Allegations Against Foster Carers

1. Policy

All children are entitled to the same level and standard of protection from harm including those receiving services from statutory or other agencies. For this reason, enquiries and investigations relating to children in receipt of such services must be dealt with under the Tees Safeguarding Children Partnership Procedures.

Allegations or suspicions that a foster carer has caused harm to a child will be investigated thoroughly, speedily and sensitively under those procedures and will involve open and honest communication with and support to all those affected.

It is important to note that, although there may be insufficient evidence to support a Police prosecution, this does not mean that action cannot be taken to protect a child nor that the termination of a foster carer's approval cannot be considered.

It should also be noted that it may be necessary to consider during an investigation what action, if any, should be taken with regard to any other children the foster carers have contact with, including their own children.

2. The Difference Between an Allegation of Harm and a Concern

It might not be clear whether an incident constitutes an 'allegation'. It is important to remember that to be an allegation the alleged incident has to be sufficiently serious as to suggest that harm has or may have been caused to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above).

Concerns that do not meet this threshold may constitute conduct or disciplinary issues and should be addressed using the appropriate organisational procedures.

Incidents which fall short of the threshold could include an accusation that is made second or third hand and the facts are not clear, or the individual alleged to have done this was not there at the time; or there is confusion about the account.

If it is difficult to determine the level of risk associated with an incident the following should be considered:

• Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
• Where the incident involved an inappropriate response to challenging behaviour, had the carer had training in managing this?
• Does the carer understand that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
• Does the child or family want to report the incident to the police or would they prefer the matter to be dealt with by the employer? (please note that if a child is injured, professionals have a duty to report this to the Police (crime) it is then the Police's decision to investigate and make a decision);
• Have similar allegations previously been made against the individual - is there a pattern developing?

Whether an incident constitutes an allegation and hence needs to be dealt with through these procedures, may need to be discussed with the LADO.

Concerns deemed to be of a low level will be discussed and addressed by the Fostering Service and recorded on the foster carer's case file.

Keeping Children Safe in Education (KCSIE), Part 4, Section 2 provides guidance for schools and colleges, which may be of wider interest when considering low-level concerns. Legal advice should be sought as necessary.

KCSIE provides that if there is any doubt as to whether the information which has been shared about a foster carer as a low-level concern in fact meets the harm threshold and thus should be treated as an allegation, the LADO should be consulted.

If it falls short of this threshold there may still be a role for the LADO to provide advice and support. Such a consultation process may allow for concerns to be evaluated objectively and to ascertain whether or not similar concerns may have been raised previously but not met the threshold for investigation. Whilst the LADO will only record the details of those allegations which appear to meet the threshold for consideration set out above, a record should be kept of any low level concern that arise in respect of a foster carer.

KCSIE provides that records should be reviewed so that potential patterns of concerning, inappropriate, problematic or concerning behaviour can be identified. Where a pattern of such behaviour is identified, a course of action should be decided upon, either through disciplinary procedures or where a pattern of behaviour moves from a low-level concern to meeting the harm threshold, it should be referred to the LADO. Records must be held securely and comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). It is recommended that records are retained at least until the individual leaves their employment.

More detailed guidance and case studies on low-level concerns can be found in Developing and Implementing a Low-level Concerns Policy (Farrer & Co.).

Where the matter constitutes a conduct or performance issue, the Manager should follow the appropriate disciplinary procedures and let the LADO know of the outcome.

3. Introduction

The expectation is that:

1. At the time of a child's placement, foster carers will be provided with detailed information as to the child's background and in particular the context of any abusive experiences of and/or previous allegations made by the child;
2. All foster carers will receive preparation, training and guidance to help them provide a safe environment for the child and all members of the foster family;
3. All foster carers will have received information about this procedure and the Tees Safeguarding Children Partnership Procedures;
4. All foster carers will be familiar with and adopt the procedures for regular recording of the progress of children placed with them, including any incidents or complaints, and understand that these procedures have been made to protect all those involved in the child's placement, particularly at times of high stress, and will provide important evidence if an allegation is made.

In addition, in relation to the Fostering Service, it is an expectation of the Fostering National Minimum Standards 2011 that:

• A senior manager within the Fostering Service is identified to be the Designated Person who liaises with the LADO in all cases to which this procedure applies and manages the allegations process;
• All staff within the Fostering Service are aware of the requirements of this procedure, including the role of the disclosure and barring service.

Five potential outcomes are possible in relation to allegations about foster carers:

• A Police investigation where a criminal offence may have been committed;
• A referral made to the appropriate social work team to undertake enquiries or assessment as to whether a child needs protection;
• Should the Police conclude that an investigation is not required by them, the fostering team may be required to undertake their own enquiries into the issues highlighted;
• Fostering service's procedures being followed to consider the need for an early review of the carer's ability to foster, the foster panel and agency decision makers view on the same;
• That no further action is being taken If a foster carer is involved in work paid or voluntary with children or they have birth children, this will also be given consideration as a part of the investigation process.

4. Procedure

4.1 Initial Action

Any person who receives information or suspects that a child has suffered or is suffering harm in a foster placement must immediately inform the child's social worker or their manager (or Emergency Duty Team if this occurs out of office hours).

On receipt of any such information, the child's social worker, or their team manager must immediately:

• Inform the Designated Manager/Service Manager of the concerns;
• Inform the Designated Officer in the local authority (LADO) within 1 working day;
• Inform the Supervising Social Worker;
• Refer the matter to Redcar & Cleveland Multi Agency Children's Hub (MACH).

The Supervising Social Worker will:

• Inform the Fostering Team Manager/Service Manager (Supporting Children and Young People Through Care) see Section 2, Introduction; and, in consultation with the designated senior manager;
• Inform the social workers for any other child in the placement;
• Inform any other local authority with an interest in the foster placement.

The relevant Assessment Team must implement the Tees Safeguarding Children Partnership Procedures in relation to the allegation/suspicion. They will gather relevant background information and convene a strategy meeting within 24 hours of the referral.

At this stage, the regulatory authority must be informed of the allegation/suspicion and the supervising social worker's manager must ensure that an invitation is sent to them to be represented at the Strategy Meeting (see Notification of Significant Events Procedure).

In exceptional cases where immediate action may be necessary to safeguard the welfare of the child, the child's social worker and their manager may decide to request that a new placement be identified. This decision should be based upon appropriate risk assessment.

4.2 Local Authority Designated Officer (LADO) Process

• The LADO takes responsibility for ensuring that any enquiry following an allegation is undertaken within a timely manner taking into consideration those parties involved;
• If the allegation is determined to have substance and is not considered false and that it is a concern that a child has or is likely to suffer harm, the LADO will refer the matter to the appropriate Children's Services team to complete a Strategy Meeting.

See: Tees Safeguarding Children Partnership Procedures.

4.3 Strategy Meeting

The Strategy Meeting should normally take place within 24 hours of the referral and will normally involve a face-to-face meeting. The purpose of the meeting will be to decide if an investigation is necessary and, if so, how it should be carried out. The following people will be invited:

1. The manager of the team undertaking the Section 47 Enquiry;
2. The child's social worker and their manager;
3. The Designated Officer in the local authority (LADO);
4. The Supervising Social Worker linked to the foster carer, and their manager (who will liaise as necessary with the designated senior manager within the Fostering Service - see Section 3, Introduction);
5. The police;
6. Any other agency involved with the child or foster family;
7. A representative from the Regulatory Authority.

The Strategy Meeting will operate under the Tees Safeguarding Children Partnership Procedures and must consider:

1. The nature of the allegation, its source and reliability;
2. Background information relating to the foster family, how long the family has been known, how many children have been placed there, the family's known strengths and weaknesses and any exceptional features about the child and the placement;
3. The involvement of other agencies, for example if the child was placed by another local authority;
4. The need to inform other agencies who use the foster home;
5. Who will notify the Regulatory Authority of the outcome of the meeting, if a representative is not present;
6. A referral to the disclosure and barring service for inclusion on the Children's Barred List. This should be considered whenever a carer is suspended from their duties;
7. The safety of all children in the household including the foster carer's own children and whether any action is necessary to protect the children including the removal of all or any of the children while the investigation is conducted;
8. How the needs of any child who has to leave the placement will be met including contact with other children in the placement;
9. How and by whom the investigation is to be conducted. (It is important that careful consideration is given to the planning of criteria when a joint investigation is recommended. In situations where the Police or Crown Prosecution Service recommend no further action then the social worker must interview the foster carers about all allegations and concerns. Interview notes must be taken and made available to future meetings and/or the Fostering Panel);
10. The time-scales for the investigation (see below) and any contingencies should timescales prove unlikely to be met;
11. How the child should be informed of the procedure to be followed and supported through the process;
12. Whether the alleged perpetrator should be asked to leave the home while the investigation is conducted
13. Clarity in relation to what information can be shared with the carers and how this is to be shared;
14. Informing the child's parents of the allegation and devising a 'communication strategy' to ensure they are kept up to date (where this is appropriate). Also to consider, depending upon the nature of the allegation, whether this impacts upon any contact arrangements that are in place (Note that where a child is accommodated under section 20 Children Act 1989, the local authority do not have Parental Responsibility);
15. Once informed of the decision what support to offer the foster carers;
16. How updates on the investigation will be shared with the foster carers and the child or children in the placement;
17. Whether further placements should be suspended in the meantime;
18. Arrangements for reconvening the Strategy Meeting.

More than one Strategy Discussion may be required to share information and plan any further enquiries required. Further strategy meetings / discussion/s must be held within 15 working days. If a Child Protection Conference is convened it must be held within 15 days of the Strategy Meeting which decided that a Section 47 Enquiry should be initiated.

Whether or not the Strategy Meeting considers that the allegation or suspicion has any foundation, the matter should be investigated unless there are exceptional circumstances, and the Regulatory Authority must be notified of the decision and the outcome.

The minutes of any Strategy Meeting must contain clear action points and clear time-scales for each action. The action points and timescales will be circulated immediately after the meeting. Actions agreed must be recorded and be the responsibility of named individuals.

Copies of the action points and the minutes should be held on the child's and the foster carer's records.

Any decision to take no further action following the Strategy Meeting must be clearly recorded by the decision-maker on the child's and the foster carer's records, and reported to the Regulatory Authority.

4.4 Investigation and Action

The actions agreed at the Strategy Meeting should be implemented by those responsible within the agreed timescales.

Unless there are circumstances when the details or nature of the allegation cannot be shared immediately, the foster carers should be advised of the allegation as agreed at the Strategy Meeting and of the process to be followed in the investigation, including the possibility that an initial child protection conference may be convened in relation to their own children.

Where considered appropriate by those at the Strategy Meeting, the foster carers should be given the opportunity to respond to the allegations before any final decision is made about necessary action to protect the child and other children in the household. Such protective action may include asking the person against whom the allegation has been made to leave the household while the investigation is conducted.

Any decision to suspend making further placements with the foster carer while the investigation is being conducted should be communicated in writing to the foster carer by the manager of the fostering service.

The Supervising Social Worker shall continue to hold case accountability for the support by the fostering service to this carer. This will continue regardless of whether independent support is also being provided. The Supervising Social Worker must contact the foster carers as soon as practicable after the foster carers are made aware of the allegation, and explain their role. They must inform foster carers on how they will be supported and paid whilst they are under investigation. The Supervising Social Worker shall give consideration to the support needs of any of the foster carer's own children resident within the foster home. This should be discussed with the foster carer regardless of whether the allegation by the child has been made against them.

They should confirm that the foster carers are aware of the following.

1. The contents of this procedure and the relevant Tees Safeguarding Children Partnership Procedures (carers should be provided with a copy of the procedures and these should also be provided to any Independent Support representative);
2. The address and contact telephone number of the independent agency identified to provide the foster carers support (FosterTalk);
3. Information regarding access to Legal Advice /consulting a solicitor;
4. Information on any insurance arrangements for legal expenses;
5. That whilst their role is the Supervising Social Worker’s role to support them, there will also be a duty to report back information to the Local Authority, and potentially the Police if information pertaining to any investigation, is brought to their attention.

Foster carers should be regularly updated by the Fostering Team Manager in relation to the timescale of the investigation.

What can be shared with the carers during the investigation will be considered by the Fostering team manager in consultation with the chair of the Strategy Meeting.

If an Initial Child Protection Conference is convened, the Conference Chair must be consulted in advance to discuss whether the foster carers should be invited to attend. In any event, the foster carers' views must be obtained for and communicated to the Conference.

Carer Fees and Allowances

The Supervising Social Worker / Team Manager must also make the carer aware of any potential financial impact on their fostering allowance;  this will include when a child is removed from their care:

• Allowances are paid for the care of a child and, if the child is removed from the household following an allegation, the allowances will be paid to the foster carer providing care;
• If foster carers are the subject of an allegation which requires the removal of young person in their care, a retainer (50% of the fee) can be paid for up to twelve weeks pending the outcome of the enquiry.

4.5 Concluding the Investigation

The social worker undertaking the investigation will prepare a report on the investigation and a copy will be provided to the foster carers and their representatives.

The Strategy Meeting will be reconvened to conclude the investigation. The same people will be invited and the same person will chair the meeting; the foster carers and their representative will be invited to participate as considered appropriate by the Chair.

The purpose of the final Strategy Meeting is to agree on the outcome of the investigation and responsibilities for any further action including reporting on the matter to the Fostering Panel and/or considering whether it may be appropriate to make a referral to the Disclosure and Barring Service for inclusion of the foster carers on the Children's Barred List.

Although this will always be envisaged as the final meeting, should new information come to light further actions may be required thereby necessitating the suspension and rescheduling of the meeting.

The Chair will notify the foster carers (if not in attendance), the child, the parents, other children in the placement or involved, other relevant agencies and the Regulatory Authority (if they do not attend the meeting) of the recommendations made at the meeting.

The meeting may wish to draw to the attention of Fostering Service certain areas of the foster carer's practice that should be reviewed and potentially considered by the Fostering Panel. The Fostering Team Manager will ensure that a Report is written to assess the areas of concern that have been identified and to consider the possible impact on carer’s approval. Clear recommendations upon any required actions should be identified within the Report. The report will need to be considered as part of an early Foster Carer Review. It is important that once the report is available it is shared with foster carers so that they have an opportunity to respond and to prepare for the Foster Carer Review. The IRO undertaking the Foster Carer Review will consider the Social Worker report as well as the carer’s written response and any additional information presented. Foster Carers are able to have a supporter or FosterTalk (FISS) Worker attend the Foster Carer Review if requested.

Following a Foster Carer Review, the IRO report and other documentation should be presented to the next available Fostering Panel. Prior to Fostering Panel, the foster carers and their representative should have seen, and had time to comment on the report being presented to the Panel. The Supervising Social Worker responsible for the supervision of the foster carers must liaise with the Fostering Panel Advisor who will advise on who should attend the panel meeting (usually the CSW, SSW, foster carer, Foster Talk representative). The procedure to be adopted for the Fostering Panel will be the same as for any other foster carer review - Review and Termination of Approval of Foster Carers Procedure.

All relevant documents in relation to the investigation, whatever the outcome, must be retained on the child's and the foster carer's records, a copy of which should be given to the carer.

The investigative process may conclude that there has been no harm experienced by the child but that other procedures may be identified as appropriate, for example, the complaints process.

Consideration should be given to holding a debriefing meeting for all involved as to the impact of the allegations and the investigation, whatever the outcome, and all necessary support should be made available as necessary.