Barnet Fostering Service

Guidance Re Standard of Care Investigations

Introduction

Arrangements for approving, training, supervising and supporting foster carers are intended to ensure that the children they look after are provided with the very best care to enable them to meet their potential. Robust safer recruitment mechanisms are also in place to ensure that foster carers are individuals suitable to work with children. The majority of carers meet these expectations and provide excellent standards of care. However a process is required for dealing with situations were concerns are raised about a carers practice and this guidance sets out these arrangements within Barnet. Where carers are subject to either a direct allegation or more general concerns arise this needs to be addressed within a fair, transparent and timely process and clear conclusions drawn which are communicated to all concerned. This will enable the identification of carers where there is evidence to suggest their approval should be reviewed and potentially terminated as well as providing clarity where concerns are not upheld and the allegations are not supported by evidence.

This guidance is intended for both those working within the fostering service and foster carers themselves.

The Legal Framework and Other Guidance

The following documents are relevant in relation to the management of allegations and concerns regarding foster carers.

  • Working Together to Safeguard Children: A Guide to Interagency Working to Safeguard and Promote the Welfare of Children 2010 (Pages 199 and 356).
  • The London Child Protection Procedures ( Page 441).
  • The Children Act 1989 Guidance and Regulations Vol. 4: Fostering Services 2011(England).
  • National Minimum Standard 2011 for Fostering.

In addition the following documents should be read in conjunction with this document and are appended in PDF format:

  • Protecting Children - Supporting Foster Carers: Dealing with an Allegation DCSF 2009
  • Managing Allegations and Serious Concerns about Foster Carers Practice or Standards of Care – A Guide for Fostering Services produced by the Fostering Network 2006

Thresholds

Working Together sets out the requirements to consult the Local Authority Designated Officer where it is alleged someone working with children has

  • Behaved in a way that has or may have harmed a child
  • Possibly committed a criminal offence against or related to a child
  • Behaved towards a child/ren that indicates they may be unsuitable to work with children

In Barnet the LADO is Shrimatie Bissessar, and she can be contacted via the Investigations Officer on 0208 359 6056.

The role of the LADO is to provided an initial evaluation in relation to allegations and to consider and give advice regarding the following pathways

1.An allegation of a crime – to be investigated by the police

2.A child protection concern – to be investigated by children’s services

3.A disciplinary issue – to be investigated by the employer of the staff member under disciplinary/regulatory procedures eg this standard of care process for foster carers

4.A complaint – to be handled under the complaints process

The LADO must also monitor progress of individual cases for timeliness, thoroughness and fairness and general issues arising from this area of work are fed back to Barnet’s Safeguarding Children Board via an annual report.

Some allegations are so serious they require immediate referral to the police or children's social care however even less serious allegations require consideration by someone independent. In practice this means many concerns or allegations regarding a foster carers standard of care will require referral to the LADO for consideration even if the LADO refers the matter back to the fostering service under pathway 3 above without taking any other action.

Where a referral does meet the threshold for a police or social care (S47) investigation the London Child Protection procedures details the actions to be followed. A standard of care investigation may run alongside these other strands or follow after they are concluded but advice must be sought from the LADO regarding when and if to commence a standards investigation.

In other circumstances where the police and social care are not involved the standard of care investigation may be the only means to consider the allegation and form a conclusion about it.

Principles of Good Practice

Management of standard of care investigations rests with the fostering service and should be overseen and managed by the fostering team manager.

It is essential that these investigations are timely and fair in the manner in which they are conducted and that foster carers are fully informed of allegations or concerns about them and given the right of reply.

Information about the concerns and the conclusions formed at the end of the process should be given to carers in writing and they should be informed of their right to independent support* (typically this can be through the Fostering Network or through a buddy) and if they wish to seek their own legal advice.

* Specified in the NMS (22.9)

Foster carers should be provided with this guidance as well as the DCSF document listed on page 1.

The supervising social worker or a substitute should continue to provide a link between the service and the foster carer throughout this process.

The fostering team manager in conjunction with the Head of Service should consider the need to suspend the carer from taking further placementsand inform the carer of this in writing as well as any other restrictions to their approval.

There should be clear arrangements in relation to the provision of fostering payments during the process of the investigation if children are removed from the placement.

Other Local Authorities who have children in placement will need to beupdated at each stage of the process.

Whilst the LADO may offer advice regarding risk to or harm suffered by children it is not appropriate for the LADO to take part in a standards investigation process or the decision making around a foster carers approval.

The Investigation Process

Serious concerns about a foster carer’s standard of care or practice should be viewed as resembling a disciplinary and capability procedure that would be in operation if the foster carer had employment status with LB Barnet. However foster carers are not employed by LB Barnet (they are self employed). The question of a foster carer’s suitability to foster in relation to the nature of the care they are able to offer and the quality of their practice is governed by The Children Act 1989 Guidance and Regulations Vol. 4: Fostering Services 2011(England) and expectations around functioning to the National Minimum Standards (NMS) 2011.

All standard of care concerns need to be addressed within an investigative process, testing out the weight of the evidence and forming a conclusion. In some cases the information required to do this will be already or quickly available and where the concern is straightforward it may be possible for the fostering manager to form a conclusion without the need for a meeting. However a record of the evidence considered and the thinking behind any decisions made should be recorded.

However where an investigation is likely to be complex or there are multiple or other historic concerns (even if unfounded) then a meeting should be called. A template for recording of a standard of care meeting is in Appendix 1.

Barnet may appoint an Independent Social Worker to ensure that the SoC investigation is completed in a timely manner.

At the conclusion of an investigation a record must be kept on the fostering file of all allegations/concerns and a copy given to the carer. A template for recording these is available in Appendix 2.

With respect to references, unsubstantiated, unfounded and malicious allegations should not be included in future references (Guidance and Regulation Vol 4: Fostering Services 3.78 – 3.79)

The investigation of any standard of care concern must involve consideration of the following possible sources of evidence

  • The foster carers file, back files and Form F assessment
  • The safer recruitment process undertaken ie DBS, references and other measures undertaken
  • The outcome of any previous concerns/allegations even if followed up by another fostering agency
  • The drawing up of a chronology – highlighting patterns specific to the concerns and carer’s functioning.
  • The wishes, feelings and views of fostered children and their parents
  • The views of Children in Care social workers and other professionals
  • The views of the foster carer themselves and their response to the allegation/concerns
  • Information about both negatives (difficulties / weaknesses) and positives in respect of the carer’s functioning and practice.

Discussions with foster carers should take place face to face and they should be afforded right of reply in relation to all matters under investigation. Where it is believed that sharing details of an allegation might for example put a young person at risk then advice should be sought from the LADO.

It is crucial that the investigation distinguishes between matters of fact and opinion and that evidence is provided to support any assertions made. This means looking at source evidence within this process and not relying on 3rd hand accounts which may contain distortions.

The person investigating the allegation should produce a report to a final meeting to conclude the investigation and make findings. If the concern is upheld this may result in a number of possible options being considered:

  • Does the outcome constitute a change in foster carer’s circumstance? If yes there needs to be an annual foster carerreview convened with clear recommendations made regarding the carers approval. This review needs to return to the fostering panel to update thepanel and share recommendation from review.
  • The fostering service will need to consider if the carer can continue to foster with appropriate support eg specific training to improve on skills / knowledge or additional support via supervisory sessions, mentoring from another foster carer etc. There needs to be a specific timescale set for such training to be prioritised and undertaken.
  • Following on from the above the foster carer’s next annual foster care review must be returned to panel to update the panel with regards to the standards concerns, detailing if improvements in practice have been seen since support has been offered. There needs to be a clear recommendation to the fostering panel regarding the carers approval.
  • The fostering service will need to consider if there is sufficient evidence that the foster carer is not suitable to continue fostering and that their approval should be reviewed. In this situation the annual foster carer review is brought forward and a clear recommendation around deregistration is made. The review has to detail which standards are breached and clear evidence must be provided. The matter will then be taken back to the fostering panel.
  • It is intended that most SoC investigations will take place and conclude within a 28 day window, but this may take longer depending on the circumstances and nature of the concerns.

Following an Investigation

If a foster carer’s approval is terminated then an Ofsted notification should be completed by the fostering service.

Foster carers should be offered the chance to de brief following the investigation by way of a meeting which should not re run the investigation but allow them to share their experience of the process and indentify any further support they or their family might need.

The fostering service should also review the circumstances of the case and the investigation process to establish if there are any lessons to be learnt in terms of practice or process.

Appendix 1

Standard of Care Meeting Template

Appendix 2

Case summary Form

Appendix 3

  • Protecting Children - Supporting Foster Carers: Dealing with an Allegation DCSF 2009
  • Managing Allegations and Serious Concerns about Foster Carers Practice or Standards of Care – A Guide for Fostering Services produced by the Fostering Network 2006

Marcia Clarke/Liz Shaw March 2012.

Updated April 2016 (ADM)

1

Standard of Care Investigation Guidance MC LS 2012