Allegations Against Foster Carers
Scope of this chapter
This chapter provides procedures for managing allegations or concerns that any foster carer 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;
- Behaved towards a child or children in a way that indicates they may pose a risk of harm to children;
- Behaved towards a child or children in a way that indicates they are unsuitable to work with children.
This procedure should be read in conjunction with the Cumbria Safeguarding Children Partnership Procedures.
Amendment
This chapter was refreshed in February 2024.
All foster carers and children are made aware of and advised how to access this procedure and other procedures including the Complaints and Representations Procedure.
The Fostering Handbook also contains information and discussions around allegations and should be read by all Foster carers as part of their role.
All children are entitled to the same level and standard of protection from harm, including those receiving services from statutory or other agencies. For this reason, enquiries and investigations relating to allegations against foster carers must be dealt with under the Cumbria Safeguarding Children Partnership Procedures. Allegations will be dealt with in a manner that provides effective protection and support for children and the person making the allegation, while at the same time supporting the person who is the subject of the allegation.
Allegations or suspicions that a foster carer has caused harm to a child will be shared with the appropriate agencies, investigated thoroughly, speedily and sensitively under those procedures and in accordance with the relevant statutory guidance such as Working Together to Safeguard Children, and will involve open and honest communication with and support for all those affected.
It is important to note that, although there may be insufficient evidence to support a Police prosecution, this does not mean that action cannot be taken to protect a child nor that the termination of a foster carer's approval cannot be considered. There is a flow chart that can be viewed that shows an overview of the allegation process. See Documents Library, section Fostering and Adoption, subsection Fostering Services.
It should also be noted that it may be necessary during an investigation to consider what action, if any, should be taken with regard to other children with whom foster carers have contact, including their own children. There is also a consideration regarding course of action in relation to any children staying in the home, visiting the home or related to the Foster carer for example grandchildren.
Complaints made by a foster child that indicate there is an issue with the standard of care that a child may be receiving or are in relation to the quality or style of care being provided by a carer, will be dealt with under the Complaints and Representations Procedure.
A clear distinction will be made between investigation into allegations of harm and discussions over standards of care. Investigations which find no evidence of harm should not become procedures looking into poor standards of care - these should be treated separately.
It might not be clear whether an incident constitutes an 'allegation'. It is important to remember that to be an allegation the alleged incident has to be sufficiently serious as to suggest that harm has or may have been caused to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above).
Concerns that do not meet this threshold may constitute conduct or disciplinary issues and should be addressed using the appropriate organisational procedures.
Incidents which fall short of the threshold could include an accusation that is made second or third hand and the facts are not clear, or the individual alleged to have done this was not there at the time; or there is confusion about the account.
If it is difficult to determine the level of risk associated with an incident the following should be considered:
- Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
- Where the incident involved an inappropriate response to challenging behaviour, had the carer had training in managing this?
- Does the carer understand that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
- Does the child or family want to report the incident to the police or would they prefer the matter to be dealt with by the council?
- Have similar allegations previously been made against the individual - is there a pattern developing?
All allegations must be reported to the LADO, this will be done through the internal reporting system by the fostering social worker or the children social worker.
More information can be found in. Keeping Children Safe in Education (KCSIE), Part 4, Section 2.
LADO can also be involved in discussions around weather an incident meets the allegation criteria. Consultation is encouraged.
KCSIE provides that if there is any doubt as to whether the information which has been shared about a foster carer as a low-level concern in fact meets the harm threshold and thus should be treated as an allegation, the LADO should be consulted. Legal advice should be sought as necessary.
If the concern falls short of this allegation threshold there may still be a role for the LADO to provide advice and support. Such a consultation process may allow for concerns to be evaluated objectively and to ascertain whether or not similar concerns may have been raised previously but not met the threshold for investigation. Whilst the LADO will only record the details of those allegations which appear to meet the threshold for consideration set out above, a record should be kept of any low level concern that arise in respect of a foster carer.
KCSIE provides that records should be reviewed so that potential patterns of concerning, inappropriate, problematic or concerning behaviour can be identified. Where a pattern of such behaviour is identified, a course of action should be decided upon, either through disciplinary procedures or where a pattern of behaviour moves from a low-level concern to meeting the harm threshold, it should be referred to the LADO.
Records must be held securely and comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). It is recommended that records are retained at least until the individual leaves their employment.
More detailed guidance and case studies on low-level concerns can be found in Developing and Implementing a Low-level Concerns Policy (Farrer & Co.).
Where the matter constitutes a conduct or performance issue, the Manager should follow the appropriate disciplinary procedures and let the LADO know of the outcome.
When a child is first placed with foster carers, their supervising social worker will provide them with a summary of When a child is first placed with foster carers, their supervising social worker will provide them with a summary of all the relevant and available/known information needed to keep them safe, including details of any abuse or neglect they have experienced, and/or previous allegations made by the child. This will take the form of the referral request and will be provided by the Central placement team.
A placement planning meeting when the child is placed and this will be an opportunity for a verbal discussion that is then recorded.
All foster carers will receive preparation, training and guidance to help them provide a safe environment for any children in their care and all members of the foster family. The initial training is the skills to foster training. Foster carers are required to continually update and engage in training through their time as Foster carers. It is their responsibility to access the training.
All foster carers will also have received information about procedures and know how to access the local Multi-Agency Safeguarding Children Procedures. Information can be found in the Fostering Handbook which is given to Foster carers once they are approved.
Please see: Westmorland and Furness Practice standards.
All foster carers must follow recording procedures (see: Recording Policy and Guidelines) and note, on a daily basis, the progress of children placed with them, including any incidents or concerns and any complaints made by the child or their family. In addition, it is an expectation of the Fostering National Minimum Standards that:
- The Fostering Social Worker that supervises a Foster carer is the lead investigator who reports to the Designated Person who is the Team Manager. They will oversee the liaison with the Designated Officer in the local authority/Team of Designated Officers (LADO) when an allegation/issue is noted or comes to light;
- All members of staff within the Fostering Service should be aware of the requirements of this procedure, including the role of the Disclosure and Barring Service;
- The role of the Designated Person and the lead investigator within the Fostering Service is to liaise with the LADO in relation to any allegation made or concern raised about staff or carers within the Agency.
The Lead Investigator (Fostering Social Worker) must be informed immediately where there is any allegation or concern that a foster carer 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;
- Behaved towards a child or children in a way that indicates they may pose a risk of harm to children;
- Behaved towards a child or children in a way that indicates they are unsuitable to work with children.
On receipt of any information relating to an allegation or suspicion of harm, the Designated Person must:
- Inform the LADO for the area in which the foster home is located within 1 working day; and
- Inform the child's allocated social worker, the carer's Supervising Social Worker and Ofsted/the regulatory authority (if they are on leave/absent) and Ofsted/the regulatory authority if appropriate.
The Supervising Social Worker in the fostering service will:
- Inform the social workers/team manager for any other child in the placement;
- Inform any other local authority with an interest in the foster placement.
The Designated Person must follow the local Multi-Agency Safeguarding Children Procedures (in the area the foster home is located) in relation to the allegation/suspicion. A clear and comprehensive summary of the allegation should be made including details of how the allegation was reported and actions taken.
At this stage, the Regulatory Authority must be informed of the allegation/suspicion and the action taken. Where a Strategy Meeting is to be convened, the Designated Person must ensure that they are invited to be represented there.
In exceptional cases where immediate action may be necessary to safeguard the welfare of the child, the child's social worker and their manager may decide a new placement should be identified for the child in question and other children placed in the household (Note this may be with an alternative fostering Agency). In this situation where a move of home for the children is being considered it is best practice for the Fostering SW to provide an overview written and verbal of the Foster carers experience, care and relationship with the child alongside their analysis or view on whether the child should be moved. This can add to the information known about the Foster carers to inform decision making. This can be provided in written form called Fostering Social Workers report following concerns relating to child in care.
If, as a result of the allegation, there is cause to suspect a child is suffering or likely to suffer significant harm, a Strategy Meeting will be convened within 2 working days.
The Service manager Responsible for the area in which the concern arose would normally be responsible for Charing the allegations Strategy Meeting. The children's team are the lead in coordinating and arranging the meeting and inviting professionals to attend.
The Strategy Meeting will:
- Decide whether there should be a Section 47 Enquiry and/or Police investigation and consider the implications;
- Consider whether any parallel disciplinary process should take place and agree protocols for sharing information;
- Consider the current allegation in the context of any previous allegations or concerns;
- Consider the safety of all children in the household (including the foster carer's own children, any grandchildren, or other children in the home) and whether any action is necessary to protect the children including the removal of all or any of the children while the investigation is conducted. Any decision to remove children from foster carers will be sensitively and carefully assessed; including as detailed above consideration of a written report from the Fostering SW regarding the information held on the Foster carer and their analysis of risks.
- Explore, how the needs of any child who has to leave the placement will be met including education, contact with other children in the placement, etc.
- Plan enquiries if needed, allocate tasks and set timescales;
- Consider the involvement of other agencies, for example if the child was placed by another local authority;
- Look at the need to inform other agencies who use the foster home (possibly including previous placements);
- Confirm the time-scales for the investigation (see below) and any contingencies should timescales not be met;
- Explore how the child should be informed of the procedure to be followed and supported and protected through the process;
- Evaluate whether the alleged perpetrator should be asked to leave the home while the investigation is conducted and confirmation that the chair will inform the carers of the allegation verbally and then in writing;
- Consider how to inform the child's parents of the allegation and the nature/detail of information;
- Identify how the member of staff or foster carers will be supported;
- Look at how reports on the investigation will be shared with the member of staff or foster carers and the child or children in the placement;
- Clarify whether further placements should be suspended pending the outcome of the investigation;
- Make recommendations on whether additional monitoring/visiting requirements by children's social workers are recommended;
- Decide what information can be shared, with whom and when, including who will notify the Regulatory Authority of the outcome of the meeting if a representative is not present;
- Agree arrangements for reconvening the Strategy Meeting.
The following people will be invited to the allegations Strategy Meeting:
- A manager from the local authority Children's Social Care Service who will carry out any Section 47 Enquiry;
- The child's social worker and their manager (placing authority);
- The Team Manager of the Fostering Team that the Foster carer belongs to;
- The Supervising Social Worker linked to the foster carer(s), who is the Designated Person;
- The Police;
- Any other Agency involved with the child or foster family;
- A representative from the Regulatory Authority/Ofsted;
- LADO representative will be invited.
The minutes of the Strategy Meeting must contain clear action points and clear time-scales for each action. The action points and timescales will be circulated immediately after the meeting. Actions agreed must be recorded and be the responsibility of named individuals.
Copies of the action points and the minutes should be held on the foster carer's records. A summary should be placed on the child's record.
Any decision to take no further action following the Strategy Meeting must be clearly recorded by the decision-maker on the child's and the foster carer's records, and reported to the Regulatory Authority.
The LADO should be invited to the Initial strategy meeting and will either hold a separate allegations meeting following on from the strategy meeting or record a set of separate minutes to be stored on LADO records.
The actions agreed at the Strategy Meeting should be implemented by those responsible within the agreed timescales.
The strategy meeting may recommend that should the outcome of investigations conclude Foster carers being negligent there may be a consideration for the Fostering Team to consult with the panel advisor regarding decisions around the Foster carers practice.
This may not be clear at the initial strategy meeting but could be recommended at follow up meetings. Team Manager and Supervising Social Worker can only consider the future of Fostering practice once investigations have been concluded. (see: Review and Termination of Approval of Foster Carers Procedure).
The member of staff or foster carers should be advised of the allegation (or if unable to share the nature of the allegation the FC should be told that an allegation has been made) as agreed at the Strategy Meeting and of the process to be followed in the investigation, including the possibility that a Child Protection Conference may be convened in relation to their own children. The Fostering SW would then have the task of informing the Foster carer and would then offer support to them via a referral to the Fostering Network for independent support from an allocated worker.
When an allegation has been made against a foster carer they should be given the opportunity to respond to the allegations. This must be heard and recorded in written form by the Fostering SW if possible before any final decision is made about necessary action to protect the child and other children in the household. Such protective action may include asking the person against whom the allegation has been made to leave the household while the investigation is conducted.
Any decision to suspend making further placements with the foster carer while the investigation is being conducted should be communicated in writing to the foster carer by the Manager of the Fostering Service. This is the decision of the Fostering Team and is informed by the information gathered in the strategy meeting.
It should be confirmed that the foster carers are aware of the following:
- The contents of this procedure and the relevant local Multi-Agency Safeguarding Children Procedures;
- The Fostering service has offered and if accepted put in a referral to the independent organisation identified to provide the foster carers support;
- The Foster carer should be informed that they can seek their own legal advice.
It should be confirmed that the foster carer concerned is aware of the following:
- The contents of this procedure and the relevant local Multi-Agency Safeguarding Children Procedures;
- A referral for independent support has been offered and made if accepted;
- Information regarding consulting a solicitor.
Foster carers must be informed about how they will be supported during the investigation (including arrangements for payments).
The Fostering Service manager will make the decision regarding payment of retainer fee to foster carers while investigations are ongoing.
Once an allegation has been made the Fostering Social Worker will request that the Team Manager writes and confirms the allegation has been made, that an investigation is on going and the decisions around placements and payments.
During an investigation the Fostering Team makes available independent support to the Foster carer. If accepted this independent support will provide:
- Information and advice about the process
- Emotional support; and
- If needed, mediation between the foster carer and the Agency and/or advocacy (including attendance at meetings and panel hearings).
Those identified to provide support must be requested to contact the foster carers as soon as practicable after the foster carers are made aware of the allegation, and explain their role.
They must make clear their responsibility to report to the local authority, the Police and in some circumstances to the court if any information relevant to the investigation comes to their attention.
Those supporting foster carers should never undertake this in a way that obstructs a child protection investigation.
Keeping parents informed:
The children's team (allocated social worker for the child) would usually inform the parents of the child/ren involved that an allegation has been made and the process that is being followed unless this will be detrimental to the welfare of the child (where the council holds parental responsibility) or impede the disciplinary or investigative processes. The LADO can advise the Agency whether or not the parents should be informed. However, in some circumstances, the parent/s may need to be told straight away (e.g. if a child is injured and requires medical treatment).
The parent/s and the child, should be helped to understand the processes involved and be kept informed about the progress of the case and of the outcome where there is no criminal prosecution. This will include the outcome of any disciplinary process, but not the deliberations of, or the information used in, a hearing.
The Strategy Meeting will be reconvened to conclude the investigation. The same people will be invited and the same person will chair the meeting.
The purpose of the final Strategy Meeting is to agree on the outcome of the investigation and responsibilities for any further action. There can be recommendations made regarding advising the Fostering service on reporting on the matter to the Fostering Panel (in relation to foster carers) and/or considering whether a referral to the Disclosure and Barring Service is required.
It is the decision of the Fostering service to take forward the recommendation, they will pay attention to the advice of the meeting in moving forward. The Fostering service would routinely refer the Foster carers back to the next panel if the Foster carers were a subject of police investigation, however in other situations there is discretion and this would be down to the Team manager to make this decision.
Note: as a 'regulated activity supplier', where an allegation has been substantiated or foster carer has been deregisterd there is a legal duty to refer information to the DBS:
Although this will always be envisaged as the final meeting, should new information come to light further actions may be required thereby necessitating the suspension and rescheduling of the meeting.
The meeting should agree who will notify foster carers the child, the parents, other children in the placement or involved, other relevant agencies and the Regulatory Authority (if they do not attend the meeting) of the outcome of the investigation.
If the matter returns to Fostering panel the fostering social worker will write a review report which will be presented at an extra ordinary review for Fostering IRO consideration which will include details of the allegation, investigation, outcome and recommendation, once reviewed by the IRO this will then be put to the Fostering panel and Agency Decision maker.
Depending on the recommendation this may lead to de registration. The Foster carers and their independent representative will have had opportunity to review the report, comment and present their views.
The procedure to be adopted for the Fostering Panel will be the same as for any other foster carer review - see Review and Termination of Approval of Foster Carers Procedure.
In other situations, the Fostering Agency could consider whether disciplinary proceedings against foster carers are appropriate.
Where the concerns have not warranted further and more serious action, other investigative routes may be identified as more appropriate at this stage, for example, the complaints process.
Consideration should be given to holding a debriefing meeting for all involved as to the impact of the allegations and the investigation, whatever the outcome, and any necessary assistance should be made available as necessary.
Once there is an outcome of the allegation/concern a written record should be sent to the Foster carers by the Fostering SW with oversight and comment of the Team Manager. LADO should be informed and updated.
Any allegation will be recorded on the allegations tab. There will be a case note of the same date detailing a clear and comprehensive summary of any allegations made against the foster carer.
Further recording will detail all investigations, times and dates that visits and conversations occurred to investigate the allegation.
Safety of children in public care form (SCPC 1) is to be completed by the Fostering Social Worker within 2 days. SCPC 2 to be completed when appropriate.
Once the allegation has been concluded there will be a clear case note and further a detailed report of the allegation. These will include details of how the allegation was followed up and resolved, a record of any action taken and the decisions reached.
The Foster carer will receive a report of the allegation some of the information and detail if included confidential discussions about the child may not be included, however the Foster carer should have a report detailing the allegation, the investigation and the conclusion.
A copy is provided to the person as soon as the investigation is concluded. A brief summary should be held on the child's record.
If the Foster carer returns to panel or needs a review due to the outcome this information will take the form of a review report.
Legislation, Statutory Guidance and Government Non-Statutory Guidance
Working Together to Safeguard Children (DfE, Statutory Guidance)
Keeping Children Safe in Education - this statutory guidance highlights the importance of sharing and responding to any concerns, about the behaviour of an adult who works with children, no matter how small, including low level concerns.
Last Updated: August 12, 2024
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