4.11.10 Allegations Against Foster Carers or Prospective Adopters

SCOPE OF THIS CHAPTER

This policy details the procedures to be followed when investigating allegations, concerns or complaints made against foster carers or prospective adopters

Legislation, Regulations and Guidance:

Children Act 1989
Children Act 2004
Adoption & Children Act 2002
Fostering Services Regulations 2002
Fostering Services (Amendment) Regulations 2009
Adoption Agencies Regulations 2005
Working Together to Safeguard Children 2010
Representations Procedure (Children) Regulations 2005

Issue Date: April 2010

Review Date: April 2011

Introduction
Legal and Regulatory Context
Departmental Policy & Standards
Procedures following a referral of an allegation against a foster carer
Procedures in relation to undertaking a child protection investigation
Informing the carer
Role of the Supervising Social Worker during the investigation
Decision to suspend any further placements
Notification to OFSTED
Outcome of the Section 47 Enquiry
Decision making following the conclusion of the Section 47 Enquiry
Notifying the carer of the outcome of the Section 47 Enquiry
Evaluation meeting following a child protection enquiry and/or a standard of care investigations
Reviews of carers approval
Procedures for Standard of Care Investigations
The Investigation
Procedures to be followed after the investigation

1. Introduction

1.1	This policy details the procedures to be followed when investigating allegations, concerns or complaints made against foster carers or prospective adoptive parents. Social workers should follow the London Child Protection Procedures. Please see button on the left side of the screen. Where the allegation is made against an adoptive parent after the adoption order is made then the part of the procedures regarding children living within the family should be followed. Where the allegation is made regarding a foster carer or an adoptive parent pre order, then the part of the procedures dealing with allegations against professionals must be followed. Legal advice must be sought in all circumstances where consideration is being given to removing a child from a pre adoptive placement. Where a child is the subject of care proceedings the Children's Guardian must be consulted with. Legal advice must also be sough
1.2	For the sake of ease the term carer will be used throughout this procedure to denote any type of foster or family link carer or prospective adopter unless indicated otherwise.
1.3	This policy is divided into three parts. The first details the procedures to be followed when there are allegations of suspected abuse by a carer or a member of a carer's household and a Section 47 Enquiry has been initiated. In these circumstances social workers must also refer to and follow the London Child Protection Procedures. See the button on the left of the screen
1.4	The second section details the procedure for reviewing the approval of the carer's suitability to foster or adopt. It also covers the termination of approval whether as a result of an allegation of abuse following a Section 47 Enquiry or as a result of serious concerns about standards of care or practice. The third section details the procedure to be followed when undertaking a standard of care investigation.
1.5	Complaints Where a representation or complaint has been made under the Representations Procedure (Children) Regulations 2005 which leads to a Section 47 Enquiry or standard of care investigation the fostering support or adoption manager must consult with the complaints manager in order to discuss how the inter-action of the two procedures should be managed.
1.6	Resignations and 'compromise agreements' The fact that a foster carer tenders his or her resignation must not prevent an allegation being followed up in accordance with these procedures. It is important that every effort is made to reach a conclusion in all cases of allegations bearing on the safety or welfare of children, including any in which the person concerned refuses to co-operate with the process. Wherever possible, the foster carer should be given a full opportunity to answer the allegation and make representations about it. The process of recording the allegation and any supporting evidence, and reaching judgement about whether it can be regarded as substantiated on the basis of all information available, should continue, even if the person concerned does not co-operate. Any compromise agreements by which a foster carer agrees to resign, the employer agrees not to pursue further action or both parties agree a form of words to be used in any future reference must not be used.

2. Legal and Regulatory Context

2.1	Practice in this area is governed by Working Together to Safeguard Children 2010, the Fostering Regulations 2002, Fostering Services (Amendment) Regulations 2009 and the Adoption Agency Regulations 2005.
2.2	The working together framework applies to circumstances in which there are reasonable cause to believe a child is suffering, or is likely to suffer, significant harm and also should be followed in respect of any allegation that a foster carer has:
	2.2.1	Behaved in a way that has harmed, or may have harmed a child
	2.2.2	Possibly committed a criminal offence against, or related to a child
	2.2.3	Behaved towards a child in a way that indicates s/he is unsuitable to work with children
2.3	There may be up to three strands in the consideration of an allegation against a carer:
	2.3.1	A police investigation of a possible criminal offence
	2.3.2	A Section 47 Enquiry and assessment about whether a child is in need of protection or in need of services
	2.3.3	A standard of care investigation reviewing the carers suitability to foster or adopt, and the recommendations of the Fostering or Adoption & Permanency Panel and decision taken by the agency decision maker, in accordance with the Fostering Service Regulations 2002 , Fostering Services (Amendment) Regulations 2009 and Adoption Agency Regulations 2005.
2.4	Depending on the circumstances, it may be necessary for these strands to operate in parallel. For example, a foster carer may be suspended from receiving further placements while a police investigation and/or enquiry by children's services is taking place, and pending a review of the carer's approval to foster.
2.5	Serious concerns about a foster carer's standard of care or practice are governed by the Fostering Regulations 2002 and Fostering Services (Amendment) Regulations 2009. Reviewing the suitability of adopters to adopt is covered by the Adoption Agency Regulations 2005.

3. Departmental Policy & Standards

3.1	Decision making and communication with carers should be fair, honest and timely.
3.2	Training, supervision and continuing support are vital to ensure that carers are enabled to safeguard children and minimise the possibility of allegations being made against them.
3.3	Carers will have access to immediate information and advice from an independent source if there is an allegation made against them, or if they are informed that the fostering service have serious concerns about their practice or standard of care. The supervising social worker will ensure that foster carers are signposted to the Fostering Network and to Fosterline as an immediate first source of support. (Fosterline is a national information and advice service available to them by telephone, e mail or post. Fosterline is open between 9am and 5pm, Monday to Friday except bank holidays. Contact details are free phone 0800 040 7675, email fosterline@fostering.net)
3.4	Ealing's Fostering Service will provide financial support to carers (up to £1500) towards the cost of independent support
3.5	Foster carers may also wish to seek legal advice.
3.6	The supervising social worker should normally have continuing responsibility for being the link between the fostering/adoption service and the carer, even when the carer has independent support. However, it is important to take the views of the carers into account, and another representative of the fostering/adoption service should be nominated if the supervising social worker will not be fulfilling this task.
3.7	Record Keeping
	3.7.1	A clear and comprehensive summary of any allegations made, details of how the allegations were followed up and resolved, and of any action taken and decisions reached must be kept. These should be kept on the child and foster carer's files and a copy should be given to the carers.
	3.7.2	This information should be retained on the foster carers file, including for carers who leave the organisation,or for ten years if that is longer. The purpose of the record is to enable accurate information to be given in response to any future request for a reference. It will provide clarification in cases where a future CRB Disclosure reveals information from the police that an allegation was made but did not result in a prosecution or a conviction. It will also provide unnecessary re-investigation if, as sometimes happen, allegations resurface after a period of time.
3.8	References
	3.8.1	All references provided for foster carers must provide details of any child protection or standard of care investigation that has been undertake by Children's Services even if the allegations were unsubstantiated.

4. Procedures following a referral of an allegation against a foster carer

4.1	As well as discussing the allegation with his or her manager, the social worker accepting the referral must consult with the Designated Lead for Child Protection within the Fostering/Adoption Service (team Managers or their deputy in his or her absence) who in turn must discuss the allegation with the Local Authority's Designated Officer ( LADO) who in Ealing is the Safeguarding Manager or one of her delegates, i.e. the Child Protection Advisors, in order to decide on whether a child protection investigation should be initiated or standard of care procedures should be followed. This discussion and decision should be recorded by the social worker. The Safeguarding Children Manager should also be informed of any allegations that are made directly to the police.
4.2	The social worker accepting the referral should also notify and consult with the child's social worker, the carers supervising social work, the fostering or adoption manager and the social worker or manager of any other child living in the household.
4.3	The Safeguarding Children Manager will decide having consulted with professionals and the police, where appropriate, how to respond to the allegation and in particular whether a Section 47 Enquiry or standard of care investigation is warranted. She will also advise when and by whom the carer should be informed of the allegation.
4.4	The duty to investigate rests with the local authority where the child lives. If the child has been placed by another Local Authority with carers who live in Ealing or is placed in an Independent Fostering Agency (IFA) or inter agency pre adoption placement in Ealing they must be informed and consulted with.
4.5	If the referral has been received by the fostering or adoption service and the decision is taken to initiate a child protection investigation the case should be referred to the manager of one of the Referral & Assessment Teams, depending on where the child is living. They will be responsible for completing the enquiries and assessment.
4.6	Where allegations are made concerning a child looked after by Ealing who is placed in another local authority area both the child and carers social worker should ensure that full information about the child and carer is given to the investigating local authority. In particular they should be informed of any previous concerns about the carer, the carer's views, where known, concerning the allegation and the views of the child and the child's and supervising social worker. These discussions and any decisions reached should be recorded by the social worker.
4.7	In some cases, allegations will be so serious as to require the immediate removal of children. This decision will be taken by the operations manager responsible for the team receiving the referral in consultation with the Safeguarding Children Manager and the fostering support or adoption team manager. Where a child is the subject of care proceedings the Children's Guardian must be consulted with. Legal advice must be sought

5. Procedures in relation to undertaking a child protection investigation

5.1	If there is reasonable cause to suspect a child is suffering or is likely to suffer Significant Harm a Strategy Discussion should be convened
5.2	The investigating social worker should refer to and follow procedures detailed in the London Child Protection Procedures. (See button to the left of the screen) Details of who should be invited or consulted are detailed in this procedure and should include the fostering team manager or the IFA provider or the adoption agency manager, the child's social worker and the carers supervising social workers. If the child is subject to care proceedings the Children's Guardian should also be consulted with and invited.
5.3	The supervising social worker should ensure that they bring to the meeting or discussion all relevant information pertaining to the placement, for example, details of any past concerns or investigations and details of all children who have had a placement with the carer.
5.4	The purpose of the meeting is:
	5.4.1	To share available information
	5.4.2	Where applicable agree the conduct and timing of any criminal investigation
	5.4.3	Decide whether a Section 47 Enquiry i.e. a core assessment should be initiated, or continued if it has already begun and agreeing who should be interviewed, by whom, for what purpose and when.
	5.4.4	Plan how the Section 47 Enquiry should be undertaken, including the need for medical treatment, and who will carry out what actions, by when and for what purpose
	5.4.5	Agree if any immediate action is required to protect the child or any other foster child or the carers own children or if additional services needed to promote their welfare. If the child is in hospital, decisions should be made about how to secure the safe discharge of the child
	5.4.6	Where applicable a discussion should take place with the carers and members of their family about any arrangements that may be required to safeguard a placement, for example, for a member of the household to live elsewhere during the investigation. In such cases all possible assistance should be provided.
	5.4.7	Determine if legal action is required
	5.4.8	Whether the carer should be suspended from taking any future placement pending the outcome of the investigation
	5.4.9	Determine what information from the strategy meeting will be shared with the carers and by whom unless such information sharing may place a child at increased risk of significant harm or jeopardise police investigations into any alleged offences
	5.4.10	Who will be responsible for informing the carers and those with parental responsibility for the child
	5.4.11	The role of the supervising social worker during the investigation (see Section 7, Role of the Supervising Social Worker during the investigation)
	5.4.12	Independent support for the carer and access to legal advice if appropriate
	5.4.13	Dates of any future strategy meeting
	5.4.14	If a Section 47 Enquiry is not considered appropriate whether a standard of care investigation should be completed and who is responsible for undertake this assessment

6. Informing the carer

6.1	If the decision is made to commence Section 47 Enquires, unless agreed otherwise at the strategy meeting the carer should be informed by the person nominated at the strategy meeting subject to section 5.4 point 9&10 within 24 hours of the strategy meeting.
6.2	If it is decided to interview the child and/or initially conduct a formal interview with the investigating social worker and/or the police the carers must be sent after these meetings details of the concerns in writing within three working days
6.3	The discussion preferably by way of a meeting with the carers should be confirmed in writing and include information about:
	6.3.1	The substance of the allegation
	6.3.2	Who will be involved in investigating the allegation
	6.3.3	The process and timescales
	6.3.4	Who will be informed and interviewed
	6.3.5	Their right to independent advice (including legal advice where applicable) and support throughout the process and details of where this can be obtained
	6.3.6	Financial arrangements
	6.3.7	Decisions about children currently in placement or their own children and reasons for them
	6.3.8	Any temporary variation in the foster carers terms of approval, for example if further placements are suspended until the enquiry is complete, placements are restricted, or children currently in placement are only able to remain if the person accused of the abuse is no longer resident
	6.3.9	Next steps
6.4	They should also be informed about
	6.4.1	The reasons for the removal of children, if applicable
	6.4.2	Whether they are suspended from fostering during the investigation (see, Section 8, Decision to suspend any further placements)
	6.4.3	The progress of the investigation, both verbally and in writing, and on a regular basis thereafter
	6.4.4	The role of their supervising social worker during the investigation
6.5	They should also be given a leaflet about child protection enquiries for parents.

7. Role of the Supervising Social Worker during the investigation

7.1	Lengthy enquiries require further strategy meetings and a plan for keeping the carers informed should be agreed at each strategy meeting. This will normally be undertaken by the supervising social worker.
7.2	S/he should encourage the carers to seek independent support and advice. As referred to earlier the Fostering Service will also provide carers with a maximum of £1500 towards the cost of accessing independent support.
7.3	The supervising social worker should visit as a minimum on a fortnightly basis if there are children in placement, monthly if none in placement, whilst the investigation is ongoing and telephone at least on a weekly basis

8. Decision to suspend any further placements

8.1	The strategy meeting will decide whether to recommend suspension of the carer from taking any further placement, depending on the nature of the allegation.

9. Notification to OFSTED

9.1	The fostering or adoption manager is responsible for informing the agency decision maker and OFSTED about the decisions of the strategy meeting and any recommendations about the carers' approval status. OFSTED should be notified of all child protection investigations (Section 47 Enquiries)

10. Outcome of the Section 47 Enquiry

10.1	At any stage in the course of the enquiry it may be decided that the evidence does not justify continuing with the Section 47 Enquiries. However, concerns may still remain, and these may need to be addressed through a standard of care investigation (see Section 11, Decision making following the conclusion of the Section 47 enquiry ).
10.2	A re convened strategy meeting must be held when the child protection investigation has been completed. The review will:
10.3	Decide whether the allegations have been substantiated
10.4	Decide what action is to be taken in respect of the children currently in placement
10.5	Make recommendations as to the placement of other children
10.6	Recommend to the Fostering or Adoption & Permanency Panel that they should consider terminating the carer's approval
10.7	Decide whether a standard of care investigation is needed
10.8	Make recommendations about what support or training might be need
10.9	Receive information from the police as to any action to be taken in respect of the carer e.g. criminal proceedings
10.10	Determine whether a Child Protection Conference should be convened in respect of the carer's own child(ren).

11. Decision making following the conclusion of the Section 47 Enquiry

11.1	Depending on whether the allegations have been substantiated or not and the seriousness of them and with consideration to the recommendations of the strategy meeting the fostering or adoption team manager in consultation with the operations manager of placement services will need to consider the following options:
	11.1.1	No changes to the carers terms of approval
	11.1.2	Review of approval by the Fostering or Adoption & Permanence Panel (see Section 14, Reviews of carers approval )
	11.1.3	Recommend termination of approval by the Fostering or Adoption & Permanency Panel (see, Section 14, Reviews of carers approval)
	11.1.4	If the carer is found guilty of a criminal offence in relation to abuse, their approval will be terminated without recourse to a carer review and the supervising social worker will submit a report to the Fostering or Adoption & Permanency Panel in order to process the termination of approval.

12.Notifying the carer of the outcome of the Section 47 Enquiry

12.1	Following the conclusion of the investigation the chair of the strategy meeting will write to the carer outlining the conclusion of the investigation and explaining any further action the meeting is recommending. This letter will be sent within five working days of the final strategy meeting/discussion.
12.2	If there is to be a further standard of care investigation and/or a review of the carers' approval this and the reasons for this should be confirmed in writing by the fostering support or adoption manager or his or her deputy.
12.3	Carers who are dissatisfied with the process of the investigation (or decision) made by the local authority as part of the investigation have the right to use the Departmental Complaints Procedure and should be given a copy of the leaflet by their supervising social worker which explains the process they need to follow.

13. Evaluation meeting following a child protection enquiry and/or a standard of care investigations

13.1	Allegations of abuse are extremely stressful for carers and their families. At the end of a section 47 enquiry or standard of care investigation by the fostering or adoption service, carers should be offered a formal opportunity of having an evaluation meeting, during which they are enabled to express the impact of the process on them and members of their family, and any needs that they may have as a result.
13.2	The supervising social worker should convene a meeting within fourteen working days of the conclusion of the enquiry or investigation.
13.3	The meeting should be chaired by the fostering support or adoption manager or his or her deputy and, in addition to the carers and 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. However it is important to ensure that the carers feel that all available information has been made available to the investigation and that the carer has had every opportunity to respond to the concerns expressed. The meeting should be conducted at a time and place that takes account of the needs of the foster family.
13.4	Consideration should also be given as to whether a separate process should take place for any children or young people, including the sons or daughters of carers.
13.5	A record of the meeting should be kept and sent to everyone by the supervising social worker within three working days.
13.6	The meeting should consider:
	13.6.1	The impact of the allegation and investigation on the carers/family member who were the subject of the allegation
	13.6.2	The impact of any decision to remove children in placement
	13.6.3	The needs of everyone in the carer's family
	13.6.4	The perspective of the fostering or adoption service
	13.6.5	Clarification of the carer's current approval to foster and the need for any review of the carer's approval
	13.6.6	Any further standard of care investigation that is required following the conclusion of the Section 47 Enquiries that has not yet occurred
	13.6.7	The carers comments on the way in which the fostering team and those undertaking the investigating undertook their roles and responsibilities
	13.6.8	How any needs or concerns raised by the carers or identified by professionals will be met
13.7	The managers of both the child's social worker and the fostering/adoption worker must consider whether additional / individual support should be offered to the carer and her/his family at the end of the Section 47 Enquiry. Any decision must be placed on the carers and the child's file.

14. Reviews of carers approval

14.1	All cases where there has been a Section 47 Enquiry need to be reviewed by the Fostering or Adoption & Permanency Panel even if the allegations have not been substantiated. If a standard of care investigation is to be conducted this would be completed prior to the case being presented to the panel for a review of the carers' approval.
14.2	The fostering support or adoption team manager must decide if a review of a carer's approval is necessary, at the following stages:
	14.2.1	Following a child protection enquiry
	14.2.2	Following investigations into standards of care
	14.2.3	Whenever they think it necessary if they have a serious concern about a foster carer's practice or standard of care
	14.2.4	In addition to 'one off' information leading to a serious concern about a carers 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 in the case of foster carers. When taken individually, such concerns may not be serious, but over time they may accumulate, or worsen to the point that they amount to a serious concern that calls into question the suitability of the carer to foster. 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 contact arrangements etc
14.3	Concerns of any kind should be addressed with carers immediately they arise by the supervising social worker and the child's social worker. Documented opportunities (including post approval training) with milestones should be put in place for carers to improve, and outcomes recorded by the supervising social worker. However, if the quality of care provided remains unchanged, it may well call into question the carers suitability to foster or adopt. In these circumstances the fostering support or adoption team manager may wish to proceed to a review of approval.
14.4	When the fostering support or adoption team manager has made the decision to review a carer's approval, whether following an allegation or when there is a serious concern about practice or standards of care, s/he should ensure that the process starts within two weeks of the decision. The carer should be informed within three days of the decision to renew their approval by the manager in writing, as well as verbally. The information should include an indication of next steps, arrangements for the continued provision of independent support and the provisional date the case will be taken to panel.
14.5	Reviews of approval should:
	14.5.1	Clarify the nature of the review; ensure that the carer understands the process, the role of the fostering or adoption & permanence panel and the agency decision maker and provision for appeals
	14.5.2	Draw together a clear picture of the carer's career and their strengths
	14.5.3	A summary of the child protection or standard of care investigation and their conclusions
	14.5.4	Enable the carers and the fostering/adoption service to explore the future in terms of continuing the carer's approval
	14.5.5	Identify and clarify any requirements on the foster carer or prospective adopter
14.6	Reviews of approval should be conducted by a suitability qualified independent person who will prepare a full report for the fostering panel with recommendations about:
	14.6.1	The carer's suitability and competence to foster or adopt
	14.6.2	Any variations in the terms of approval
	14.6.3	Any needs they may have for further training and development, or other assistance they may require
14.7	It should include, when appropriate any suggestions about the way the fostering or adoption service could improve its practice based on the findings of the review.
14.8	The process of the review should not normally take longer than six weeks, commencing from the date the independent person was appointed. In the course of the process, the carer should have clear opportunities to express their point of view about all aspects of the information, evidence and opinion relevant to the review.
14.9	The carer should be given sight of the report and recommendations prior to the fostering or adoption and permanence panel. A minimum of ten working days and a maximum of fourteen days should be allowed for them to respond in writing about any matters they dispute, as well as any comments they may have about the recommendations. The carer's response should be submitted to the panel along with the report.
14.10	The carer should be invited to the fostering or adoption & permanence panel, along with any person who has been providing them with independent support or another person of their choice.
14.11	The supervising social worker should book the case into the next fostering or adoption & permanence panel and refer to and follow the fostering or adoption & permanence panel procedures.
14.12	The fostering or adoption & permanence panel will make a recommendation to the agency decision maker which may include one or more of the following:
	14.12.1	A change of terms of approval
	14.12.2	Termination of approval
	14.12.3	A further standard of care investigation
	14.12.4	A full reassessment to include further checks and references
	14.12.5	Recommendations for further training and a development programme.
	14.12.6	A break from fostering agreed with the carer for a specified period.
14.13	The panel administrator will ensure that the carer is informed of the decision maker's decision and the reasons for it in writing within seven working days. The carer should be informed about the process for making representations if they are unhappy with the decision (Pauline link fostering & adoption panel procedures).
14.14	The fostering support or adoption team manager will inform OFSTED in writing of the outcome of the review of the carer's approval
14.15	Termination of approval
	14.15.1	Under the Fostering Regulations 2002 , Fostering Services (Amendment) Regulations 2009 and Adoption Support Services Regulations 2002 written notice must be given to the carer that the fostering/adoption service proposes to terminate the carer's approval, together with any reasons, and inviting any representations within 28 days. As part of this procedure, the letter should also confirm that payments will cease, and the date on which they will cease.
	14.15.2	The supervising social worker should notify in writing the local authority in which the carer resides (if not Ealing), if the carer's approval has been terminated, with reasons, as set out in the written notification to the carer.
	14.15.3	The fostering support or adoption team manager should inform the local authorities' responsible for the children currently placed with the carer of the termination of their approval, and the reasons, as set out in the written notification to the carer.
14.16	Referral to The Independent Safeguarding Authority,ISA, and the regulatory body
	14.16.1	If the allegation is substantiated or the foster carers' approval is terminated consideration should be given by the Operation Manager of Placement Services as to whether the carer should be referred to the Independent Safeguarding Authority, ISA under the Duty to Refer for inclusion on the ISA Children's Barred List. If they are to be included a report by the Operations Manager of Placement Services should be completed within one month.
14.17	Resignations by the carers or non co-operation in their review
	14.17.1	If a carer resigns before or during the review, the supervising social worker should ask the carer to co-operate in the completion of the investigation emphasising the importance to it of eliciting their views. If the carer refuses the review will continue and the supervising social worker will collate whatever information is available and a report should be prepared for the panel, with recommendations. Where the reviewing officer has begun her review, s/he should complete their report stating why they have been unable to complete their assessment and detail their progress thus far and any conclusions they are able to make within this context.
	14.17.2	The carer should be informed of this, the recommendations that are made and the basis for them. A maximum of ten working days should be allowed for the carer to respond in writing about any matters of fact they dispute, as well as any comments they may have about the recommendations. The carer's response should be submitted to the panel along with the report.
	14.17.3	If the carer is unwilling to co-operate with a review of approval within the timescales that have been agreed at the outset, the supervising social worker should collate whatever information is available and a report should be prepared for the fostering or adoption & permanency panel, with recommendations and procedures outlined above should be followed.
	14.17.4	If the carer is unable to participate because of ill health, there may be a delay with their agreement, on production of a medical certificate. .

15. Procedures for Standard of Care Investigations

15.1	This part of the procedure applies to circumstances where:
	15.1.1	The decision has been taken not to commence a Section 47 Enquiry
	15.1.2	A Section 47 Enquiry has commenced during which it has been decided that the evidence does not justify continuing with the Section 47 Enquires. However, concerns may still remain, and these may need to be addressed through a standard of care investigation
	15.1.3	Following a Section 47 Enquiry when the decision of the strategy meeting is to conduct a standard of care investigation
	15.1.4	The fostering support or adoption team manager initiates a standard of care investigation
15.2	The decision to undertake a standard of care investigation will be made either on the recommendation of the strategy meeting, the fostering support/adoption manager or the Safeguarding Children Manager.
15.3	The Safeguarding Children Manager must be consulted with. If the allegation suggests that the carer may be unsuitable even if this does not require a Section 47 Enquiry than the Safeguarding Children Manager needs to remain involve and may convene a meeting to co ordinate the investigation/response.
15.4	The process of the investigation should be proportionate to the circumstances of the case. It should be borne in mind that allegations vary in terms of seriousness and their impact on the child concerned. There is a balance to be kept between a rigorous approach to the allegation, being seen to be fair to carers and their families, and, importantly, securing placement stability for children and young people.
15.5	If the manager of the fostering or adoption service decides that an investigation is necessary, then decisions about the following are required:
	15.5.1	Who will inform the carer and when
	15.5.2	Who will investigate
	15.5.3	Arrangements for their supervision
	15.5.4	How children who have been affected by the allegation (including the carer's children) will be involved, including an option for the appointment of an advocate for each of them
	15.5.5	What support the children involved, including the carer's children will need
	15.5.6	How parents/those with parental responsibility will be involved and consulted with
	15.5.7	Whether the foster carer is suspended from taking further placements while the matter is being investigated
	15.5.8	Who will provide independent support for the carer
	15.5.9	The arrangements for liasing with the local authority responsible for the child
15.6	A planning discussion or meeting should take place with all relevant personnel and include the child's social worker, the supervising social worker and their managers. This should be set up by the supervising social worker. The purpose of this discussion/meeting is to share information and plan the investigation.
15.7	In some circumstances, (or instance where more than one responsible local authority has children in placement with carers approved by an IFA) it may be necessary for the manager of the fostering or adoption teams to liaise (or invite them to a planning meeting) with more than one local authority responsible for all the children placed.
15.8	The Fostering Support/Adoption Manager should decide on who is the most appropriate person to conduct the standard of care investigation. This may be the foster carers' supervising social worker or another social worker in the team. In either circumstance the social worker's supervisor will jointly conduct the investigation. Every effort should be made to take account of any needs the carer or members of the family may have in relation to language and/or disability. The manager of the fostering/adoption service should co-ordinate the process and meet together with the two workers to brief them subject to section 15.3 above. The allegations to be investigated should be confirmed in writing to the investigating workers.
15.9	The carer should be informed of the substance of the allegation as soon as possible, and within three working days of the decision to initiate a standard of care investigation, if they are not already aware of it, except in exceptional circumstances. The carer's supervising social worker or their manager is responsible for notifying the carer and any other adult member of the family. They should receive written confirmation of this within 48 hours. This should include in formation about:
	15.9.1	The substance of the allegation
	15.9.2	Who will be involved in investigating the allegation
	15.9.3	The process and timescales
	15.9.4	Who will be informed or interviewed
	15.9.5	The right of the carer to independent advice and support throughout the process and details of where this can be obtained
	15.9.6	Financial arrangements
	15.9.7	Decisions about children currently in placement and reasons for them
	15.9.8	The reasons for the removal of children, if applicable
	15.9.9	Whether they are suspended from fostering during the investigation
	15.9.10	Any temporary variation in the carer's terms of approval
	15.9.11	Next steps
	15.9.12	The process of the investigation, both verbally and in writing, and on a regular basis thereafter

16. The Investigation

16.1	The investigating workers will meet with the carers on as many occasions as is appropriate, and interview them both separately and together, if they are a couple. They will also interview other household members if appropriate. The person providing independent support may attend all meetings and interviews with the carers
16.2	The person nominated to conduct the investigation will ensure that everyone concerned is interviewed. The process should include information/views of those involved and should be comprehensive where necessary, but proportionate. Those who might be involved include
	16.2.1	Any child or adult who has made the allegation or reported a concern
	16.2.2	The carer(s)
	16.2.3	The parents of the child or those with parental responsibility
	16.2.4	The child and the supervising social workers
	16.2.5	Anyone else with information that will be material to the investigation, for instance, the child's school, health service professionals, the children's guardian
	16.2.6	In exceptional circumstances, young people previously fostered by the foster carers
16.3	Clear timescales should be given to the carer for completing the assessment. Normally this would take no longer than four weeks to complete.
16.4	The investigating worker will write a report of their investigation which summarises the information, sets out the findings and makes recommendations. This report should be sent to the carer 14 days before a meeting is set up to discuss with the carer the recommendations and decide on the actions to be taken by the fostering support team.
16.5	If the carer is unable or unwilling to co-operate or resigns during the investigations workers should follow the procedures detailed in section 14.7.

17. Procedures to be followed after the investigation

17.1	The fostering support or adoption manager in consultation with the operation manager of placement services is responsible for deciding how to proceed following the investigation.
17.2	The fostering support or adoption manager should set up a meeting to consider the investigators report and any reports that the carer wishes to summit within fourteen days. The procedures detailed in section 13 of this report should be followed.
17.3	If the decision is made to review the carers approval procedures detailed in section 14 should be followed.
17.4	If the investigation does not proceed straight to a review of approval, the findings generated by the investigation should be placed on the carers file and a copy given to the carers. At the next annual review of approval, the findings from the investigation should be referred to, and subsequent changes and developments reviewed.
17.5	The manager should inform OFSTED and where applicable other local authorities responsible for children in placement of the outcome of the investigation.

End