2.2 Private Fostering

The Children (Private Arrangements for Fostering) Regulations 2005 which also came into force on 1st July 2005 replace the Children (Private Arrangement for Fostering) Regulations 1991. Replacement Children Act 1989 Guidance on Private Fostering 2005 and National Minimum Standards for Private Fostering also came into force in July 2005. Further details can be found at;

Legislation Government website

4.1

Promoting Awareness

4.2

Promoting and Safeguarding Child's Welfare.

4.3

Initial Notifications

Notification of a proposal to privately foster a child

1. A person who proposes to privately foster a child must notify the local authority at least six weeks before the date on which the private fostering arrangement is to begin or immediately where the arrangement is to begin within six weeks (Reg. 3(1)).
2. Any person, including a parent or other person with parental responsibility for a child, who is involved (directly or not) in arranging for the child to be privately fostered (e.g. a language school arranging for a student to be privately fostered by a host family) must notify the appropriate local authority of the arrangement as soon as possible after the arrangement has been made  (Reg 3(2)).  
3. A parent of a child or person with Parental Responsibility who is not involved (directly or not) in arranging for the child to be privately fostered but who knows of the proposal must notify the local authority as soon as possible after s/he becomes aware.
4. Regulation 3(4) requires that the notification must contain such of the information as detailed in Schedule 1 to the regulations as they can provide.

Notification by a person already privately fostering a child

1. Any person who is privately fostering a child and has not given notification in accordance with Regulation 3(1) must notify the local authority immediately. (Reg 5(1))
2. The notification must contain such of the information contained in Schedule 1 to the regulations as the person giving the notification is able to provide. (Reg 5(2))

Notification of a child going to live with a private foster carer.

1. A person who has given notification under Regulation 3(1) about a proposed private fostering arrangement must within 48 hours of the start of the arrangement, notify the local authority that the arrangement has begun. (Reg 6(1))
2. A parent of a child or other person with parental responsibility who has given notification under Regulation 3 (2) or 3(3) must within 48 hours of the child going to live with the private foster carer, notify the local authority that the arrangement has begun (Regulation 6(2))

Notifications Process

1. Notifications may come via the Customer Contact Centre and will be entered onto Frameworki using the Referral and Information Record of ICS before details are passed to the Children's Housing Support Team for assessment on the same day. 
2. For notifications that come to the attention of a social worker in other ways details would be entered onto Frameworki via the team and a referral created which would pass to Children's Housing Support Team in the usual way. 
3. Once the relevant team have been made aware of a proposed or actual private fostering arrangement a social worker will be allocated within 24 hours to carry out the Private Fostering assessment. (For assessment process see 4.6 below
   
   

4.4

Action to be taken by the local authority post Notification

For proposed arrangements the social worker must within seven working days;

1. Visit the premises where it is proposed the child is being cared for and accommodated.
2. Visit and speak to the proposed private foster carer and to all members of their household.
3. Visit and speak to the child whom it is proposed will be privately fostered alone, unless the officer considers it inappropriate. An interpreter who is independent of the child's parents and of the private foster carer should always be used where the child's preferred language is not English.
4. Speak to and, if it is practicable to do so, visit every parent of or person with parental responsibility for the child.
5. The social worker must establish from speaking and visiting as in d) above the following matters as outlined in Schedule 2 to regulations (for proposed arrangements);
   1. That the intended duration of the private fostering arrangement is understood and agreed between the parents of the child or other person with parental responsibility for him, and the proposed private foster carer; (Use Private Fostering Agreement form on Frameworki)
   2. The wishes and feelings of the child about the proposed placement (considered in the light of age and understanding);
   3. The suitability of the proposed accommodation (Use Private Fostering Health and Safety checklist on Frameworki)
   4. The capacity of the proposed private foster carer to look after the child;
   5. The suitability of members of the proposed/actual private foster carers household (including children already resident);
   6. That arrangements for contact between the child and his parents, any other person with parental responsibility for him and other persons who are significant to him, have been agreed and understood and that those arrangements will be satisfactory for the child;
   7. That the parents of the child or any other person with parental responsibility for him and the proposed private foster carer have agreed financial arrangements for the care and maintenance of the child;
   8. That consideration has been given to, and necessary steps taken to make arrangements for the care of the child's health. For a child under 5 years the social worker must make direct contact with the health visitor.
   9. That consideration has been given to, and necessary steps taken to make arrangements for the child's education. The social worker must make direct contact with the child's teacher or head of year. 
   10. How decisions about the child's day to day care will be taken; and
   11. Whether the proposed private foster carer, the parents of the child, any other person with parental responsibility for the child, or any other person concerned with the child are being given such advice as appears to the authority to be needed
   12. Complete Private Fostering Visit record on Frameworki

For actual arrangements the social worker must within seven working days;

1. Visit the premises where the child is being cared for and accommodated;
2. Visit and speak to the private foster carer and to all members of their household;
3. Visit and speak to the child alone, unless the officer considers it inappropriate. (Use Interpreter's as above);
4. Speak to and, where practicable, visit the parents or person with parental responsibility for the child.
5. The social worker must establish from speaking and visiting as above the following matters as outlined in Schedule 3 to regulations;
   1. That the intended duration of the private fostering arrangement is understood and agreed between the parents of the child or other person with parental responsibility for him, and the private foster carer; (See 4.4.1 (e) (i) above)
   2. The wishes and feelings of the child about the arrangement (considered in the light of age and understanding);
   3. That the child's physical, intellectual, emotional, social and behavioural development is appropriate and satisfactory;
   4. That the child's needs arising from his religious persuasion, racial origin and cultural and linguistic background are being met;
   5. That the financial arrangements for the care and maintenance of the child are working;
   6. The capacity of the private foster carer to look after the child;
   7. The suitability of the accommodation (Use Private Fostering Health and Safety Checklist on Frameworki)
   8. That the arrangements for the care of the child's health are in place and, in particular, that the child is included on the list of a General Practitioner and contact made with Health Visitor if not done already;
   9. The arrangements for the child's education and contact made with the school if not done already;
   10. The standard of care which the child is being given;
   11. The suitability of members of the private foster carers household (including children already resident);
   12. Whether the contact between the child and his parents, or any other person with whom contact has been arranged, is satisfactory for the child;
   13. How decisions about the child's day to day care are being taken; and
   14. Whether the private foster carer, the parents of the child, any other person with parental responsibility for the child, or any other person concerned with the child are being given such advice as appears to the authority to be needed.
   15. Complete Private Fostering Visit record on Frameworki
       
       

4.5

Failure to Notify the Local Authority of a Private Fostering Arrangement

4.6

Assessment and Written Report

4.7

Children in Need

4.8

Requirements, Prohibitions, Disqualifications and Appeals

Requirements.

1. Local authorities have the power under paragraph 6 of Schedule 8 to the Children Act 1989 to impose requirements on a private foster carer as to: the number, age, sex of the  children who may be privately fostered; the standard of accommodation and equipment to be provided for them; the arrangements to be made as regards their health and safety and any particular arrangements which must be made with respect to the provision of care for them. 
2. In addition the usual fostering limit of not more than three children applies.  If an application is made for an exemption from the usual fostering limit, this will be determined by the  named Operations Manager for Private Fostering.
3. If Requirements are being considered, the Team Manager must discuss with the named Operations Manager for Private Fostering. The matter should also be discussed with legal services before a decision is made and before discussion with the private foster carer. 
4. When it is proposed that a requirement be made an informal discussion with the private foster carer needs to take place before the formal written notice is given in order for any informal negotiations to take place if it is consistent with the welfare of the child and to prevent unnecessary appeals to court (see below).
5. Where the local authority makes a decision about a requirement this must be notified in writing with the reasons for the requirement. The notification must inform the person of his right to appeal and the time limit for doing so. (See Appeals below) If the local authority is not satisfied about any of the arrangements, the parent should be informed by the local authority.
6. Written notice of any requirement must be given to the private foster carer by the named Operations Manager after the consultation with Legal Services.
7. The parent/s should also be notified in writing of any requirements imposed at this stage.
8. If a private foster carer does not comply with a requirement, the local authority should consider whether it would be appropriate to impose a prohibition.
9. The local authority has the power to remove vary or add requirements. This process is the same as outlined from (d) above.

Prohibitions.

1. Local authorities have the power to prohibit a person from privately fostering (proposed or actual arrangements) where they are of the opinion that:
   1. He/she is not a suitable person.
   2. The premises are not suitable.
   3. It would be prejudicial to the welfare of the child to be, or continue to be accommodated by that person in those premises.
2. If the social worker/team manager considers this to be the case then the written report must be discussed with the named Operations Manager and legal services consulted.
3. The following action is to be considered and taken as appropriate:-
   1. for negotiation with the proposed private foster carer to seek to remedy the concerns.
   2. Notification to the child's parents of the concerns.
   3. Imposition of a prohibition which must be in writing and contain reasons and done by the named Operations Manager in consultation with Legal Services.  An appeal may be made to court within 14 days of notification.  Private foster carers must be advised of this right.
   4. The exercise of any of the local authority's functions under the Act (including removal of the child as necessary).
   5. Persons on whom a prohibition has been imposed are subject to the disqualifications in the Disqualification for Caring Children (England)Regulations 2004.
4. Local authorities may cancel a prohibition if they are satisfied that the prohibition is no longer justified.

Disqualifications.

1. Certain persons are disqualified from privately fostering (and other roles caring for children).(Section 68 Children Act 1989) The grounds for disqualification are set out in The Disqualification for Caring for Children (England) Regulations 2004.  Appropriate enquiries will need to be conducted to determine whether the proposed or actual private foster carer or any member of their household is disqualified from private fostering. Disqualifications will be because;
   • S/he has been convicted at any time of certain offences (See Regs. for details);
   • An order has been made at any time in respect of a child in his/her care;
   • The persons rights and powers over a child has been removed at any time;
   • S/he has been refused registration as a childminder or similar;
   • A prohibition from private fostering has been imposed;
   • S/he lives in the same household as someone who is disqualified
2. Local authorities do have the discretion to lift the disqualification in certain circumstances.  However, this discretionary power should only be used in the most exceptional circumstances.  Such a decision will be made by the Director of Children and Families in consultation with Legal Services.  If such a situation arises, a written report must be sent to the Director from the social worker/team manager with the signed support of the Area/ or named Operations Manager.
3. Local authorities are required to inform the person in writing of the reason for refusing to exercise this discretion and inform the person of the right to appeal to court within 14 days.

Appeals

1. Where the local authority makes a decision concerning requirements, prohibitions or disqualifications the following procedures must be followed;
   1. Written notification of the local authority's decision and reasons for it must be sent to the proposed or actual private foster carer/s by the named Operations Manager and after Consultation with Legal Services as appropriate.
   2. The letter should be sent within 24 hours of the decision being taken.
   3. If the private foster wishes to appeal against this, they are able to lodge an appeal to the Court within 14 days of the notification of that decision.
      
      

4.9

Monitoring and Review or Arrangements

Notification of end of Private Fostering Arrangement

1. A person ceasing to foster a child privately must notify the local authority in writing within 48 hours of so doing, giving the name and address of the person into whose care the child was received and that persons relationship to the child. 
2. If the reason for ceasing to foster the child privately is the child's death, the private foster carer must notify the local authority of this. The named Operations Manager should be notified immediately as consideration as to whether child protection procedures need to be followed will need to be taken. The Operations Manager should ensure that appropriate arrangements are in place to notify the parent immediately. The local authority may need to assist the private foster carer with the formalities and in any event will need to consider the implications of what has happened.
3. No notification of ceasing to foster the child privately is required if it is intended that the arrangement be resumed within 27 days. If this does not happen then notification is again required within 48 hours.
4. A parent of a privately fostered child, and any other person with parental responsibility for him, who has given notification under Regulations 3(2) or 3(3) must notify the local authority of the ending of the private fostering arrangement and must include in the notification the name and address of the person into whose care the child was received and that person's relationship with the child.
5. The social worker must update details on Frameworki using the Termination/ Change of Address of PF Arrangements form

Notification of change of circumstances

1. A private foster carer must notify the local authority in writing in advance if practicable (or if not within 48 hours after the change of circumstances) of ;
   1. any change in his/her address
   2. any further offence of which he or a person who is part of, or employed at, his household has been convicted;
   3. any further disqualification imposed on him or a person who is part of, or employed at his household under section 68 of the Children Act 1989
   4. any person who begins to be part of, or employed at, his household, and any offence of which that person has been convicted, and any disqualification or prohibition imposed on him under section 68 or 69 of the Children Act 1989 (or under any previous enactment of those sections); and
   5. any  person who ceases to be part of, or employed at, his household
2. If the private foster carers new address is in the area of another local authority, the local authority receiving the notice must inform the new local authority.
3. A parent of a privately fostered child, and any other person with parental responsibility for him, who knows that the child is being privately fostered, must notify the local authority of any change in his own address.
4. The social worker must update details on Frameworki using the Termination/ Change of Address of PF Arrangements form

Supervisory Role of Local Authority.

1. A local authority must make arrangements for each child who is privately fostered within their area to be visited by an officer of the authority at intervals as set out below. This will usually be done by a social worker in the Children's Housing Support Team.
2.   Visits
   1. The social worker should visit
      • within one week of the local authority  being notified of an arrangement.
   2. The social worker must visit
      • at intervals of at least once every 6 weeks in the first year, Reg 8(1)(a)
      • Then at intervals of not less than every 12 weeks in the second and subsequent years, Reg 8(1)(b).
   3. In addition the social worker must visit whenever reasonably requested by the child, the private foster carer, a parent of the child or any other person with parental responsibility for the child.
   4. The child must be seen alone (unless inappropriate) at each visit
   5. The social worker must complete a written report on each visit using the Private Fostering Visit record on Frameworki.  A visit will not count as a visit unless (regulatory requirement):
      • The child has been seen.
      • A written report has been made.
   6. The purpose of visiting is primarily to ensure protection of the child (the child's bedroom should be seen from time to time, and consideration given to making unannounced visits), ensuring the welfare of the child is satisfactory, ensuring the private foster carer receives such advice as necessary (including. e.g. re. health, education, racial, religious, cultural, linguistic needs of the child), checking that any requirements that have been made are being met or should be changed, enquiring how arrangements with the natural parent(s) are working and considering whether any local authority intervention is appropriate and reviewing all the matters as above.  Maximising the life chances of a privately fostered child should be a focus of the work with the private foster carers.  Private foster carers must be made aware of the importance of education and educational support and of fulfilling health needs.
   7. The social worker should consider all the matters addressed in the initial visits. In addition they need to establish;
      • Whether the child's needs arising from his/her religious persuasion, racial origin and cultural and linguistic background are being met,
      • The child's physical, intellectual, emotional, social and behavioural development and general well being including how separation and loss are being handled, continuity in his/her life, sense of self worth, self image and identity,
   8. Consideration must be given to whether any requirements, prohibitions, prohibitions with conditions should be imposed or whether the child's welfare is not being met and should return to parents.
   9. The social worker will need to build a relationship with the child in order to effectively take account of his/her wishes and feelings. 
   10. If the social worker is concerned that a child being privately fostered is receiving unsatisfactory care, concerns should be discussed with the line manager and appropriate Operations Manager.  Various actions at different levels may be appropriate including action under Part V of the Children Act, or provision of services under Part III.
   11. Private foster carers must be made aware of the importance of retaining all information about the child's development and share it with the parents.  This includes keeping photographs, school reports and other identity information (see procedure on Identity / Life History Work V4F04).
   12. It is an offence (under section 70 Children Act 1989) for a private foster carer to refuse to allow a child to be visited or to obstruct an authorised officer. If this occurs a social worker should discuss with their Team Manager and the named Operations Manager for Children in Need.
3. Review.
   1. Private Fostering arrangements must be reviewed following as for Children In Need, with the first review at three months and subsequent reviews every six months.

Advisory Role of Local Authority.

1. The regulations impose a duty on the local authority to give a private foster carer any necessary advice. This may be done in a number of ways - individually by the social worker or other professional, in a 'self help' group, in 'drop in' centres with other foster carers, through training etc.
2. Advice may be needed on such issues as:-
   1. The statutory requirements in relation to private fostering.
   2. Child development.
   3. A child's needs in relation to his/her religion, culture, language and race including e.g. re. female circumcision (see Children Act Guidance Vol. 8 - para.1.7.16).
   4. The effects of loss and separation.
   5. The need for continuity in a child's life.
   6. A child's sense of self worth, image and identity.
   7. Physical care.
   8. Health care.
   9. Educational needs.
   10. Potential racial harassment.
   11. Insurance cover.
   12. Contact with the child's family.
   13. Needs of siblings. (see Children Act Guidance Vol 8. Para 1.7.25).

Click here to view the CRB Check Administration Flowchart

Click here to view the Private Fostering Process on Frameworki

SW to complete the following

1. Complete ICS PF Assessment episode on child and the carer.
2. Complete PF10 for child.  Print for child to sign and upload on child FWi.
3. Complete and print (PF10) and give to carer and parents to sign.  If parents are unknown then record in cases notes. Upload PF10 on carer/parents FWi record.
4. Cases notes on all i.e. child/carers/parents

Admin

1. Must create carer on fwi.
2. Must add relationship between child and carer.
3. SAO - to put child on PF register.
4. AO should use- (Service user group as cases other than CIN. Sub group: private fostering.)
5. SAO- To arrange CRB for carer and all person's over the age of 16yrs.