3.12.1 Allegations Against Foster Carers |
AMENDMENT
This chapter was significantly updated in October 2011 and should be read in its entirety.
Contents
1. Introduction
This procedure is issued to ensure compliance with the London Child Protection Procedures and the Fostering Services Regulations 2011and deals specifically with allegations against foster carers, both from the in-house Fostering Service and Independent Fostering Agencies. It applies when it is alleged that a foster carer or member of their family has:
- Behaved in a way that has harmed a child, or may have harmed a child;
- Possibly committed a criminal offence against or related to a child; or,
- Behaved towards a child or children in a way that indicates s/he is unsuitable to work with children, in connection with the persons employment or voluntary activity.
In any of these circumstances, the Local Authority Designated Officer (LADO) should be informed of the concern immediately, after the supervising Social Working informs the Fostering Team Manager who must inform the Fostering Service Manager.
Occasionally, when there are serious concerns about the carer’s practice or standards of care, as opposed to an allegation of abuse, the Fostering Service Manager may need further information before proceeding to a review of the carer’s approval to foster. In addition to ‘one-off’ information leading to a serious concern about a foster carers’ practice, there may be continuing ‘low level’ concerns about a carer’s practice there may be continuing ‘low level’ concerns about a carer’s practice or standard of care which may arise in the course of normal supervision of the carer and/or the annual review process.
Examples of such concerns are:
- Methods of disciplining children;
- The quality or nature of the diet, clothing or routine care provided for children;
- Non-compliance with the local authority care plan for the child.
When taken individually, such concerns may not be serious, but over time they may accumulate, or worsen to the point when they amount to a serious concern that calls into question the suitability of the carer to foster.
It is recognised that children in public care may have been abused in the past and may be more vulnerable to further abuse as a result of this. All allegations must therefore be treated seriously and properly investigated with an open mind, which does not prejudge the situation. All action must be informed by the legislative framework, the London Child Protection Procedures and the Fostering Services (England) Regulations 2011
Whilst the welfare of the child is paramount, allegations must be dealt with in a manner that recognises that foster carers and their families are required to make an enormous commitment to the children and young people they foster. The impact of allegations on foster carers, their families and fostered children can be devastating.
2. The Referral
The Social Worker who receives a referral in relation to the care provided by a foster carer must discuss with their first line manager. The child’s Social Worker and the Supervising Social Workers first line managers will then consult and make a decision as to whether the referral is a serious concern, a complaint or an allegation.
If necessary, advice will be sought from the Local Authority Designated Officer (or in their absence, the person that is deputising for them) to assist the managers in making their decision. If the decision is made that the referral constitutes a child protection referral, the Service Managers for Fostering and Adoption and the child’s service must be informed in writing, by the team manager for the child’s social worker. This decision making process must be recorded on both the child’s and the Foster Carer’s files.
Where it is in the interests of children and when an investigation is not compromised, foster carers should be informed of the nature of the allegation, the process and the progress of an investigation. This should be done as soon as possible. The Foster Carers must be notified of the allegation within 3 days of the discussion with the LADO.
If the Foster Carer lives outside Lewisham, the referral must be made to the authority in which the carer resides and will be dealt with in accordance with local child protection procedures. This is the responsibility of the LADO.
The Fostering Team Manager is responsible for notifying Regulatory Authority (Ofsted) in writing and by fax/email of any child protection referral and inviting Regulatory Authority to attend the Strategy Meeting. This notification should be copied to the Service Managers for Fostering and Adoption and Safeguarding & Planning. Schedule 8 of the Fostering Services Regulations 2002 specifies the events and notifications that should be referred to Regulatory Authority. The Service Manager will keep a written record of all allegations of abuse and neglect and of any action that was taken in relation to the allegation.
If a foster carer wishes to transfer from one fostering service provider to another during the course of the operation of this procedure, the foster carer’s current fostering service provider should notify the other fostering service that the foster carer is subject to a Section 47 Enquiry or other action under the procedure, and inform them of the target time for completing the investigation/review of approval. The target time for completion of the process is 20 working days from the date of the foster carer being informed of the allegation.
For agency foster carers this is the responsibility of the agency and the Placements and Procurement Team will be involved not the Fostering Team.
The Strategy meeting will be chaired by a Child Protection Chair. They will set the date for the meeting and advise on who should be invited. The London Child Protection Procedures advise that the meeting should be held within three days of the referral. The child’s Social Worker will invite the agreed participants. The Supervising Social Worker and Fostering Team Manager will attend the Strategy meeting, as well as the child’s Social Worker and Team Manager where a Lewisham Foster Carer is involved.
The foster carer’s Supervising Social Worker will not undertake the investigation . Good practice indicates that the child’s Social Worker should not necessarily be directly involved in the investigation either, in order to maintain maximum independence, and another children and families Social Worker would jointly investigate with fostering. However, if it is felt to be in the child’s best interest for their Social Worker to be involved, this needs to be taken into consideration. The line manager for the child’s social worker should discuss this with their manager, and make the appropriate decision based on the needs of the child/young person.
Following the initial Strategy meeting, a Social Worker or Senior Social Worker from the fostering service will be identified to undertake any investigation in relation to a Lewisham Foster Carer. This will be the responsibility of the Manager for the Supervising Social Worker, in consultation with the Service Manager. This recognises the close inter-relationship between foster carers and the department and will ensure the independence of the investigating Social Worker.
The Supervising Social Worker for a foster carer where an allegation is being investigated should consider at the Strategy Meeting considers what support can be offered to the Foster Carer e.g. Lewisham Foster Care Association, Fostering Network, Fosterline, (Fosterline is open between 9.00am and 5.00pm, Monday to Friday except bank holidays, Contact details are freephone 0800 040 7675, text phone, 0800 040 7675, email, fosterline@fostering.net.) Independent support exceptionally can be commissioned via the fostering service. In circumstances where the fostering service decides to suspend a foster carer’s placements, a weekly retainer fee may be applied for via the Supervising Social Worker and Team Manager. Where external support can be commissioned and a retainer made is ultimately the Service Manager’s decision.
The Strategy meeting must also consider how carers are informed of the allegation (if they are not already aware) and who will inform the parents of the enquiry/investigation and when. The Strategy Meeting will consider if any action is required in relation to children previously placed with foster carer. Consideration will also be given to the CLA review for the child being brought forward and if a referral to an advocacy service is appropriate. The child’s view must be sought throughout the process and inform the decision making.
The chairs notes of Strategy meetings must be copied to the Service Manager, Business Strategy, Fostering, Placements and Procurement who will consider a referral the Independent Safeguarding Agency. These notes will also be copied in all cases to the Local Authority Designated Officer and to the Service Manager, Business Strategy, Fostering, Placement and Procurement where a foster carer from an Independent Fostering Agency is involved.
3. Evaluation Meeting
Allegations of abuse are extremely stressful for foster carers and their families. At the end of a Section 47 Enquiry or an investigation by the Fostering Service, foster carers should be offered a formal opportunity of having an evaluation meeting, chaired by the Service Manager, Business Strategy, Fostering, Placements and Procurement during which they are enabled to express the impact of the proceedings on them and members of their family, and any needs that they may have as a result. This should be offered and arranged within fourteen working days of the conclusion of the enquiry or investigation. The meeting should be open to the following to attend: the foster carers, the supervising social worker, adult family members should be invited to attend if they were the subject of an allegation, or substantially affected by it. Care should be taken to ensure that the meeting does not become a ‘re-run’ of the investigation process. It should be conducted at a time and place that takes account of the needs of the foster family. Consideration should also be given as to whether a separate process should take place for any children and young people, including the sons and daughters of foster carers.
The meeting should consider:
- The impact of the allegation and investigation on the foster carers/family member who was the subject of the allegation/others in the family;
- The impact of any decision to remove children in placement;
- The needs of everyone in the foster carer’s family;
- The perspective of the fostering service provider;
- Clarification of the carer’s current approval to foster and the need for any review of the carer’s approval;
- The foster families comments on the way in which the fostering service provider undertook their roles and responsibilities;
- How any needs raised by the foster carer/s or identified by the fostering service will be met.
The PA to Service Manager, Business Strategy, Fostering, Placements and Procurement will produce a record of the meeting which should be kept on foster carer file for future reference and sent to everyone present within 3 working days, by the PA.
End