Private Fostering

A close relative is defined by the Children Act 1989 as a grandparent, brother, sister, uncle or aunt (whether full blood or half blood or by marriage) or step-parent by marriage. In this context step-parent only refers to a parent who was married to the child's birth parent.  A child living with any of these relatives would not be considered to be living in a private fostering arrangement. (N.B. they would still be considered a ‘close relative’ if they have since separated / divorced.)

Relatives who may be classed as private foster carers might include:

• Cousin;
• Great grandparent;
• Great Aunt / Great Uncle;
• A parent’s partner (if they are not married and do not live together);
• A friend of the family;
• A parent of a friend of the child;
• Someone previously unknown to the child's family who is willing to privately foster;
• Someone who is not a relative but who uses the cultural definition Auntie, Uncle etc.

Privately fostered children and young people may:

• Have parents living or working abroad;
• Be sent to the UK to study or attend language schools if it is intended to last or does last longer than 28 days;
• Live with another family because they have difficulties at home;
• Be estranged from their own family;
• Choose to stay with the parents of their boyfriend or girlfriend.  This will be a private fostering arrangement if it is intended to last or does last longer than 28 days. The parents may disagree with this arrangement.

If the private foster carer lives outside of Nottinghamshire it is that local authority’s responsibility to complete their private fostering assessment and policies.

The local authority have a duty to be proactive in assessing the suitability of potential private fostering arrangements whether or not the parent, person with PR, carers disagree with the ‘private fostering arrangement’.  (This is defined under the Children Act 2004 Section 67(1).)

Whilst the child remains in a private fostering arrangement the allocated worker should follow private fostering policies, procedures, and guidance.  A private fostering arrangement is still identified as such despite whether the parents, people with PR or the carers recognise it. Agency checks can only be completed where consent is gained.  In the absence of consent the assessment will be completed with the information known. The allocated worker should discuss any concerns regarding consent with their team manager who may arrange a strategy meeting if deemed appropriate.

Allocated worker will give consideration to the young person’s ability to consent themselves under Gillick competency.

• Complete the private fostering notification on the child/ren and chose the two outcomes private fostering assessment of suitability and arrange private fostering initial visit;
• Copy the private fostering notification to the carer/s and choose the two outcomes; private fostering assessment of suitability and start private foster carer checks.

A private fostering arrangement does not automatically mean that a child is a 'child in need'. However, where the social worker considers that the child’s developmental needs are not being met, an assessment should be undertaken to determine whether the child is a ‘child in need.

Where a notification of a private fostering arrangement is received, an initial private fostering visit must be carried out within 7 working days of the date of notification. More detailed information about visits is available in Section 5, Private Fostering Visits below.

Should the privately fostered child already be assessed as a child in need or subject to a child protection plan these policies will also be followed.

The local authority should:

• Record information on the number of privately fostered children and private foster carers living in our area, including the number of new notifications;
• Provide annually to the Director of Children's Services an evaluation of the outcomes of our work in relation to safeguarding and promoting the welfare of the privately fostered children in our area;
• Provide an annual report to the Chair of the Local Safeguarding Children Partnership on how we safeguard and promote the welfare of privately fostered children, including how we co-operate with other agencies in this connection.

The allocated worker will notify the relevant health and education agencies of the private fostering arrangement or proposed arrangement within 7 working days of the notification. Send out the forms Private fostering letter to health notifying of a private fostering arrangement and Private fostering letter to education provider notifying of a private fostering arrangement.

Regulation 4 of the Children (Private Arrangements for Fostering) Regulations 2005.

This visit should be carried out within 7 working days of the date of notification being sent to MASH. This visit should include:

• Visit the premises where it is proposed that the child will be cared for;
• Visit and speak to the proposed private foster carer and to all members of the household;
• Visit and speak to the child whom it is proposed will be privately fostered, alone (if alone is practical and suitable for each child) to ascertain their wishes and feelings about the private fostering arrangement. Where required, an interpreter should always be used where the child’s preferred language is not English. Where there are siblings in the proposed arrangements, it is advised to speak to them separately and alone;
• Speak to, and if it is practicable to do so, visit the parents of or other person with parental responsibility for, the child.

When a child is coming from abroad (for example as an exchange student coming to stay with a host family), the private foster carer or agency should notify the local authority of the upcoming arrangement, and the local authority should visit the private foster carer within 7 working days of the date of notification. The local authority is also required to carry out an additional visit with 7 working days of the child moving into the private fostering arrangement.

All visits must be recorded on the private fostering visit step and in case notes.

During the initial visit to the private foster carers, the social worker should also:

• Give the following documents to the private foster carer/s and record the completion of this action:
  • Private Fostering - Leaflet for Carers.
• Complete the following documents with the private foster carer/s and record the completion of this action:
  • Private fostering Carer’s declaration of suitability;
  • Private fostering Carers health declaration;
  • Private fostering Carers Assessment - Working Agreement.
• Explain the assessment process and private fostering requirements to the private foster carers (Detailed in Private Fostering - Leaflet for Carers) and Private fostering Carers assessment – Working agreement;
• Obtain consent to complete agency checks (please see Section 6, Agency Checks below);
• Establish the private foster carer's childcare experience, access to support and views and intentions regarding behaviour management of the child;
• Ascertain the plans for contact between the child and their parents;
• Advise the private foster carer of the need for notification to Children's Services in the event of a change in circumstances and preparation of the child before any further move, and for continuity of information being passed to the next carer (Please see Section 2, Notifications to the Local Authority of a Private Fostering Arrangement when the Child / Young Person Already has an Allocated Social Worker for further information);
• Ensure that the parents have fully informed the private foster carer of the child's medical history and any current need for ongoing professional monitoring and medication;
• Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the private foster carer’s home;
• Ensure that a school place has been arranged for the child if of school age;
• Ensure the parent provides to the private foster carer a written general consent to cover any necessary medical treatment and that a copy of this consent is given to the GP, dentist, optician and retained on the child's file - Private fostering Delegated Authority Form.

In the event of a refusal of any person to cooperate with the making of the necessary checks, the social worker should advise the private foster carer/s that they cannot be recommended as suitable and advise the parents of the reason why alternative arrangements will have to be made for the child. If the child remains in the private fostering arrangement the worker should complete the assessment of suitability with the information known.

Any action required by the local authority to secure the child's safety should be considered and legal advice sought as necessary.

If the initial visit takes place after the child is already living in the private fostering arrangement the allocated worker should ensure that the above actions are completed as soon as possible.

Where we receive a notification about a child who is already living in a private fostering arrangement, there are specific requirements that need to be completed in accordance with Regulation 7(1) of the Children (Privately Arrangements for Fostering) Regulations 2005.

This visit must be completed within 7 working days of the date of notification. This visit should include:

• Visit the premises where the child is being cared for and accommodated;
• Visit and speak to the private foster carer and to all members of the household;
• Visit and speak to the child whom it is proposed will be privately fostered, alone (if alone is practical and suitable for each child) to ascertain their wishes and feelings about the private fostering arrangement. Where required, an interpreter should always be used where the child’s preferred language is not English. Where there are siblings in the proposed arrangements, it is advised to speak to them separately and alone;
• Give the child a copy of the Private fostering – A young person’s guide;
• Speak to, and if it is practicable to do so, visit the parents of or other person with parental responsibility for, the child.

If the initial visit takes place after the child is living there, the allocated worker should also:

• Complete the actions of Section 5.2, During the initial visit to the private foster carers above; and
• Ensure that the child's development in all aspects is satisfactory, that the standard of care being given to the child is appropriate and that the child's needs arising from his or her religious persuasion, racial origin and cultural and linguistic background are being met;
• Check that the financial matters are in order and establish the plans for contact between the child and his or her parents and whether they are working.

After the visit, the allocated worker must complete a written record, detailing the tasks completed during the visit.  All visits to be recorded in the case notes and the private fostering visits step on the child’s file.

The child’s allocated worker will also complete the following tasks within 7 working days of the date of notification:

• Speak to and if possible, visit the parents. Ensure that the parents are involved in planning for the child and explore whether the child's needs may be more appropriately met by providing services to the child and parent at home;
• Ask parents to complete forms Private fostering details about a child and Private fostering Delegated authority form;
• Advise the parents that any carer who looks after someone else’s child for 3 years or more is able to apply to the Court for a Child Arrangements Order in respect of that child. The parents should also be advised to seek independent legal advice regarding this issue prior to the child remaining with the private foster carer for such a period of time;
• Ensure that the purpose and likely duration of the private fostering arrangement is understood by and agreed between the parents and the private foster carer/s;
• Ensure that any necessary links are or will be established with other agencies for example because of the child's disabilities and/or special educational needs;
• Give parents a copy of Private fostering – Leaflet for parents.

During the first year (12 months) of the private fostering arrangement, the child must be seen at least every six weeks (30 working days). It is expected that the child will be visited more frequently during the assessment of suitability.  From the second year onwards, the child must be seen at least every 12 weeks (60 working days).

Timescales of visits are calculated from the date of the last visit.

If the child is subject to a child in need plan or a child protection plan, the child should be visited in line with the relevant plan whilst meeting the relevant statutory requirements, including those of the private fostering arrangement.  These visits could be made on the same day/time as the Regulation 8 visits, but they have a different purpose and therefore should be recorded separately as visit made under s17 and s47 children act 1989.

The need to visit more frequently will be decided by the child’s allocated worker and the team manager depending on the circumstances.  The need to visit unannounced and/or to choose times when all members of the household are likely to be present should also be considered.

Additional visits should be arranged at the request of the child or private foster carer.

The child must be seen alone during each visit unless this is not appropriate having regard to the young age of the child or if the child does not wish to see the social worker alone. The child's bedroom should be viewed during some private fostering visits.

Private Fostering Regulation 8 visits should usually take place at the private foster carer’s address.

The overall purpose of all visits is to encourage the maintenance and improvement of childcare standards and check that the child's needs are met within the private fostering arrangement and in particular:

• To ensure that the welfare of the child is satisfactory and that the child's physical, intellectual, emotional, social and behavioural development is appropriate, and their religious and cultural needs are being met or whether the child is Child in Need as defined in the Children Act and in need of other services;
• The continuing capacity of the private foster carer to look after the child should be monitored during these visits.

Local authorities need to be clear about the level at which care becomes unsatisfactory. Please refer to Section 7.5, Unsatisfactory care for further guidance.

It is an offence for a private foster carer to refuse to allow a child to be visited or obstruct an authorised officer, who has reasonable cause to believe that a privately fostered child is being accommodated within the authority's area, from the exercise of any duty towards the child. Where this occurs the child’s worker must discuss the matter with the team manager in the first instance before possible referral to legal services. In such cases, an application for a search warrant under section 102 of the children act 1989 may be necessary to support the power of entry.

A record of every private fostering visit must be made by the child’s worker. This must be recorded in two places:

1. Case note.  Please select the type of note as “SW private fostering visit” choosing the correct drop-down title of whether or not the child was seen;
2. Step.  Private fostering - Visits.

The content of the visit should be recorded using Nottinghamshire home visit template and should include:

• Significant points;
• Direct work with the child/young person;
• Presentation of the child/young person;
• Home conditions;
• Observations;
• Analysis;
• Action.

Checks should be carried out for someone who is privately fostering or proposing to privately foster a child and all members of his household aged 16 years and over. The actual or proposed private foster carer/s should be asked to provide written consent for such check to be carried out. This will be completed on form Private fostering Carer’s declaration of suitability.

Each member of his household aged 16 years and over should be asked to provide written consent for the DBS check to be carried out. This will be completed on form Private fostering Declaration of suitability.

The private foster carers and the household members will each need their own email addresses and three pieces of identification. A list of these can be found on the end of each form. Once completed the forms and clear photographs of the ID need to be scanned and emailed to the lead social work support officer (SWSO) within 14 days. The lead SWSO will process the DBS application.

Checks should be repeated every three years during longer term private fostering arrangements.

The DBS does not support portable DBS checks (i.e.: checks completed by other organisations) so new DBS applications should always be completed when assessing prospective private foster carers.

Those carers that are often caring for children in private fostering arrangements (i.e.: host families) should have new or updating DBS checks every three years.

For further advice please contact the DBS team.

Checks of Mosaic are necessary to check whether the proposed or actual private foster carer/s or any member of their household is/has been known to social services (and liaise with other local authorities if the proposed private foster carer has lived in other areas).

It is particularly important that the carers electronic file is checked in order to ascertain whether they have privately fostered children before and whether they have been prohibited from doing so in the past.

If the DBS/police check includes offences and probation are likely to have additional information.

Information regarding the health of the proposed private foster carer. The allocated worker will give the private foster carers form Private fostering carers health declaration. The worker is to scan and email this to the lead SWSO who will request the checks sending form PF Medical reference request re private foster carer.

One personal reference per carer should be obtained.  This should not be family members.  The lead SWSO will request the checks by sending a Private fostering personal reference for a private foster carer – To be completed by referee. Personal references will not be shared with the private foster carer.

Information from the private foster carers’ child/ren’s education provision is necessary to help the worker gain a view of the quality of care the birth child of the private foster carer is receiving. The lead SWSO will send out a Private fostering Educational reference letter re private foster carers children.

In the event of a refusal of any person to cooperate with the making of the necessary checks, the social worker should advise the private foster carer/s that as the required assessment cannot be completed, they cannot be recommended as suitable. In these circumstances, the social worker must advise the parents of the need to make alternative arrangements for their child. If the child remains in the private fostering arrangement the allocated worker should complete the assessment of suitability step with the information they have. The allocated worker should discuss any concerns with the team manager who will decide if a strategy discussion is required.

All checks (DBS, health, personal and education references) must be repeated every three years whilst the child remains in the private fostering arrangement.

• The assessment is supported by agency checks and references including a DBS and consultation with appropriate agencies (with prospective carers’ permission). (Please see Section 6, Agency Checks);
• If any information comes to light during the course of the private fostering assessment, (for example as a result of the DBS checks), which may preclude the person from fostering a child, the child’s worker must immediately seek advice from their team manager, including the possibility of removing the child. Immediate consideration should also be given to the arrangements for the child and if necessary, child protection procedures should be followed;
• Issues regarding parental consent to the private fostering arrangement need consideration and exploration. (Please see Section 1, Definition and Consent);
• Assess the parenting capacity of the proposed carers, including their ability to promote the child's physical, intellectual, emotional, social and behavioural development;
• Consideration to be given of the foster carers' understanding of the child's culture. Attention must be paid to the carer’s understanding of the religious and ethnic needs of the child and the assessment will also include whether the child's needs arising from religious persuasion, racial origin and cultural and linguistic background are being met, including the use of an interpreter if necessary. Worker to give advice in relation to resources and facilities which could assist in meeting the child's racial, cultural, religious and linguistic needs;
• The private foster carers’ attitude and expectations must be explored concerning their abilities and willingness to promote contact between the child/young person and their birth family. There needs to be a commitment and understanding of working in partnership with the birth family;
• Explore the carers’ beliefs regarding discipline; the worker will need to assess the proposed private foster carers’ attitudes towards discipline. They must be advised that they do not have parental rights to 'reasonable chastisement' so that any physical punishment is an assault;
• The whole household must be seen on at least one occasion and this must involve some discussion on the perceived impact of the fostering arrangements;
• If, at any stage of the assessment of the private foster carers (and beyond), information is obtained which suggests that a child already living with the private foster carer may be a child in need or a child at risk of suffering significant harm, these processes must also be followed. 

The local authority is required to inspect the premises where a child is being or is proposed to be privately fostered. 

The assessment should also include the living and sleeping facilities and the effect of possible overcrowding. Particularly where a child has to share a bedroom, the child should have their own bed and should not share a bed with either an adult or teenager under normal circumstances.

Health and safety of the accommodation must be checked to include:

• Cleanliness;
• General home safety, including Fire safety, e.g. smoke detectors, secure storage of matches;
• Safe storage of medicines and dangerous household substances;
• Presence of pets and arrangements for their control;
• Washing and toilet facilities;

An updated assessment of suitability must be completed if there is any outstanding information from the mandatory agency checks (see Section 6, Agency Checks) at the time of holding the initial review. The updated assessment is to be completed as soon as possible and within six weeks (30 working days).

• Local authorities are expected to make a response with a decision about the suitability of all aspects of an arrangement within 45 working days from notification. The completed private fostering assessment will be reviewed by the team Manager and a recommendation made about the suitability of the arrangement;
• A formal decision must be sent to the carers advising them of the decision made. Worker to send the appropriate letter Private fostering letter to private foster carer – suitable OR Private fostering letter to private foster carer – unsuitable;
• A formal decision must be sent to the parents / people with parental responsibility advising them of the decision made. Send out letter Private fostering letter to parent – suitable OR Private fostering letter to parent – unsuitable;
• In situations where the local authority are unable to agree the suitability of the private fostering arrangement, the parents would be expected to make alternative arrangements for the care of the child;
• In the event that the parents decline to make alternative arrangements or where the parents cannot be found, the allocated worker should consider whether any action may be required by the local authority to secure the child's safety and legal advice should be sought as necessary, regarding the need to initiate care proceedings or for accommodation of the child.

The social worker’s knowledge of the individual child and the quality of their relationship over time will enable them to identify when an arrangement is not suitable/unlikely to meet the child’s needs. Where the child is of sufficient age and understanding, the child’s wishes and feelings should be ascertained and taken into account in deciding whether care is unsatisfactory and whether alternative arrangements for his care need to be made.

If there is reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm the procedures set out in Working Together to Safeguard Children and Nottinghamshire Safeguarding Children Partnership (NSCP) should be followed.

If the local authority is not satisfied with a private fostering arrangement, it should immediately take all reasonable steps to inform the parents of the child, or those who have parental responsibility for the child, of their concerns. Advice and support might be necessary to enable parents to make alternative arrangements for the care of their child where in all the circumstances of the case the local authority considers that it is not appropriate for the child to be privately fostered, or where a private fostering arrangement is prohibited and no other is contemplated.  Where parents cannot be contacted over a sustained period of time the local authority should consider the extent to which (if at all) they should exercise any of their functions under the Children Act 1989 with respect to the abandoned child.

If the child is a child in need, the authority may consider whether temporary help including financial help, should be made available in the short-term.