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4.6.8 Allegations against Foster Carers

SCOPE OF THIS CHAPTER

This procedure applies where allegations are made or suspicions are raised that approved foster carers have caused Significant Harm to a child.

They should be read in conjunction with the London Child Protection Procedures


Contents

  1. Policy
  2. Introduction
  3. Procedure


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 principles, policies and procedures laid down by the London Child Protection Procedures.

Child Protection Procedures

Allegations or suspicions that a foster carer has caused Significant 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.

Clear timescales will be integral to the procedure and those involved must avoid delay unless there is good reason. There will be clarity regarding access to reports and documents relating to the investigation.

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 other children with whom foster carers against whom allegations are made have contact, including their own children.


2. 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 London Child Protection Procedures.
  4. All foster carers will be familiar with and adopt the procedures for recording on a daily basis 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 Independent Safeguarding Authority


3. Procedure

1. Initial Action

Any person who receives information or suspects that a child has suffered or is suffering Significant Harm in a foster placement must immediately inform the child's social worker.

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

  • Inform his or her Group Manager.
  • Inform the supervising social worker linked to the foster carer and his or her manager.
  • In appropriate cases, after a discussion between the social workers' managers, consult the child's social worker and their manager, and decide where the foster carer lives and decide whether the matter should be treated as a child protection matter or a concern about standards of care.
  • NB If there are serious and/or multiple referrals about standards of care it may be appropriate to refer this matter for a Strategy Meeting for a fuller investigation of the matter.
  • Where the matter is to be treated as a child protection matter, refer the matter to the social work team for the area where the foster carer resides.

The supervising social worker will:

  • Inform the designated senior manager within the Fostering Service - 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
  • Provide support to the foster carer

Where the manager for the child's social worker, in consultation with the Fostering Team and the Quality Assurance Team conclude that it is appropriate to treat the allegation/suspicion as a child protection concern, the social work team for the area where the foster carer lives will be responsible for implementing the Child Protection Procedures in relation to the allegation/suspicion.

In a situation where a Bromley in-house carer lives outside the borough, the Children's Services team for the area where they live should be contacted as above. In this eventuality the home authority may ask Bromley Children's Services to investigate the matter.

The responsible social work team will then complete an Initial Assessment and undertake any action required to protect the child or children involved in accordance with the London Child Protection Procedures. The team will also immediately request the Quality Assurance Team to convene a Strategy Meeting within 2 working days of the referral.

Any action to protect the child in question or other children should not be delayed because of the Strategy Meeting. Social workers should consult their line managers or a Reviewing Officer where they have concerns.

Prior to the Strategy Meeting the supervising social worker will complete a written notification of the allegation/suspicion, which must be countersigned by the manager of the Fostering Agency before being sent to the Regulatory Authority who should be invited to the strategy meeting.

2. Strategy Meeting

The Strategy Meeting will take place within 2 working days of the referral.

The purpose of the meeting will be to plan the investigation of the allegation/suspicion. The following people will be invited:

  1. The manager of the team undertaking the Initial Assessment
  2. The child's social worker and his or her manager
  3. The Local Authority Designated Officer (LADO)
  4. The supervising social worker linked to the foster carer, and his or her manager (who will liaise as necessary with the designated senior manager within the Fostering Service - See Section 2, Introduction)
  5. The Police Child Abuse Investigation Team
  6. Any other agency involved with the child or foster family
  7. A representative of the Regulatory Authority.
  8. A minute taker

The Strategy Meeting must consider:

  • The current allegation made and how it is to be investigated.
  • Whether there should be a concurrent police investigation
  • Any previous allegations or concerns about the foster carers and the outcome of previous investigations
  • Any previous allegations made by the child in question and the outcome of previous investigations
  • Whether the children should remain in placement whilst the investigation is carried out. This should be considered in the context of the best interests of the child.
  • The safety and well-being of other children living with, or having contact with the foster carers.
  • Support to be offered to the children in the family during the investigation
  • Who will inform the foster carers of this meeting
  • Who will support the foster carers through the investigation process
  • Contact and information to be given to the parents of the children concerned. How and when this should be done.
  • A referral to the Independent Safeguarding Authority for inclusion on the on the Children's Barred List. This should be considered whenever a carer is suspended from their duties

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 kept informed.

The Chair should complete a decision sheet at the end of the meeting summarising the actions to be taken and the date of the next meeting.

Copies of the decision sheet and the minutes should be held on the child's file and the foster carer's file.

3. Investigation And Action

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

If the person raising suspicions or making the allegation wishes to remain anonymous, these wishes should be respected.

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 Fostering  Group Manager.

Those supporting the foster carers must contact the foster carers as soon as practicable after the foster carers are made aware of the allegation, and explain their role to the foster carers. They must make clear their responsibility to report to the local authority, the Police and in some circumstances to the Court if any information relevant to the investigation comes to their attention.

They must inform foster carers on how they will be supported and paid whilst they are under investigation.

They must provide to the foster carers:

  1. A copy of this procedure and the relevant part of the London Child Protection Procedures.
  2. The address and contact telephone number of the Fostering Network and any other available Support Groups
  3. Advice about consulting a solicitor
  4. Advice about insurance arrangements for legal expenses

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.

4. Concluding The Investigation

The Strategy Meeting will usually be reconvened once an investigation has been completed. The same people will be invited and the same person will chair the meeting.

The purpose of the reconvened 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 Independent Safeguarding Authority for inclusion of the foster carers on the Children's Barred List. 

The Chair will write to the foster carer, informing them of the outcome of the investigation.

The child, the parents, other relevant agencies and the Regulatory Authority (if not in attendance) will also be informed of the decisions made at the meeting. The Chair and the child's social worker will agree the most appropriate way of informing the child and parents, and also who will notify the other agencies.

A report should be presented to the next available Fostering Panel, which should be held within 20 working days of the reconvened Strategy Meeting. This report may take the form of a Foster Placement Review in which case the Investigation and its outcome must be addressed.

The social worker preparing the report should consult with the Fostering Group manager and, who will advise on who should attend the Panel meeting (usually the child's social worker and the supervising social worker linked to the foster carers) and whether or not a special Panel meeting should be convened.

The procedure to be adopted for the Fostering Panel will be the same as for the Annual Review of Foster Carers Procedure.

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

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 any necessary assistance should be made available as necessary.

End