’s welfare.
State of health (physical, emotional and mental), and medical history including current or past issues of domestic violence, substance misuse or mental health problems
Family relationships and the composition of the household, including particulars of all other members of the household, their age and the nature of any relationship with the connected person and each other including any sexual relationship; any relationship with the parents; any relationship between the child and other members of the household; other adults (not members of the household) likely to have regular contact with the child; any current or previous domestic violence between members of the household, including the connected person
Their family history, including their childhood and upbringing, and the strengths and difficulties of their parents or others who cared for them; their relationship with parents and siblings and each other; educational achievement and any learning difficulty/disability; chronology of significant life events; particulars of other relatives and their relationships with the child and the connected person
Any criminal offences
Past and present employment and other sources of income
Nature of the neighbourhood and resources available in the community to support the child and the Connected Person.

The home must be visited by the social worker as part of the assessment of the suitability of arrangements.

The child’s wishes and feelings (subject to age and understanding) must be ascertained and recorded and wherever possible, an opportunity must be provided for the child to visit the home before the decision.

The views of parents/ those with Parental Responsibility must also be obtained.

The child's social worker should complete Sections 1, 11 and 12 of the Form F2 Part 2 together with a profile of the foster child which should include a description and analysis of presenting behaviour, education, health needs and contact arrangements. The social worker must also append a copy of the Care Plan for the child.

The child's social worker should send the Initial Assessment to notify the Team Manager, Fostering, of the relevant area where the carer resides within three days. The Team Manager will arrange for a letter outlining the statutory requirements and application form to be sent to the carers. The Team Manager will allocate the assessment to a Supervising Social Worker for completion within 16 weeks.

Upon receipt of the notification, the Fostering Team Manager will allocate a Supervising Social Worker and record their involvement on ICS.

The placement may only continue after 16 weeks if the Connected Person or kinship carer is approved as a foster carer. See Section 9, Approval of Family and Kinship Carers as foster carers - or in exceptional circumstances where the temporary approval is extended.

This temporary approval can be extended for a further period of up to 8 weeks (if it is likely to expire before the assessment is completed) or until the outcome of the Independent Review (if the outcome of the assessment is that the Connected Person is not approved and seeks a review of the decision - see Assessment and Approval of Foster Carers Procedure.

Before deciding whether to extend the approval, the Local Authority must consider if the placement is still the most appropriate placement available, and it must be considered by the Fostering Panel before the above approval is given.

5. Relevant Plans

The child's placement with a Connected Person must be part of the Child's Care Plan, which should be drawn up before the placement begins or, in exceptional circumstances, within 10 working days of the placement starting.

For the required documentation, see Decision to Look After Procedure and Post Placement Arrangements Procedure.

The placement must be recorded on the child's case notes and an electronic record of the carer's details should be started.

6. Approval of Placements

Prior to any placement with a non-approved Connected Person the child's social worker must complete the Head of service approval form to be signed by his or her team manager; approval for the placement and the proposed financial arrangements to support the placement must then be obtained through the Head of Service signing this form.

7. Action Required by the Child's Social Worker Immediately following the Child's Placement

Immediately following the child's placement, the child's social worker must:-

Provide the carers with the following documents relating to the child;-
1. Copy of child and young person's ICS care plan
2. Copy of IA and CA
3. ICS Placement information record
4. Details of out of hours contacts, e.g. EDT
5. Arrange for the full age related fostering payments to be paid to the carers. This would normally be paid under S17 until panel approval
6. Obtain the carers signature on the Reg 24 agreement SS2/38 to be found on Children's Services Core Forms
Record the details of the child's admission to local authority care on ICS
Visit the placement and see the child weekly for the six week period of immediate placement under Regulation 38

The Supervising Social Worker will;-

Provide support to the placement
Book assessment on to Fostering Panel (within 6 weeks) if the placement is to continue beyond the 6 week period
Complete agency checks
Undertake medical references
Interview referees

8. Notification of Placements

Once immediate approval of placement is given by the Head of Service, the social worker for the child will ensure that payments are in place for the carers, which is the full age related fostering allowance.

In addition, the child's social worker must provide the necessary information to the relevant administrative staff so the child's records can be updated.

Notification of the placement must also be sent by the child's social worker to all those consulted and involved in the decision-making process. Notification must be sent to other relevant Lincolnshire County Council Departments or other agency professionals. This must include written notification of the relevant health and education services. They must be sent before the placement wherever possible or within 5 working days of the placement.

Notification must be sent to the Independent Reviewing Officer of the child's placement. If involved, CAFCASS should also be notified of the placement.

The notification must advise of the placement decision, the name and address of the new carers, details relating to the child's contact with parents and the arrangements related to the care and welfare of the child.

If the placement is outside Lincolnshire, the child's Social Worker must notify the local authority for the area where the child is placed.

The child's social worker must also ensure that the child is registered with a GP, Dentist and Optician, and that a Health Care Assessment takes place.

9. Assessment of Connected Person

It may be that the court requires an assessment of Connected Person to be undertaken prior to placement in which case the carers should be assessed and approved whilst the child is with birth parents or with local authority foster carers. Planned placements of children with a Connected Person should enable sufficient time for the full assessment of the proposed carers. The Assessment and Approvals of Foster Carers Procedure should be followed.

Where the relatives of children who are the subjects of Court proceedings are to be assessed it is the responsibility of the child's social worker to undertake viability studies on relevant friends/family members. Once the Court directs a full assessment of identified family members the fostering assessment should be referred to the Fostering Team.

In all assessments involving a Connected Person, consideration should be given to specific practice issues both in working with black and minority ethnic families and grandparents. BAAF Practice Guide "Relative Benefits" offers useful guidance and practice principles.

Interim Approval

A placement made under Regulation 24 of the Fostering Services Regulations 2010 can only continue beyond 16 weeks, if during that time the Connected Person is approved as a foster carer. However, if all of the statutory checks have not been completed within this timescale an interim report and documents as detailed below should be presented to Panel.

The Supervising Social Worker should contact the Administrator to the Fostering Panel (pre-approval) to arrange a time and date for presentation of an interim assessment report on the carers to the Panel to meet the six weeks time-scale. The following information should be presented to the Fostering Panel:-

Supervising Social Worker submits the following documents with the Interim report:-
- Copies of any medical reports
- Details of enhanced Criminal Records Bureau criminal conviction checks
- Details of agency checks
- Records of interviews with referees
- Records of interviews with adult children
Child's Social Worker must submit a brief report on the child,

The child's social worker and supervising social worker should both attend the Panel meeting when the report is considered. Panel will be requested to consider approval of the carers pending their full assessment. The Panel's recommendation will be presented to the Agency Decision Maker for a decision to be made.

If Fostering Panel recommend Interim Approval of the applicants under Regulation 24, pending a full fostering assessment, assessment of the carers to be completed and returned to Panel within 3 months. See below.

The Agency Decision Maker will notify the carers in writing of the decision, and the terms of their approval. The approval of a Connected Person as a Local Authority foster carer and the Fostering Services has the same obligations towards the Kinship carer as for mainstream carer.

The supervising social worker notifies the carer(s) of interim approval, arranges for the carers to sign a copy of the full foster carer agreement and the process by which the full assessment will be carried out.

At this stage the placement can be referred to as a Kinship Placement.

10. Action required if the placement is to extend beyond the period of interim approval

If the plan is for the placement to last longer than 16 weeks, the Supervising Social Worker must complete the full Form F assessment and continue to offer support to the carers.

The placement may only continue after sixteen weeks if the Connected Person is approved as a foster carer - see Assessment and Approval of Foster Carers Procedure.

The child's social worker must visit the child in placement on a weekly basis until the placement is approved.

As for all foster carers, the assessment will proceed on the basis of BAAF Form F.

The following points must be included in the report to Panel:-

Reason for the child's proposed placement
Carer's ability to meet the child's needs in the short/medium and long term
Alternatives to placement with applicants, including details of searches and enquiries
Parents views on the proposed placement
Child/young persons views on the proposed placement
Anticipated needs for post placement support
Conclusion and Recommendations

The child's social worker must prepare an updated report if there are any changes to the child's situation or additional information.

The child's social worker and supervising social worker will both attend Fostering Panel.

Having regard to the existing relationship between the child and the carers, the requirement for the carers to attend preparation and training groups prior to their approval may be waived.

The procedure for approving the assessment via the Fostering Panel is the same as the procedure for the approval of all local authority approved foster carers.

The timescale for the presentation of the full assessment is 5 months from the date of the completed referral.

See Assessment and Approval of Foster Carers Procedure.

11. Action if the placement is to extend beyond 6 months.

Permanency Planning

In circumstances where a kinship carer is to provide a long term placement for the child and the permanence decision has been made, the optimum way for providing the child with legal security would be for the carers to apply for a Residence Order or a Special Guardianship Order.

In some cases there may be a need for supervisory involvement of Children's Services is required and for the carers to continue as approved carers.

12. Action Required if the placement needs to be approved for Permanence.

Supervising Social Worker updates the Form F to include issues around:-
- The child's birth family
- Child's wishes and feelings
- Attachment
- Identity issues
- Safeguarding
- Behaviour issues
- Contact
The child's social worker to prepare the Child's Permanence Report and the Permanence Placement Report in conjunction with the Supervising Social Worker
These reports to be presented at the Permanence Panel

13.Support and Monitoring of Placement

During the first six weeks of the placement the Child's Social Worker should ensure that payments are being made to the foster carer. Any additional funding should be discussed with the carer e.g. equipment. The provision of the funding will be provided from the Section 17 Budget until and unless the carers are approved as Foster Carers.

The child's social worker must visit and see the child alone in the placement (unless she/he refuses) each week until the first Looked After Review and thereafter at intervals of not more than 4 weeks during the period of temporary approval. The visits are to be fully recorded as statutory visits.

The Full kinship approval will be subject to review on at least an annual basis. See Review of Foster Carers Procedures.

In the second year of the placement and subsequent years, the child should be visited at least every three months and whenever reasonably requested by the child or the carer.

Wherever possible, the child must be seen with the carer and alone. If this is not possible, observations should be made of the interaction between the child and the carer and if necessary an unannounced visit should be undertaken at short notice. The social worker must ensure that Care Plan Reviews are conducted as set out in The Review of the Child's Plan for Looked After Children Procedure.

14. Ending of Placements

If a child(ren) moves from the care of the family member or friend, the approval of the family member or friend as a foster carer will need to be terminated by the Fostering Service.

All those notified of the placement should be notified also when a placement is ended.

If the placement recommendation is not ratified by the agency decision maker, immediate advice should be sought from the relevant Head of Service.

End