2.1.4 Private Fostering

1. Introduction

For children the experience of being privately fostered may not be very different from being looked after in local authority foster care. Children, their families and their private foster carers, should therefore be provided with a comparable standard of service to children who are looked after. This is required in part by legislation and in part by these procedures. Further information on Lincolnshire Children's Services, Private Fostering, can be located on the Lincolnshire County Council's information pages. Click here to view Private Fostering page of the website.

The death of Victoria Climbié whilst in the care of her great aunt has highlighted the need to improve notification rates and compliance with the existing legislative framework. Local authorities have to appoint or designate a member of staff to monitor the discharge of their private fostering functions. In Lincolnshire this role is to be carried out by the Monitoring Manager for Private Fostering, who is the Head of Service for Safeguarding. Reports about private fostering have to be submitted annually to the Director of Children's Services and to the Safeguarding Children Partnership.

The general welfare duty of local authorities now extends to children who are proposed to be privately fostered - see Section 5, General Welfare below. There is now a requirement for a person who has given notice of an intention to privately foster a child to notify the local authority within 48 hours of the placement actually taking place - see Section 4, Notification below.

National Minimum Standards have been introduced, the first of which requires the Local Authority to produce a Statement on Private Fostering. The National Minimum Standards for Private Fostering together with the Children (Private Arrangements for Fostering) Regulations 2005 and the Replacement Children Act Guidance on Private Fostering can be found at the Department for Education website.

All workers shall read the National Minimum Standards when starting the assessment of arrangements.

2. Definition of a Privately Fostered Child

A privately fostered child is a child who is under the age of 16, or 18 if disabled, and who is cared for and accommodated by someone other than a parent, person with parental responsibility or a relative.

A relative is defined as a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity) or step parent. A cousin or a great aunt could therefore be a private foster carer. Affinity means by marriage.

A friend of the family or someone unknown who is willing to foster privately will also be within the definition of a private foster carer.

A child is not a privately fostered child if the person has cared for him for a period of less than 28 days and does not intend to do so for any longer period.

A child under the age of 8 cared for over a period of up to 27 days which includes overnight stays is subject to Child Minding Regulations.

Schedule 8 of the Children Act 1989 provides exceptions to the general definition of private fostering in order to ensure that normal domestic arrangements are not within the scope of the Part IX control and that placements which are more appropriately controlled by other provisions are excluded.

NB Where an interim adoption has been made that will become a convention adoption or an overseas adoption in the child's State of origin, the adopter must notify the local authority that the child is staying in their home as soon as possible after their arrival in the U.K. The local authority should treat the child as a privately fostered child and carry out regular welfare visits until the full Adoption Order is made.

3. Identification of Privately Fostered Children

The Children Act 2004 places a duty on local authorities to promote public awareness in their area of the notification requirements.

The Children's Services Private Fostering Monitoring Manager (Head of Service for Safeguarding) is responsible for developing a strategy for the publicity and dissemination of advice and information about private foster care. This will be done using posters, leaflets and advertisements in the media in a variety of languages, emphasizing the legal requirement to notify. All local agencies, especially those involved with children and families will be made aware of the nature and requirements of private fostering and should be asked to assist in the publicity and dissemination process.

4. Notification

Any person who proposes to privately foster, is involved in arranging for a child to be privately fostered, or is the parent who proposes or knows their child is to be privately fostered, must notify the local authority between 6 and 13 weeks before the private fostering arrangement begins. In practice notification may be received in a number of ways and a referral should be completed by the Customer Service Centre and passed to the locality Team Manager. At this point a Police Check must be undertaken regarding all adults that live in the household prior to any placement being made. This will be followed up in the Assessment with a Disclosure and Barring Service Check.

Any person who has given notice of a proposal to privately foster a child must also notify the local authority within 48 hours of receiving the child.

Where a child is placed in an emergency, notification must be made within 48 hours. At this point a Police Check must be undertaken regarding all adults that live in the household as soon as the Local Authority is aware of the Placement.

The social worker should visit and see the child, the carer and also the parent within one week of the notification of the private fostering arrangement, see Section 5, General Welfare. The social worker should ensure carers and parents are clear about their respective roles and responsibilities. The social worker should see the birth certificate; if the child has come from abroad the social worker should also see the child's passport.

The social worker should promote the use of the Lincolnshire County Council Children's Services agreement between parents and carers. If the parent(s)/carer(s) are not willing to use the agreement this must be recorded onto the child's record and confirmation of their decision put in writing by the social worker. If the carer(s)/parent(s) create their own agreement a copy of this must be retained on the child's record.

Any person who ceases to foster a child privately must notify the local authority within 48 hours and must include in the notice the name and address of the person into whose care the child was received. This notice is not required where the private foster carer intends to resume the private fostering arrangement after an interval of not more than 27 days. If s/he subsequently abandons her/his intention or does not resume the arrangement within 27 days, s/he must give notice to the local authority within 48 hours.

Where the reason for ending the arrangement is the death of the child, the private foster carer must notify the local authority and also the person from whom the child was received forthwith.

Any change of address or circumstances of the foster carer and/or household must be notified in advance if practicable and, in any other case, within 48 hours.

Where the child is an open case and the child's status changes to that of a private fostering arrangement, the notification must be recorded as a contact on MOSAIC and the PFAAR to be linked with that notification. At the point of deciding this is a private fostering arrangement the contact should be put on from this date.

5. General Welfare

There is a duty on local authorities to satisfy themselves that the welfare of privately fostered children is being satisfactorily safeguarded and promoted and to secure that such advice is given to foster carers as appears to be needed. (Section 67(1) Children Act 1989).

This is in addition to the general duty to safeguard and promote the welfare of children in need and to promote the upbringing of such children by their families so far as this is consistent with the welfare duty to the child. (Section 17(10) Children Act 1989).

These two duties have been extended to include children who are proposed to be privately fostered. (Section 44 Children Act 2004).

6. Action by the Local Authority

Any person who proposes to privately foster, is involved in arranging for a child to be privately fostered, or is the parent who proposes or knows their child is to be privately fostered, must notify the local authority between 6 and 13 weeks before the private fostering arrangement begins. In practice notification may be received in a number of ways and a referral should be completed by the Customer Service Centre and passed to the locality Team Manager. At this point a Police Check must be undertaken regarding all adults that live in the household prior to any placement being made. This will be followed up in the Assessment with a Disclosure and Barring Service check.

Any person who has given notice of a proposal to Privately Foster a child must also notify the local authority within 48 hours of receiving the child.

Where a child is placed in an emergency, notification must be made within 48 hours. At this point a Police Check must be undertaken regarding all adults that live in the household as soon as the Local Authority is aware of the Placement.

Where the child is an open case and the child's status changes to that of a private fostering arrangement, the notification must be recorded as a contact on MOSAIC and the PFAAR to be linked with that notification. At the point of deciding this is a private fostering arrangement the contact should be put on from this date.

When a notification of a proposal to privately foster a child is received a social worker shall visit to complete the Private Fostering Assessment of Arrangement within 7 days of the notification. Once the child has moved to live with the private foster carer the social worker must visit the child within 7 calendar days of the date when the child moved in.

When a notification is received of an Arrangement that a child is being privately fostered, the social worker must visit and see the child within calendar 7 days and complete the Private Fostering Assessment of Arrangements. This notification may be about a child who has been privately fostered for some time without previous notification, or who has been privately fostered after previous notification, or who has been privately fostered in an emergency.

If the notification is provided by telephone or verbally the parent or private foster carer shall be asked to put it in writing. A record on the child's record will be made that the request was made.

The social worker should ensure private foster carers and parents are clear about the respective roles and responsibilities and that the child's wishes and feelings about the arrangements are taken into account (in the light of the child's age and understanding).

The social worker shall send a letter to the parents, private foster carers and relevant agencies to inform them of the notification of intention for the private fostering arrangement to be made, or that the child is living in a private fostering arrangement. A copy of the National Minimum Standards is to be enclosed. The child should be provided with a Complaints leaflet and NYAS leaflet. The parents should be provided with a copy of the National Minimum Standards. A record of this must be recorded onto the child's record.

Failure to comply with the regulations is an offence (see Section 14, Offences).

7. Assessment

As soon as notification of a proposed (or emergency) arrangement is received, the social worker should visit to complete a Private Fostering Assessment of Arrangements and record the views and the needs of the child, parents, the suitability of the carers, other members of the household, accommodation and the overall suitability of the fostering arrangement for the child.

At this point parental agreement must be sought from the Parents/those with Parental Responsibility of the child and recorded on the Private Fostering Agreement Letter. This Agreement is a statement of responsibilities, requirements and expectations which is jointly agreed in relation to the arrangement of the child. The Private Fostering Agreement must be signed by the Parents/those with parental responsibility and the Private Foster Carer.

The welfare of the child is paramount and particular care should be given to ensure children are safeguarded from harm and a holistic assessment of their needs is made. At this point a Police Check must be undertaken regarding all adults that live in the household. The social worker should complete the Private Fostering Assessment of Arrangements. A visit to see and speak to the child must be made within 7 calendar days of the start of the Arrangement.

At the end of the Assessment of Arrangements, the Team Manager should consider whether there are any requirements which should be imposed (see Section 12, Requirements and Appeals), and whether any person should be disqualified or prohibitions imposed as described in Section 13, Disqualifications, Prohibitions and Appeals. If this is the case the Team Manager will notify the Private Fostering Monitoring Manager (Head of Service for Safeguarding) who will authorise the need to action Prohibition.

If the private fostering arrangement continues during the Prohibition period, a Child and Family Assessment should be undertaken on the child and a Child and Family Progress Plan prepared. The Regulation 8 visits shall continue to timescale.

For those children whose parents are living in another country and contact is not easily maintained, or parental responsibility requirements are not able to be carried out, the local authority will take into account the views of the child applying Gillick Competence as part of the assessment and decision making.

In some situations the private foster carer may wish to apply for Special Guardianship. Consider advising step parents who have been looking after children in their lives for considerable time to apply to court for CAO or SGO where this is a more appropriate arrangement for children. This will give stability to placements.

The Fostering Supervising Social Worker will provide information and guidance on Special Guardianship.

The Private Fostering Assessment of Arrangements (PFAA)

Children and families should always be made aware of their right of access to their records and a note of the discussion should be made.

The responsibility for the private fostering assessment of arrangement lies with the child's social worker.

At the start of the PFAA the child's social worker will notify the Fostering Team Manager who will allocate a supervising social worker to be involved to undertake the Assessment of the Private Foster Carer(s), including all the relevant statutory checks and references on all adult members of the private fostering household.

If the child is already in the placement at the time of the completion of the PFAA the child's social worker shall write to the relevant other professionals notifying them of the child's circumstances.

Those parties who exercise Parental Responsibility for the child/Young Person should notify key agencies i.e. GP, School of the change in the child's circumstances i.e. the Private Fostering Arrangement.

Children's Services will also notify health and education of an arrangement.

The child's social worker shall visit the child during the completion of the PFAA. If the PFAA is completed following the notification and the child cannot be seen due to living in another country the reason for not seeing the child must be recorded. If it is a notification the child's social worker shall visit the child within 7 calendar days of the start of the Arrangement.

On each occasion on which a child is visited, the social worker should, unless inappropriate, arrange to see the child alone and, if necessary, outside the home.

All visits must be recorded on the child's case record.

The Team Manager shall send a letter to the parents, private foster carers and other relevant agencies confirming the outcome of the arrangement assessment and providing consent or not to the continuation of the arrangement or plan to make the arrangement.

The Assessment of the Private Foster Carer(s)

The Assessment of the Private Foster Carer(s) will be completed within 35 working days of the end of the Private Fostering Assessment of Arrangement.

As part of the assessment, the (fostering service) supervising social worker shall obtain a Disclosure and Barring Service checks for adults in the private fostering household, plus statutory and two personal references for the adult private foster carers. Where appropriate, for example where a private foster carer has only recently moved into the county, checks of records held by other local authorities' Children's Services should also be made by the supervising social worker. Personal referees should be interviewed and asked to confirm their opinion in writing. The supervising social worker shall make arrangements to record all case activity onto the child's case record, including dates when the statutory checks were processed. The supervising social worker must ensure that the application for, and return of, statutory checks is on the child's file record.

If any of the statutory checks are not returned by the end of the Assessment of the Private Foster Carers the Fostering Service is responsible for monitoring the return and discuss the outcome of the checks, and any impact on the assessment completed by the Fostering Service, with the child's social worker. The Fostering Service can be requested to complete an addendum to their assessment report following the return of the statutory checks. The fostering service will record onto the child's record the statutory checks review information within the review section.

Local authorities do not formally approve or register private foster carers; they do have a duty to satisfy themselves that the welfare of children who are or will be privately fostered within their area is being or will be satisfactorily safeguarded and promoted.

The completed Assessment of the Foster Carer(s) shall be authorised endorsed by the child's social worker's the Fostering Service Team Manager, who must also ensure that this information is recorded on the child's record.

If the Assessment of the Private Foster Carer(s) highlights any issues or concerns there shall be a joint visit to the carers by the child's social worker and the supervising social worker to discuss the concerns and confirm the Local Authorities next step.

If there are no issues the supervising social worker will visit the carer(s) to confirm the outcome of the assessment.

The supervising social worker will confirm the outcome of the assessment with the child's parent(s). The supervising social worker and child's social worker may need to undertake a joint visit to the parent(s).

In all circumstances the child's social worker shall feedback to the child the outcome of the assessments. The supervising social worker shall accompany the child's social worker on occasions.

The Fostering Service Team Manager of the child's social worker shall confirm in writing consent that the carer can privately foster the child or other requirements decisions, ensuring that a copy is stored on the child's record.

If at any time the arrangements proposed do not appear to be satisfactory, the parent should be advised by the child's social worker not to proceed with the placement and alternative courses of action should be considered; these may include considering whether the local authority should exercise any of its functions under the Children Act 1989. The need to impose requirements, disqualifications or prohibitions should be considered at the meeting - see Sections 12, Requirements and Appeals and Section 13, Disqualifications, Prohibitions and Appeals.

If the arrangements appear to be satisfactory, the Fostering Service Team Manager of the child's social worker will consider whether the welfare of the child will be satisfactorily safeguarded and promoted. The Fostering Service Team Manager should make and record his/her decision on the child's case record.

The Team Manager for the social worker of the child is responsible for the monitoring and authorisation of the arrangements through the sign off of the Assessments, visits under Regulation 8 and supervision of the social worker and any other Assessments and plans carried out under the Children Act 1989.

8. Advice and Support

Parents of privately fostered children and private foster carers should receive advice and support to assist them to meet the needs of children who are privately fostered. Privately fostered children should be able to access advice and support when required so that their welfare is safeguarded and promoted.

Parents may need advice and support to make alternative arrangements for the care of their child if the private foster care arrangements are inappropriate or unsuitable. They may need advice on attachment issues between siblings and between children and themselves and children and their private foster carers.

Private foster carers should receive information about the support available from other agencies such as health, housing and schools. They will need advice about issues arising from a child's religion, racial, cultural and linguistic background as well as any particular issues affecting the child.

This advice may come from individual professionals, self-help groups, drop-in centres, toy libraries and training courses, possibly with registered foster carers.

The social worker should give specific advice about recording the child's development and progress. This advice should cover recording the child's medical and educational progress, contact with parents, recreational activities and photograph albums. A record of financial transactions should be kept, in particular relating to monies received for the child's upkeep.

If the Assessment of the Private Foster Carer(s) identifies specific requirements in relation to support or training the supervising social worker will continue to be involved to facilitate or provide the support/training. At anytime the child's social worker can request the involvement of the fostering service to provide support and/or guidance to the private foster carer(s). If no support is required the fostering service shall not continue to visit the carer(s).

Privately fostered children should be given contact details for their social worker who will be visiting them. They should be given age appropriate information about their privately fostered status, their right to be kept safe and the responsibilities of the adults who care for them. A guide for children and young people has been written by the British Association for Adoption and Fostering Agencies and a copy should be given to the child unless the Local Authority has an alternative guide that is provided to the child. They should have access to advocacy services including the Children's Rights Service (see Advocacy and Independent Visitors Procedure). The child's social worker shall ensure that the child is provided with all the appropriate information and record what has been provided and when in the case notes of the child's record.

9. Supervision of Arrangement

The frequency of visits and when the child must be seen by the social worker is set out below. Additional visits may be necessary as determined by the circumstances of the case and should take place whenever reasonably requested by the child or foster carer.

The minimum requirements for visits are:

1. Within one calendar week (7 calendar days) of the placement; and
2. Not less than every six calendar weeks (calendar 42 days) during the first year of placement; and
3. Not less than every three calendar months ( 84 calendar days) after the first year of placement.

In practice it may be appropriate to visit more frequently.

On each occasion on which a child is visited, the social worker should, unless inappropriate, arrange to see the child alone and, if necessary, outside the home.

All visits must be recorded on the child's case record. (Regulation 11).

10. Review

The visits undertaken under Regulation 8 are an assessment and review of the child's circumstances and placement. The visit will be recorded on the child's record by the social worker. The social worker will notify the Team Manager that the visit is recorded and notify the Team Manager of any concerns, significant information. The Team Manager will read and authorise the regulation 8 assessment. The recording of the visit and record on the child's record that this has taken place with any resulting decisions.

The Team Manager will review the child's circumstances and placement at least once a year. Additional reviews will take place if the Team Manager deems necessary. The reviews will be held at the time of the Regulation 8 visit but will not replace the visit the child's social worker makes to the child. The Team Manager will record the review as the Regulation 8 visit and the child's social worker will record the visit to the child. During the review the Team Manager should ensure that up-to-date DBS checks are in place.

The private foster carer(s), child, other relevant professionals and whenever possible the parents will be encouraged to participate in the review, decisions and any plans.

The Team Manager must ensure that the DBS checks on all relevant adults have been completed and returned, and any necessary action taken.

Every three years the DBS checks must be completed. The child's social worker shall co-ordinate this with the assistance from the Fostering Service. The child's social worker's Team Manager shall be notified of the outcome of the DBS checks by the social worker and make any appropriate recommendations.

It is good practice to plan for permanence for all children living away from home. It is envisaged that most private fostering arrangements will not last in excess of twelve month, as the plan will usually be for the child to return home with any support needed.

When a longer term arrangement is being reviewed and social work support appears superfluous, the case for applying for a Child Arrangements Order or a Special Guardianship Order may be suggested to the private foster carers. Other alternatives which provide additional stability to the child should also be considered.

11. After Care

Unless disabled, a child ceases to be privately fostered on reaching his or her 16th birthday. The power to provide after-care arrangements for children only applies to a person who is under 21 and who was (but is no longer) privately fostered at any time after his or her 16th birthday. This means only a child with disabilities may qualify.

The local authority is empowered to advise, assist and befriend such a person if he asks for help and his foster carers do not have the necessary facilities themselves.

The Arrangement ends and the child moves to another address.

Whenever the child/young person moves from an arrangement the social worker will visit and speak to the child/young person at the new address. This is to determine if other duties under the Children Act 1989 need to be undertaken. If none the referral can be closed.

The Arrangement ends and the child moves to another Local Authority.

If the address is known the child's social worker should, wherever possible visit the child at the new address. The social worker shall notify the other Local Authority of the child's circumstances. Notification will be by telephone at the end of the placement and followed up in writing within two working days of the telephone notification.

The Arrangement ends and child's whereabouts not known.

12. Requirements and Appeals

The local authority may impose on private foster carers or prospective private foster carers, requirements including the number, age and sex of the children who may be fostered, the standard of accommodation; arrangements as to the health, safety and particular arrangements for the care of the children. The decision to impose a requirement should be made by Private Fostering Monitoring Manager following notification by and discussion with the Team Manager. The Team Manager will discuss with the Legal Services Group who will serve any notice and prepare for a possible appeal. (Schedule 8 paragraph 6 Children Act 1989). Legal Services or Team Manager will notify the Private Foster Carer(s) of any requirements in writing, within one working day of the decision being made, with reasons for the requirement, right to appeal, and time limit within which the requirements should be met and within which the carer(s) may appeal.

Parents shall be notified in writing by the Team Manager within one working day of the decision. If the requirement is in relation to safeguarding concerns the parent shall be advised to remove the child or postpone the start of the placement. The Team manager and Private Fostering Monitoring Manager will make a decision of whether the local authority should discharge its duties under the Children Act 1989.

On receipt of a notice, foster carers have 14 days to appeal to the Court. (Schedule 8 paragraph 8 Children Act 1989).

13. Disqualification, Prohibition and Appeals

A person may be disqualified where:

• S/he has been convicted at any time of certain offences. (consult with legal services);
• A Care Order has been made at any time in respect of a child in his/her care;
• His/her rights and powers over a child have been removed from him/her at any time;
• She/he has been refused registration as a childminder or similar;
• She/he has previously been prohibited from fostering privately;
• She/he lives in the same household as someone who is disqualified.

13.1 Disqualification

A person may not foster a child privately where s/he is disqualified from doing so and has not obtained the written consent of the local authority. It may be possible to establish whether or not a person is disqualified by asking them to complete the declaration.

If it appears a person should be disqualified, the decision should be made by the Private Fostering Monitoring Manager following notification by and discussion with the Team Manager. The Team Manager shall discuss the case with Legal Services who will serve any notice and prepare for a possible appeal. (Section 68 Children Act 1989).

On receipt of a notice a foster carer has 14 days to appeal to the Court. (Schedule 8 Paragraph 8 Children Act 1989).

13.2 Prohibitions

A local authority has power to prohibit a person from fostering if they are of the opinion s/he is not a suitable person, the premises are not suitable or it would be prejudicial to the welfare of the child to be, or continue to be, accommodated by that person in those premises. A person may be prohibited from fostering privately any child within the area of the authority, any child on the premises in question, or an identified child in specified premises. A prohibition may be cancelled by a local authority if it thinks fit either of its own motion or on application if the local authority is satisfied the prohibition is no longer justified. (Section 69 Children Act 1989).

The Private Fostering Monitoring Manager following the notification from and discussion with the Team Manager shall decide whether a person is to be prohibited and this should be discussed with Legal Services who will serve any notice and prepare for a possible appeal. (Schedule 8 Paragraph 8 Children Act 1989).

Where a Manager decides there is a need for prohibition the carer must be notified in writing by the Team Manager or legal services within one working day of the decision being made. The letter must specify the reasons for the prohibition and give information about the appeal procedure. The letter must be posted by special delivery or delivered by hand.

Where a prohibition is imposed the parents must be kept fully informed, and advised in writing to remove their child. The Team manager and Private Fostering Monitoring Manager will make a decision of whether the local authority should discharge its duties under the Children Act 1989.

14. Offences

Failure to notify the local authority of private fostering arrangements, breaches of requirements, prohibitions and disqualifications, and obstruction of powers of entry may be criminal offences.

Whenever a child has been privately placed without notification (not in an emergency), the relevant Team Manager must make and record a decision whether an offence has been committed. In practice such a decision would need to take account of whether the parties to the arrangement were aware of the Regulations, whether they had deliberately violated them, and whether the arrangement was in the best interests of the child. If it appears an offence has been committed, legal advice should be taken before any referral to the police is made. (Section 70 Children Act 1989) (National Minimum Standards 2.5.1).

A search warrant is available to support the power of entry. (Section 102(6) Children Act 1989).

15. The 'Fostering Limit'

The usual fostering limit is three children unless the children concerned are all siblings with respect to each other. Other exceptions are governed by Schedule 7 of the Children Act 1989 Act. The decision to authorise an exception will be made by the Private Fostering Monitoring Manager following the notification from and discussion with the Team Manager.

16. Independent Schools

A person who proposes to accommodate a child under 16 years for more than 14 days during school holidays must give written notice to the local authority (unless s/he is exempted by them). The child is treated as a privately fostered child with the exception that requirements may not be imposed. Notice must also be given when a child ceases to be treated as a privately fostered child. (Schedule 8 paragraph 9 Children Act 1989).

17. Advertising and Life Insurance

Any advertisement to undertake or arrange for private fostering must state the persons name and address. It is an offence not to do this.

A person who fosters a child privately and for reward shall be deemed for the purposes of the Life Assurance Act 1774 to have no interest in the life of the child.