Private Fostering

A privately fostered child is a child under 16 (or 18 if Disabled) who is cared for by an adult who is not a parent, grandparent, aunt, uncle, step parent (including civil partnerships), sister or brother where the child is to be cared for in that person's home for 28 days or more.

A child who is Looked After or placed in any residential home, hospital or school is excluded from the definition. In a private fostering arrangement, the parent retains Parental Responsibility.

Where a child is to be placed with private foster carers, the local authority must be notified in writing at least 6 weeks before an arrangement begins. Where no prior notification of a placement is given, private foster carers must notify the local authority of the placement immediately.

The person making the notification should be asked to provide the following information:

1. The name, gender, date and place of birth and address of the child;
2. The racial origin, cultural and linguistic background and religion of the child;
3. The names and address of the person giving the notice and any previous address within the last five years;
4. The name and addresses of the child's parents and any previous addresses within the last 5 years;
5. If different, the name and address of the person from whom the child was or is to be received;
6. The name and address of the private foster carers and any previous addresses within the last 5 years;
7. The name and address of any other person who is involved in making the arrangement;
8. The name and address of any siblings of the child who are under 18, and the current arrangements for their care;
9. The purpose and likely duration of the arrangement;
10. The intended date when the child is to be placed with the private foster carers or the date when the placement began.

In relation to notifications given by the private foster carer or proposed private foster carer, the following information should also be obtained:

• Any offence of which they or any other member of the household has been convicted;
• Any disqualification or prohibition (see Section 9, Prohibition and Disqualification) placed on them or any other member of the household;
• Any actions taken or orders made in relation to the private foster carer or any child who is or was a member of the same household.

Written notification must also be made to the local authority by the private foster carer within 48 hours of any change in circumstances, e.g. a change of address, a change in the household, a criminal conviction/disqualification or prohibition (see Section 9, Prohibition and Disqualification) in relation to any person in the household or any intention to foster another child privately.

Where notification is that the private foster carers have moved to live in the area of another local authority, the Social Worker must immediately pass to the new authority the name and address of the foster carer, the name of the child being privately fostered, the name and address of the child's parents.

Where notification is that the placement has ended, the Social Worker should ascertain the name and address of the person now caring for the child and their relationship with the child.

Parents also have a duty to notify the local authority in writing of the ending of the placement including the name and address of the person into whose care the child has moved.

Any agency that becomes aware of a private fostering arrangement must immediately notify the local authority in writing of the arrangement and must inform the parent and private foster carer of their intention to do so.

When notification or information is received from any source that a child is privately fostered, this information must be passed to Children's Services office where the privately fostered child resides.

A Social Worker will be allocated to carry out the following initial tasks within 7 working days of the notification:

1. Letter to be sent to prospective private foster carers informing them of notification, explaining the duty to assess. Letter to include useful leaflets for private foster carers and copy of blank written agreement to be sent prior to your first visit (see supporting documents for social workers for letter pro forma and agreement/Related leaflets for leaflet to be sent);
2. Visit the private foster carers in the home where the child is to live and speak to them and all members of the household;
3. Visit and speak to the child alone, unless the Social Worker considers it inappropriate to do so in which case the reason should be recorded and brought to the attention of the Team Manager. Ascertain the wishes and feelings of the child about the private fostering arrangement;
4. Speak to and if possible visit the parents;
5. 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;
6. Ensure that the purpose and likely duration of the private fostering arrangement is understood by and agreed between the parents and the private foster carers;
7. Check the suitability of the accommodation, the capacity of the private foster carer to look after the child, the suitability of other members of the private foster carer's household;
8. The Parents will draw up a written agreement with the private foster carers as to their respective expectations and responsibilities in relation to the fostering arrangement including financial arrangements and the child's contact with their parents and other significant family members (see relevant guidance for template);
9. Where the child has already been placed, 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;
10. Where the child has already been placed, check that the financial matters are in order and the contact arrangements are working;
11. Notify the relevant health and education agencies of the child's placement or proposed placement including the health visiting service where appropriate;
12. 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;
13. Enter the child and the carer's details onto the electronic database.

During the initial visit, the Social Worker should:

1. Explain the assessment process to the private foster carers and provide written information and explain to them and the child about Private Fostering. (See Related Guidance above);
2. Obtain the written consent of the private foster carer and all members of the household over 16 to checks being made with the Disclosure and Barring Service and ask the private foster carer for the names of 2 personal referees;
3. Establish the private foster carer's child care experience, access to support and views and intentions regarding behaviour management of the child;
4. Establish the plans for contact between the child and their parents;
5. Establish the private foster carer's understanding of the child's culture, and give advice in relation to resources and facilities which could assist in meeting the child's racial, cultural, religious and linguistic needs, including the use of an interpreter if necessary;
6. 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.

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 carers 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.

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's placement, the Social Worker should also:

1. 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, and has handed the child's personal child health records to the foster carer;
2. The private foster carers will draw up a written agreement with the child's parents as to their respective expectations and responsibilities in relation to the private fostering arrangement including the contact arrangements, finances and expected duration;
3. Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the foster home;
4. Ensure that a school place has been arranged for the child if of school age;
5. Ensure the parent provides the private foster carer with a written general consent to cover any necessary medical treatment and that a copy of this consent is given to the GP, dentist, optician, school visits and retained on the child's file.

After the initial visit, the Social Worker should complete a private fostering case note.

The Social Worker undertaking the assessment must arrange for checks on the private foster carer, all members of the household and frequent visitors over 16 to be made with the Disclosure and Barring Service and Children's Services records (including for the areas of any previous addresses). The Social Worker should also obtain 2 written personal referees from people known to the private fosterers.

Case note must be added to ICS records regarding the date the DBS form is completed and submitted to Disclosure and Barring Service and the date the check outcome is received.  DBS check must be recorded as being seen and personal references must be uploaded onto the private foster carer’s electronic record. The assessment must be completed within 42 working days and will consider the following:

• The suitability of the private foster carer and all members of the household;
• The suitability of the accommodation.

The assessment will be sent to the line manager (Team Manager) for authorisation and then be presented to the Service Manager and Private Fostering Lead for consideration within 30 days. Written notice of the decision must then be sent to the private foster carer and the parents, including any requirements, exemptions or prohibitions imposed - see Section 7, Imposing Requirements on Foster Carers, Section 8, Limit on Number of Children and Section 9, Prohibition and Disqualification.

If, at any stage of the assessment of the private foster carers, information is obtained which suggests that a child already placed with the private foster carer may be a Child in Need, the manager should authorise services under a Child in Need Plan and/or a child and family assessment to be carried out alongside the assessment of the private foster carer.

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

If any information comes to light during the course of the private foster carer assessment, for example as a result of the Disclosure and Barring Service checks, which may preclude the person from fostering a child, the Social Worker should inform their line manager within 24 hours. Immediate consideration should also be given to the arrangements for the child and if necessary child protection procedures should be followed.

See Section 9, Prohibition and Disqualification.

In the event that the parents decline to make alternative arrangements or where the parents cannot be found, the Social Worker should consider whether any action may be required by the local authority to secure the child's safety under Cumbria Safeguarding Children Partnership Inter Agency Procedures and legal advice should be sought as necessary.

Financial support via Section 17 payments can be considered to sustain an otherwise satisfactory placement where appropriate, the Social Worker should seek the approval of the relevant manager for such assistance to be given.

The payments should be part of a Child in Need Plan. See Child in Need Plans and Reviews Procedure.

Where appropriate, reports to the social work Team Manager can include recommendations for requirements to be imposed on the foster carers, for example to restrict the approval to an individual child or to limit the number, age or gender of children who may be cared for privately. Requirements may also relate to the standard of accommodation, health and safety matters and/or practical matters such as equipment. A requirement may include a time-scale within which the private foster carer must take the necessary action.

A requirement may be varied, removed or added at any time.

Any requirements imposed must be specified in writing, together with reasons. Written notice of any requirements imposed, together with the reasons, will be sent to the private foster carer and to the parent by the Social Worker responsible for the assessment.

The maximum number of children privately fostered in any one household must not exceed 3 unless there are exceptional circumstances.

Any application for exemption from this limit must be made to the social work Team Manager. The application must contain the following information:

1. The number, names and ages of the children;
2. The proposed arrangements for the care and accommodation of the children;
3. The intended and likely relationship between the children and the foster carers;
4. The proposed length of the placement;
5. Whether the welfare of the children in the placement will be safeguarded and promoted.

Exemptions will only be granted in relation to named children and will cease when the named children leave the placement.

Where an exemption is granted this will be confirmed in writing to the foster carers.

A decision can be made to prohibit the proposed private foster carer from fostering on the basis that they are not suitable and/or the premises are unsuitable.

The fact that a Private foster carer is a Disqualified Person (Foster Carer) is a good reason upon which to seek a prohibition.

Where the Social Worker considers that it would be appropriate to approve a private foster carer despite the fact that they or a person in the household is disqualified, a written report must be presented to the service manager for consideration.

Where a decision is made to prohibit a private foster carer from caring for a child, reasons for the decision must be recorded. Written notice of the decision, together with the reasons, must be delivered by hand or recorded delivery post to the private foster carer and to the parent by the Social Worker responsible for the assessment. The private foster carer will also be advised of the right to appeal.

Discussion should also take place with the parent as to the making of alternative arrangements for the child.

Where requirements which have been imposed are not complied with, the Social Worker must consider whether support should be provided to ensure compliance and/or consider whether to report further to the Service Manager recommending that the private foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out above must be followed.

1. Frequency

Visits by a Social Worker must be made to the child and the private foster carer at the foster home within 7 working days of the placement, or the date when notification was received if later, and then visits will be made at intervals of not more than six weeks in the first year by a Social Worker.

In subsequent years, visits must be at intervals of not more than three monthly.

The need to visit more frequently will be decided by the Social Worker and their manager depending on the circumstances and 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 if requested by the child or the foster carer.

The child must be seen alone by the Social Worker on 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 seen on every visit.

2. Purpose

The purpose of and matters to be discussed at the first visit after the child's placement are set out in Section 4, Initial Visit to Private Foster Carers.

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

1. To observe the overall standard of care including visiting the child's bedroom;
2. To ensure that the child is developing satisfactorily and that their needs arising from religious persuasion, racial origin and cultural and linguistic background are being met;
3. To speak to and ascertain the wishes of the child;
4. To review the purpose and likely duration of the placement and ensure that arrangements with the parents are working; 
   
   The parent and the private foster carer should be encouraged to plan the ending of the placement and prepare the child for the change;
5. To check that any requirements imposed are being met and check whether they need to be changed or cancelled;
6. To ensure that the arrangements for the child's education are satisfactory;
7. To advise or arrange advice for the private foster carer as necessary, for example in relation to the maintaining of the child's links with their cultural heritage or in relation to appropriate travel arrangements for the child visiting family abroad;
8. To check that the financial arrangements for the care of the child are working;
9. To ensure that the child remains registered with a GP and dentist and that any necessary health care has been provided to take account of any special health needs;
10. To ensure that the child has access to services as required as a result of any disabilities;
11. To enquire as to the contact arrangements for the child with the parents and siblings;
12. To encourage the private foster carer to keep a record of the child's development, including accidents, illnesses, immunisations, school reports, achievements and any contact with parents or significant others.

3. Reports on Visits

A private fostering case note must be made on every visit by the allocated workeron ICS within the Private Fostering workspace. The report must state whether the child was seen and if so, whether the child was seen alone. If the child was not seen, the reasons must be recorded. The record must comment on the child's welfare and how the placement is progressing including any views expressed by the private foster carer and the child. It must also contain a recommendation about the continued suitability of the fostering arrangement and whether any action should be taken and/or requirements on the foster carer.

4. Unsatisfactory care

Where there are concerns about the child's care, the parents should be advised and consideration should be given to invoking the Cumbria Safeguarding Children Partnership Inter Agency Procedures.

The suitability of the private foster carer should be reviewed annually by the Social Worker, their line manager and the Service Manager. This review should be recorded by the Senior Manager as a management oversight and decision.

Where local authority foster carers notify their intention to privately foster a child, the above procedure should be followed.

In these circumstances, a Supervising Social Worker will normally carry out the assessment.

The foster carers should be advised of the differences between their two roles.

Consideration will need to be given to the implications for any Cared for Child / Children already placed with the foster carer and contact should be made by the Supervising Social Worker involved with the Social Workers for such children.

Consideration should also be given to the future placement of any Cared for children particularly having regard to the usual fostering limit of three children.

Parents have a duty to notify the local authority of the ending of the placement including the name and address of the person into whose care the child has moved.

Unless a young person has a disability, private fostering ends at 16. Children's Services will review the young person's circumstances and future plans as they approach 16. Where a young person remains with the private foster carers after the age of 16, but requires continuing support, they should be assisted as a Child In Need. Where the young person moves to independent living, support can be provided to them up as they will fall within the definition of Qualifying Young People. (Note that the DfE Volume 3: Planning Transition to Adulthood for Care Leavers acknowledges that some 'Qualifying children' will be as vulnerable and have similar support needs as those who are Eligible, Relevant or Former Relevant).

Support may include advice, befriending and discretionary financial assistance where the young person has no other means. It will be provided at the request of the young person on the basis of assessment of need and can continue up to the age of 25 or beyond if the young person is in higher education, up to the end of the course. Note that in these circumstances, it is possible also for the local authority to also provide vacation holiday accommodation.

Any request by the young person should be made to the local authority in which they are resident or where the education and training is being provided.

See Leaving Care and Transition Procedure.

Homes for Ukraine Guidance

Unaccompanied children and young people being placed with approved sponsors in the UK or travelling with a nominated adult under the homes for Ukraine scheme will be treated as if they are Privately Fostered. Guidance has been developed as a result.

The Homes for Ukraine Guidance to Councils relates to the processing of existing Homes for Ukraine applications made by children who are not travelling with or joining their parent or legal guardian under the Homes for Ukraine Scheme. 

Local Authorities play a critical safeguarding role in respect of the children travelling to the UK. The scheme has introduced safeguarding to reduce risks to children and young people who do not have the protection of being with a parent or legal guardian. 

Local Authorities are now required to carry out pre and post-arrival checks and ongoing monitoring of sponsorship arrangements to ensure children are being cared for appropriately.

The guidance sets out the requirements that a prospective sponsor needs to meet in order to be approved to sponsor a child who is not travelling with or joining their parent or legal guardian, and also the role of the Council for this part of the scheme.

The child may be living with a Sponsor who is not a close relative or travelling with an adult nominated by the parent or legal guardian who is not a close relative. Unaccompanied children and young people being placed with approved sponsors in the UK or travelling with a nominated adult will be treated as if they are Privately Fostered until they are 18 years old. 

Within 24 hours of a child’s arrival the allocated social worker should carry out an initial visit, consistent with private fostering requirements, which also confirms the suitability of the living arrangements and establishes any immediate welfare needs. This will be particularly important in a) scenarios where the parent or legal guardian has given responsibility for day-to-day care of the child to an accompanying adult relative who the council did not meet in person prior to the child arriving in the UK and b) scenarios where that accompanying adult relative with day-to-day caring responsibility is living with the child in self-contained accommodation, separate to the sponsor. The social worker will give the child information in Ukrainian and Russian about how to raise any concerns, and how they have a duty to help them if they believe they are at risk.

A Private Fostering Assessment will be undertaken in line with the Private Fostering Procedure.

Subsequent visits are needed to ensure that the arrangements continue to be satisfactory and, in the child’s, best interest. This should be in line with the guidance for Private Fostering (i.e. at intervals of not more than six weeks for the first year, and at intervals of not more than 12 weeks in subsequent years).

The format of these visits should be in accordance with the Private Fostering guidance. It is expected that the council will speak to the child without the sponsor and/or accompanying adult being present for part of the visit. These visits help determine that the arrangement continues to be in the best interests of the child, and should consider the child’s age and needs, including language skills.

For further information please refer to Home for Ukraine Guidance.