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136 <h1>
136 Delegation of Authority to Foster Carers and Residential Workers
136 </h1>
141 <div class="well">
142 <p class="bold">
142 SCOPE OF THIS CHAPTER
143 </p>
144 <p>
144 This chapter sets out the arrangements for delegation to carers of the authority to make
decisions relating to children in care Child in care, under the Care Planning, Placement and
Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (which amend
the Care Planning, Placement and Case Review (England) Regulations 2010), and revised
Children Act 1989 Guidance and Regulations Volume 2: Care Planning, Placement and Case
Review.
144 </p>
145 <p>
145 'Carer', in this context, means the foster carer or registered manager of the children's
home where the child resides. This will include Connected Persons given temporary approval
as foster carers, but will not include Private Foster Carers.
145 </p>
146 <p>
146 Signed: …………………………………………………. Date:
146 <br>
147 Steve Peddie, Director of Children's Services
147 </p>
148 <p>
148 Signed: ………………………………………………. Date:
148 <br>
149 Cllr Matt Smith, Lead Member for Children.
149 </p>
150 <p class="bold">
150 Principles:
150 </p>
151 <ul>
152 <li>
152 Authority for day-to-day decision making about a Child in Care should be delegated to the
child's carer(s), unless there is a valid reason not to do so*;
152 </li>
153 <li>
153 A child in care's Placement Plan should record who has the authority to take particular
decisions about the child. It should also record the reasons where any day-to-day decision
is not delegated to the child's carer;
153 </li>
154 <li>
154 Decisions about delegation of authority should take account of the child's views, and
consideration should be given as to whether a child in care is of sufficient age and
understanding to take some decisions themselves.
154 </li>
155 </ul>
156 <p class="tiny_text">
156 * 'The carer' means the foster carer or registered manager of the children's home where the
child resides.
156 </p>
157 </div>
164 <div class="section">
164 <h2 id="del_auth">
164 1. Delegation of Authority
164 </h2>
165 <p>
165 It is essential to fulfilling the local authority's duty to safeguard and promote the
child's welfare that, wherever possible, the most appropriate person to take a decision
about the child has the authority to do so, and that there is clarity about who has the
authority to decide what.
165 </p>
166 <p>
166 Decisions about delegation of authority must be made within the context of:
166 </p>
167 <ul>
168 <li>
168 The child's Permanence Plan, which sets out the local authority's plan for achieving a
permanent home for the child; and
168 </li>
169 <li>
169 The legal framework for Parental Responsibility in the Children Act 1989.
169 </li>
170 </ul>
171 <p>
171 The expectation must be that the assessment and approval of foster carers, their training
and previous experiences of, for example, caring for their own children, will equip them
with the skills and competence to undertake the day-to-day caring task, including taking
day-to-day decisions about their foster child's care. Any skills gaps should be urgently
addressed so that foster carers are able to carry out their parenting role effectively.
171 </p>
172 <p>
172 Where a particular decision is not delegated to a child's carer and rests with the local
authority, there is a clear system in place for ensuring that decisions can be made by the
appropriate person in a timely way, with arrangements in place to cover sickness and annual
leave. Details of these arrangements are given to parents, carers and children (subject to
age and understanding).
172 </p>
173 <p>
173 Warrington Fostering Service have adopted Fostering networks Delegated Authority Tool. This
discussion document is completed initially at the care planning meeting and reviewed and
updated as necessary following each Case review.
173 </p>
174 </div>
175 <div class="section1">
175 </div>
181 <div class="section">
181 <h2 id="perm_plan">
181 2. Delegation in the Context of the Permanence Plan
181 </h2>
182 <p>
182 When deciding who should have authority to take particular decisions, the most appropriate
exercise of decision-making powers will depend, in part, on the long term plan for the
child, as set out in the child's permanence plan. For example:
182 </p>
183 <ul>
184 <li>
184 Where the plan is for the child to return home, the child's parents should have a
significant role in decision-making;
184 </li>
185 <li>
185 Where the plan is for long term foster care/Fostering for Adoption, the foster carers
should have a significant say in the majority of decisions about the child's care,
including longer term decisions such as which school the child will attend;
185 </li>
186 <li>
186 Whatever the Permanence Plan, the carer should have delegated authority to take day-to-day
parenting decisions. This enables them to provide the best possible care for the child.
186 </li>
187 </ul>
188 </div>
189 <div class="section1">
189 </div>
195 <div class="section">
195 <h2 id="law">
195 3. Delegation in the Context of the Law on Parental Responsibility
195 </h2>
196 <p>
196 The child's parents do not lose Parental Responsibility when the child is Looked After.
Where the child is voluntarily Accommodated under Section 20 of the Children Act 1989, the
local authority does not have Parental Responsibility. The local authority does have
Parental Responsibility where there is a care order or emergency protection order. The
foster carer never has Parental Responsibility.
196 </p>
197 <p>
197 Where a child is being voluntarily accommodated, the child's Care Plan, including delegation
of authority to the local authority or child's carer, should (where the child is under 16),
as far as is reasonably practicable, be agreed with the child's parents and anyone else who
has Parental Responsibility. If the child is 16 or 17 the Care Plan should be agreed with
them. A local authority cannot restrict a person's exercise of their Parental
Responsibility, including their decisions about delegation, unless there is a Care Order or
an Emergency Protection Order in place.
197 </p>
198 <p>
198 Where a child is subject to a Care Order or Emergency Protection Order, the local authority
should, wherever possible and appropriate, consult parents and others with Parental
Responsibility for the child. The views of parents and others with Parental Responsibility
should be complied with unless it is not consistent with the child's welfare.
198 </p>
199 <p>
199 It is important to build effective relationships between parents and others with Parental
Responsibility so that they understand that appropriate delegation is in the best interests
of the child. Where parents initially feel unable to delegate, this may change over time as
trust develops, so decisions should be kept under review through the care planning process,
which parents should be involved in, where reasonably practicable (whether the child is
voluntarily Accommodated or under a Care Order).
199 </p>
200 <p>
200 Where a parent is unable to engage in the discussions about delegation of authority for
whatever reason, or refuses to do so, the local authority will need to take a view. If the
local authority has a Care Order, then they can exercise their Parental Responsibility
without the parent. Where the local authority does not have Parental Responsibility they can
still do what is reasonable in the circumstances for the purpose of safeguarding and
promoting the child's welfare.
200 </p>
201 <p>
201 There are some decisions where the law prevents authority being delegated to a person
without Parental Responsibility. These include:
201 </p>
202 <ul>
203 <li>
203 Applying for a passport (a child aged 16 or over who has the mental capacity to do so can
apply for their own passport);
203 </li>
204 <li>
204 Where there is a Care Order, the child cannot be removed from the UK for more than a month
without written consent of everyone with Parental Responsibility or the leave of the Court
(where the child is voluntarily accommodated the necessary consents must be obtained as
for a child outside the care system);
204 </li>
205 <li>
205 A local authority cannot decide that a child should be known by a different surname or be
brought up in a religion other than the one they would have been brought up in had they
not become a child in care.
205 </li>
206 </ul>
207 </div>
208 <div class="section1">
208 </div>
214 <div class="section">
214 <h2 id="compet">
214 4. The Child's Competence to Make Decisions Themselves
214 </h2>
215 <p>
215 Any decision about delegation of authority must consider the views of the child. In some
cases a child will be of sufficient age and understanding to make decisions themselves. For
example, they may have strong views about the often contentious issue of haircuts, and if
the child is of sufficient age and understanding, it may be decided that they should be
allowed to make these decisions themselves.
215 </p>
216 <p>
216 When deciding whether a particular child, on a particular occasion, has sufficient
understanding to make a decision, the following questions should be considered:
216 </p>
217 <ul>
218 <li>
218 Can the child understand the question being asked of them?
218 </li>
219 <li>
219 Do they appreciate the options open to them?
219 </li>
220 <li>
220 Can they weigh up the pros and cons of each option?
220 </li>
221 <li>
221 Can they express a clear personal view on the matter, as distinct from repeating what
someone else thinks they should do?
221 </li>
222 <li>
222 Can they be reasonably consistent in their view on the matter, or are they constantly
changing their mind?
222 </li>
223 </ul>
224 <p>
224 Regardless of a child's competence, some decisions cannot be made until a child reaches a
certain age, for example, tattoos are not permitted for a person under age 18 and certain
piercings are not permitted until the child reaches age 16.
224 </p>
225 <p>
225 Where appropriate, consider seeking the child's views on the preferred decision maker.
225 </p>
226 </div>
227 <div class="section1">
227 </div>
233 <div class="section">
233 <h2 id="types">
233 5. Types of Decision
233 </h2>
234 <p>
234 Decisions about the care of a Child in Care are likely to fall into 3 broad areas:
234 </p>
235 <ul>
236 <li>
236 Day-to-day parenting, e.g. routine decisions about health/hygiene, education, leisure
activities;
236 </li>
237 <li>
237 Routine but longer term decisions, e.g. school choice;
237 </li>
238 <li>
238 Significant events, e.g. surgery.
238 </li>
239 </ul>
240 <h3>
240 Day-to-day Parenting
240 </h3>
241 <p>
241 All decisions in this category should be delegated to the child's carer (and/or the child if
they can take any of these decisions themselves). Any exceptions and reasons for this should
be set out in the child's Placement Plan within their Care Plan.
241 </p>
242 <p>
242 Decisions about activities where risk assessments have been routinely carried out by those
organising / supervising the activity, e.g. school trips or activity breaks, should be
delegated to the child's carer. There is no expectation that Children's Social Care should
duplicate risk assessments.
242 </p>
243 <p>
243 Reasons not to delegate to the carer may include, if the child's individual needs, past
experiences or behaviour are such that some day-to-day decisions require particular
expertise and judgement. For example, where a child is especially vulnerable to exploitation
by peers or adults, where overnight stays may need to be limited, the foster carer or
children's home may need the local authority to manage this.
243 </p>
244 <h3>
244 Routine but Longer Term Decisions
244 </h3>
245 <p>
245 This category of decisions will require skilled partnership work to involve the relevant
people. The child's Permanence Plan will be an important factor in determining who should be
involved in the decision. For example, if the plan is for the child to return home, their
parents should be involved in a decision about the type of school the child should attend
and its location, because ultimately the child will be living with them. Where the plan is
for long term foster care, or care in a residential unit until age 18, then while the
child's parents must be involved (unless there is a Care Order and the local authority has
decided not to involve them), where possible the school choice should fit with the foster
carer's family life as well as be appropriate for the child.
245 </p>
246 <h3>
246 Significant Events
246 </h3>
247 <p>
247 This category of decisions is likely to be more serious and far reaching. Where the child is
voluntarily Accommodated, the child's birth parents or others with Parental Responsibility
should make these decisions. Where the child is under a Care Order or Emergency Protection
Order, decisions may be made by the birth parents or others with Parental Responsibility,
which includes the local authority, depending on the decision and the circumstances. Such
decisions should, however, always take account of the wishes and feelings of the child and
their carer. See also
247 <a href="#health">
247 Section 7, Delegation in the Context of the Child's Health
247 </a>
247 .
247 </p>
248 </div>
249 <div class="section1">
249 </div>
255 <div class="section">
255 <h2 id="educ">
255 6. Delegation Relating to the Child's Education
255 </h2>
256 <h3>
256 Choosing a school
256 </h3>
257 <p>
257 The choice of an early years setting or school should be discussed and agreed by the holders
of parental responsibility at a statutory review meeting. The foster carers should then be
able to accept the place and sign any relevant forms.
257 </p>
258 <h3>
258 Change of school
258 </h3>
259 <p>
259 If the foster carer decides to move house or wants the child to attend a different school,
this will need to be agreed at a statutory review meeting. The impact a move of school will
have on the child must be a key focus, therefore should only be completed when children are
in permanent placements.
259 </p>
260 <p>
260 The Education Act 1996 defines 'parent' as including a person who has care of the child in
question. Therefore a child's foster carer or residential worker is deemed a parent for the
purposes of education law. This means, for example, that a foster carer should be treated
like a parent with respect to information provided by a school about the child's progress;
should be invited to meetings about the child; and should be able to give consent to
decisions regarding school activities.
260 </p>
261 <h3>
261 School day trips
261 </h3>
262 <p>
262 Risk assessments for school trips and outings are the responsibility of schools. Foster
carers should be delegated the task of providing agreements and signatures for these from
the outset of a placement, wherever possible. Where this is not delegated, the reason should
be made clear. Please refer to the children in care policies for overnight stays and trips.
262 </p>
263 <h4>
263 Longer school trips/trips involving more hazardous activity
263 </h4>
264 <p>
264 Longer school trips at home or abroad that require additional funding from the local
authority, and trips which involve potentially hazardous activities, will require foster
carers to consult with the child's allocated social worker.
264 </p>
265 <h3>
265 Accessing educational and leisure activities
265 </h3>
266 <p>
266 Children in care should have the same opportunities as any child to take full advantage of
extracurricular education initiatives. Foster carers should be delegated the task of
providing agreements and signatures for these from the outset of a placement, wherever
possible.
266 </p>
267 Young people can sometimes apply in their own right for a place at sixth form or FE college.
If they are of compulsory school age their application must also be signed by a parent (which
in the context of education includes foster carers or residential workers) confirming their
approval of the application. Once they are over compulsory school age, they can apply in their
own right without the need for parental consent. Young people can also appeal against the
refusal of a 6th form place along these lines.
267 </div>
268 <div class="section1">
268 </div>
274 <div class="section">
274 <h2 id="health">
274 7. Delegation in the Context of the Child's Health
274 </h2>
275 <p>
275 Foster carers should be absolutely clear from the outset about their responsibilities if
children require emergency medical treatment and if they require planned treatment. The
child's health plan must set out the details of the child's health needs and how they will
be met. The Placement Plan should clearly show where and when the foster carers have
delegated authority to take decisions or give consents in relation to a child's health.
275 </p>
276 <p>
276 All children in care should be registered with a General Practitioner, Dentist and or
optician (where applicable). The details should be provided to the foster carers to ensure
they can access the facilities for a child or young person.
276 </p>
277 <h3>
277 Non-routine medical treatment
277 </h3>
278 <p>
278 Children should never have to wait for pain relief or emergency treatment as a result of
confusion about who has authority to give consent. Situations may arise where children
sustain an injury or require emergency treatment. Further information is outlined in the
medication policy.
278 </p>
279 <p>
279 Any medical procedure requiring General anaesthetic is not included under Delegated
authority, and will require parent and/or consent from a senior manager under the scheme of
delegation.
279 </p>
280 <h3>
280 Young people aged 16 or 17
280 </h3>
281 <p>
281 Young people aged 16 or 17 are presumed to be capable of consenting to their own medical
treatment, provided the consent is given voluntarily and they are appropriately informed
regarding the particular intervention. If the young person is capable of giving valid
consent, then it is not legally necessary to obtain consent from a person with Parental
Responsibility. It is, however, good practice to involve the young person's family in the
decision-making process – unless the young person specifically wishes to exclude them – if
the young person consents to their information being shared.
281 </p>
282 <h3>
282 Children under 16 – the concept of Gillick competence
282 </h3>
283 <ol style="list-style-type:lower-roman">
284 <li>
284 <span class="bold">
284 Child 'Gillick' Competent
284 </span>
284 <br />
285 <br />
286 A child of under 16 may be Gillick Competent to consent to medical treatment, i.e. they
have sufficient understanding to enable them to understand fully what is involved in a
proposed intervention. Deciding whether or not a child is Gillick Competent can be a
difficult judgment, and legal advice should be sought as necessary.
286 <br />
287 <br />
288 The understanding required for different interventions will vary considerably. Thus a
child under 16 may have the capacity to consent to some interventions but not to others.
The child's capacity to consent should be assessed carefully in relation to each decision
that needs to be made.
288 <br />
289 <br />
290 In some cases, for example because of a mental disorder, a child's mental state may
fluctuate significantly, so that on some occasions the child appears Gillick Competent in
respect of a particular decision and on other occasions does not. In such cases, legal
advice may be sought.
290 <br />
291 <br />
292 If the child is Gillick Competent and is able to give voluntary consent after receiving
appropriate information, that consent will be valid and additional consent by a person
with parental responsibility will not be required. It is, however, good practice to
involve the child's family in the decision-making process, if the child consents to their
information being shared;
292 <br>
293 <br>
294 </li>
295 <li>
295 <span class="bold">
295 Child Not 'Gillick' Competent
295 </span>
295 <br />
296 <br />
297 Where a child under the age of 16 lacks capacity to consent (i.e. is not Gillick
Competent), consent can be given on their behalf by any one person with Parental
Responsibility. Consent given by one person with Parental Responsibility is valid, even if
another person with Parental Responsibility withholds consent. However, legal advice may
be necessary in such cases.
297 </li>
298 </ol>
299 <h3>
299 Refusal of consent
299 </h3>
300 <p>
300 Where a young person of 16 or 17 who could consent to treatment, or a child under 16 who
is Gillick Competent, refuses treatment, it is possible that such a refusal could be
overruled by a court if it would in all probability lead to the death of the child/young
person or to severe permanent injury. Legal advice must be sought.
300 </p>
301 <p>
301 Where necessary, the courts can overrule a refusal to consent by a person with Parental
Responsibility.
301 </p>
302 <p>
302 For further information, see
302 <a
href="https://www.gov.uk/government/publications/reference-guide-to-consent-for-examination-
or-treatment-second-edition" target="_blank" rel="noopener">
302 Department of Health and Social Care Reference guide to consent for examination or
treatment
302 </a>
302 , second edition 2009.
302 </p>
303 </div>
304 <div class="section1">
304 </div>
310 <div class="section">
310 <h2 id="pl_plan">
310 8. The Placement Plan
310 </h2>
311 <p>
311 The Care Planning, Placement and Case Review (England) Regulations 2010 (as amended) require
that each Child in Care's Placement Plan must make clear who has the authority to take
decisions in key areas of the child's day-to-day life, including:
311 </p>
312 <ul>
313 <li>
313 Medical or dental treatment;
313 </li>
314 <li>
314 Education;
314 </li>
315 <li>
315 Leisure and home life;
315 </li>
316 <li>
316 Faith and religious observance;
316 </li>
317 <li>
317 Use of social media; and
317 </li>
318 <li>
318 Any other areas of decision-making considered relevant with respect to the particular
child.
318 </li>
319 </ul>
320 <p>
320 The person(s) with the authority to take a particular decision or give a particular consent
must be clearly named on the Placement Plan and any associated actions (e.g. a requirement
for the carer to notify the local authority that a particular decision has been made) should
be clearly set out in the Placement Plan and within the delegated authority document.
Placement Plans must be agreed with the child's carer, and are likely to be most effective
when drawn up in a placement planning meeting which involves everyone concerned, including
the carers.
320 </p>
321 <p>
321 Where a decision is not delegated to the child's carer, but can be predicted in advance, the
agreement of those with Parental Responsibility to the decision should be sought in advance
and recorded in the Placement Plan, so that when the decision arises, delay can be avoided.
321 </p>
322 <p>
322 For some decisions that are made by a person other than the child's carer, it may be
expected that the carer will implement the decision. For example, parents or the local
authority may agree to the provision of Child and Adolescent Mental Health Services, but ask
the carer to take the child to appointments. This is not delegation of decision making to
the carer, as the decision will have been taken by those with Parental Responsibility and a
medical professional, but it will enable the delivery of the service to continue without the
need for ongoing support from social workers. The child's Placement Plan should make clear
what the expectations of the carer are in such cases.
322 </p>
323 <p>
323 The appropriate distribution of decision making powers is likely to change over time, as the
child matures and circumstances change. The Placement Plan forms a part of the child's
overall Care Plan. Decisions about delegation of authority should be considered and updated
at each review of the Care Plan.
323 </p>
324 <h3>
324 Further sources of information
324 </h3>
325 <p>
325 Other departmental advice and guidance:
325 </p>
326 <ul>
327 <li>
327 The Children Act 1989 Guidance and Regulations, Volume 2: Care Planning, Placement and
Case Review;
327 </li>
328 <li>
328 The Children Act 1989 Guidance and Regulations, Volume 4: Fostering Services;
328 </li>
329 <li>
329 The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous
Amendments) Regulations 2013;
329 </li>
330 <li>
330 <a href="http://www.minimumstandards.org/contents_fost.html" target="_blank"
rel="noopener">
330 Fostering Services: National Minimum Standards
330 </a>
330 .
330 </li>
331 </ul>
332 <h3>
332 Associated resources (external links)
332 </h3>
333 <ul>
334 <li>
334 <a
href="https://www.thefosteringnetwork.org.uk/advice-information/looking-after-fostered-chi
ld/delegated-authority" target="_blank" rel="noopener">
334 The Fostering Network's tool-kit for supporting good practice around delegation of
authority to foster carers
334 </a>
334 -
334 <span class="bold">
334 Note: the Decision Support Tool is available to members only
334 </span>
334 ;
334 </li>
335 <li>
335 <a href="http://www.gmc-uk.org/guidance/ethical_guidance/children_guidance_index.asp"
target="_blank" rel="noopener">
335 General Medical Council guidance on consent for children
335 </a>
335 ;
335 </li>
336 <li>
336 <a
href="https://www.bma.org.uk/advice-and-support/ethics/children-and-young-people/children-
and-young-people-ethics-toolkit" target="_blank" rel="noopener">
336 British Medical Association Children and Young People Ethics Toolkit
336 </a>
336 .
336 </li>
337 </ul>
338 </div>
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