Allegations/Complaints Against Foster Carers

This section of the procedure relates only to allegations of Significant Harm against foster carers, not complaints (for example about standards of care, non- performance or non cooperation with agreed tasks) or any other criminal allegation against foster carers. Procedures for investigation of complaints against foster carers are dealt with under a separate procedure contained within this document at 'Section B'.

Children in foster homes may be subject to Significant Harm. Such children may have been placed there by Walsall Children's Services or by another local authority, or they are the children of the Foster Carers themselves, or related to the foster family, a family friend, neighbour or stranger. These procedures will also apply to any adult members of the foster carers' family resident within the household.

In these circumstances, the needs of not only the child who has allegedly been subject to Significant Harm, but also all the children in the household must be of first consideration.

The procedure for investigating alleged Significant Harm by a Foster Carer is slightly different from other Child Protection Enquiries in that there is a contractual agreement between the Foster Carers and Walsall Council, which has obligations towards them. Thus, consideration has to be given to supporting them throughout, but this must not affect the thoroughness of the investigation and assessment. The support to foster carers should be offered by some one independent of the Authority (see Appendix Note 1: Support for Carers During Allegations).

In all investigations involving foster children, a decision must be made regarding the point at which birth parents are informed of the allegations. This is particularly important if a child is accommodated under Section 20.

When Walsall foster carers live in another Local Authority, the Local Authority in which they reside must be informed of the allegation. There should be co-operation between the Local Authorities in planning and carrying out the investigation (see Appendix 2: Allegations of Child Abuse against Foster Carers)

When the foster carers of another Local Authority reside in Walsall the same sharing of information and co-operation regarding the investigation should take place (see Appendix 2: Allegations of Child Abuse against Foster Carers).

Stage one (gathering Information)

All complaints and allegations concerning Foster Carers must be reported to the Children's Social Work Team that holds case responsibility for the child(ren) to whom the allegations refer.

At this initial stage, the Children's Team Manager and the Fostering Team Manager will discuss the referral and decide the next course of action.

Most usually the outcome of this discussion will be a decision to obtain further information, and an agreement as to how this is to be achieved and by whom. The Designated Person and the LADO will need to be consulted regarding the concerns and the course of action such as if the concern/allegation meets the LADO criteria for involvement and a written LADO referral is required. All the LADO documents, reporting form, flow chart etc. are on the Walsall Safeguarding Partnership website:

Link to LADO information

Link to Webinars, Videos and Learning Events

The process of gathering information will necessarily involve informing and liaison with responsible social workers and/or their line managers for any other looked after children within the foster placement.

Similarly, consideration will need to be given to any children of the foster carers residing within the foster home.

Following the initial gathering information stage there will usually be three options:

1. No Further Action;
2. Immediate protection;
3. The need for a Strategy Discussion/Meeting.

There may be circumstances where the available information indicates an immediate risk to the life of a child or the immediate likelihood of serious harm. Urgent action should be taken by Children's Services most usually in consultation with the Police and senior managers. Where immediate action has been taken a Strategy Discussion/Meeting should take place as soon as possible to discuss and plan the next steps. To also ensure support is available to the person the concern/allegation is made against.

Child protection response must be prioritised. A Strategy Discussion/Meeting should take place where there is reason to suspect that a child is at risk of Significant Harm, and, on the basis of the available information a Section 47 Enquiry likely to be necessary. This Strategy Discussion/Meeting must take place between Police, the Children's Team Manager responsible for the child making the allegation and the appropriate Fostering Team Manager; it will plan the investigation, which will follow normal Child Protection Procedures (see Strategy Meeting/Discussion Procedure in the Regional Child Protection Procedures). Information regarding other children in the foster placement must be available at this point and efforts made to alert the appropriate teams of a planned investigation.

No foster child should be interviewed without consideration with those who have Parental Responsibility.

If, based on the outcome of the interview with the complainant, other children will need to be interviewed; good practice would suggest that the same interview team be used. This would then provide consistency and avoid delay. The foster carers supervising social worker has to be an integral part of the planning process as they will usually be the source of the most up to date information regarding the foster carer.

The relevant Children's Team Managers must consider, based on the information available, what action they will take regarding the continuation of their child's placement. Any proposal to remove a child should be based on the potential risk to which the child may be vulnerable, balanced against the damage, which may be caused by removing a child in haste. If a child is accommodated, the views of those with Parental Responsibility must be sought and taken into account.

Any proposals to move a child in these circumstances must have the approval of the appropriate Group Manager.

As with any investigation under the Child Protection Procedures, consideration must be given to the safety of all the children in the household, including the foster carers' own children (if any).

A decision needs to be taken as to the continued use of the foster carers whilst the investigation proceeds. This is the responsibility of the relevant Fostering Team Manager in consultation with the Group Manager.

Where the investigation either substantiates Significant Harm or where the likelihood of Significant Harm cannot be ruled out, the decision to convene a Position of Trust (POT) Meeting is made in consultation with the LADO by the Designated Person and with the Children’s Team Managers. (even if at the point of notification this was not the agreed action).

A POT meeting chaired by the LADO will take place for more serious concerns:

• The individual about whom there are concerns are not invited to this meeting;
• The POT meeting does not replace a strategy discussion, which should have taken place as appropriate;
• It is important that the views of the child who made the allegation/raised the concern or children, whose views may be important, are clear.

The LADO can advise on what information you may need to present at a POT meeting.

All attendees of a POT Meeting must attend any follow up Review POT meetings to evaluate the information and form a joint view to be conveyed to the Fostering Panel.

The findings and recommendations of any POT Meetings may be included in the foster carer review.

Children's Services have a duty to continue to investigate even when the Police have withdrawn from the joint investigation.

If the decision is not to convene a POT Meeting, good practice would indicate that a foster carer's review still be held with a subsequent report to the Fostering Panel. However, the discretion to conduct a review in these circumstances will lie with the Designated Person and Managers of the Fostering Service. If a decision is made not to hold a specific review then a report on the process will be included in the next foster carers annual review report to the fostering panel - see Annual Reviews and Termination of Approvals Procedure.

Where there is a POT meeting, the process will be concluded by a Foster Carer Review meeting. A manager in the Fostering Service will independently chair this meeting and a report submitted to the Fostering Panel. Wherever possible this report will be shared in full with the foster carers who may make their own contribution. There may be instances where "third party" information has to be withheld and this will be indicated in the report. The report must make a clear recommendation to the Fostering Panel. The Fostering Panel will have to consider whether, in the light of a recommendation, the carers should continue to be approved. If the decision is that they should not, they have the right to make representations or refer the matter to an Independant Review. (see Appendix 3: Notifications)

These procedures relate only to those complaints that do not involve child protection concerns. Most usually fall into the categories of standards of care, practice conduct concerns, non-performance or non-cooperation with agreed tasks. Some complaints may be via the Corporate Complaints procedures, in which case those procedures will be followed.

See Complaints and compliments.

It is possible that, at any stage of the process, issues of a child protection nature may arise. In this case the procedure for Part A: Allegations or suspicions of Significant Harm, must be followed.

All complaints concerning foster carers must be reported to the Fostering Service and the Children's Team who hold case responsibility for the child(ren).

Upon the receipt of information, the Children's Team Manager and the Designated Person/Fostering Team Manager will discuss and decide the next course of action.

Usually the outcome of this discussion will be to obtain further information, and an agreement as to how this is to be achieved and by whom.

It is possible at this early stage that a decision may be made to speak directly with the complainant.

If the complainant is a child in the foster placement, then consideration must be given to the child's age/understanding. As well as, the nature of the complaint and the possibility that the complaint may at some future stage involve child protection concerns which may lead to a subsequent investigation by the Police, and the possible need to inform and seek the permission of any person with Parental Responsibility.

The foster carers' supervising social worker must be advised and kept informed of developments.

The Designated Person/Fostering Team Manager will decide, based upon the nature of the complaint, whether or not the foster carer should be available for further placements.

When the respective Team Managers, are satisfied that they have all of the available information, they can decide, in discussion how best to attempt to resolve the complaint.

Clearly, if the complaint is of a relatively minor nature then it will usually be sufficient for a visit to the foster carer either separately or jointly by the Children's social worker and/or the supervising social worker.

The purpose of the visit is to ascertain the foster carers' perspective and, if appropriate, to seek an agreement that may potentially resolve the complaint to the satisfaction of the complainant.

The respective Team Managers will decide how the proposed resolution will be fed back to the complainant.

The outcome of the visit will be recorded on Mosaic.

Where the complaint is resolved in accordance with the above, it will not be necessary for a dedicated foster carer review to be convened. However, a summary of the complaint must be available for the foster carer annual review.

In all circumstances where the complainant is a child or young person, consideration should be given to the appointment of an independent advocate for the child, to ensure their voice is heard.

The respective Team Managers may decide to convene a Strategy Meeting if one of the following circumstances apply.

1. The complaint appears so serious that it may bring into question the possible removal of the child(ren) or the de-registration of a foster carer;
2. Where there has been non-cooperation on the part of a foster carer in an attempt to reasonably resolve the complaint;
3. Where there has been other repeat complaints or a pattern of complaints involving the same child or carer;
4. Where it has not been possible to obtain relevant information and a meeting would assist this;
5. Complex complaints involving a number of carers or children;
6. Failure to agree a resolution either between the Team Managers or the foster carers.

The strategy meeting (complaints against foster carers) will be chaired by either the Fostering or Children’s Team Manager and will be attended by Council workers only. The meeting will examine the nature of the complaint and any information available. It will be the responsibility of this meeting to attempt to devise a solution for resolving the issue at this stage.

The Strategy Meeting (Complaints against foster carers) will:

1. Collect and exchange information;
2. Co-ordinate any pursuing action;
3. Look at issues around support of the complainant;
4. Look at issues around support to the foster carers.

Depending on the outcome of the meeting:

• NFA;
• An action plan/working agreement to resolve the presenting issue;
• A further Strategy Meeting;
• A POT meeting;

A decision will be taken about whether to hold an immediate annual review.

Where there is a serious allegation or complaint the Authority will offer independent support to the foster carer(s). This does not mean that the foster carers established support networks would withdraw. The supervising Social Worker may continue to be the first choice for the support needs of the carer(s) if this is the wish of the foster carer(s).

The following are examples of the different Roles of the Independent Support Worker and the Supervising Social Worker during allegations.

Independent Support Worker/Helpline Role:

• To provide emotional support to carers and birth children, to allow them to share fears and anxieties both before, during and after investigation;
• To help communicate and record the carer's point of view;
• To ensure that carers understand the procedures under which they are being investigated;
• To keep carers informed about the progress of the investigation and convey information to carers (that has been agreed as appropriate to share) in the strategy meeting;
• To advise carers of their rights and facilitate access to professional help such as the Fostering Network, legal advice and also the right to information;
• To agree at the very outset of an allegation/ complaint that carers are properly informed of the process and the outcome of the investigation. Provide the Team Managers and Fostering Team with a running record of contacts made during the period, i.e. dates of home visits, telephone calls, contacts with professionals involved etc. to be agreed at the outset.

Supervising Social Worker Role:

• To liaise with those involved in the child protection enquiries, attend strategy meetings and POT meetings (along with their Team Manager);
• Liaise with the independent support worker so that they can keep the carer informed about the progress of the enquiries;
• The information shared with the carer will only be what is agreed by the members of the strategy meeting or POT meeting;
• The social workers for any children placed will continue to provide support for them;
• The supervising social worker will continue to provide support over issues not relating to the allegation. This may be of a limited nature whilst an investigation is ongoing.

Children who are placed in a Local Authority that is not the looking after or registering authority.

For example:

Child Looked After by Walsall Council placed with foster carers who reside within another Local Authority but who are approved by Walsall Council.

Foster carers approved by another Local Authority residing in Walsall Council.

Child Looked After by Walsall Council who is placed with foster carers approved by another Local Authority either living within Walsall Council or not.

In all of these circumstances, the following principle applies:

The Local Authority in whose area the child is found, in circumstances that require emergency action, is responsible for taking that action. If the child is looked after by, or the subject of a Child Protection Plan in another authority, the first authority should consult the authority responsible for the child. Only if the looking after or local authority responsible for the Child Protection Plan explicitly accepts responsibility is the first authority relieved of the responsibility to take emergency action. Such acceptance should be confirmed in writing.

In principle then, it is the Local Authority where the child resides that has responsibility in those circumstances that require emergency action.

It is the responsibility of the Children's and Fostering Team Managers, to decide who will inform and liaise with any other Local Authority involved in the investigation.

In practice there will be discussion and negotiation dependent upon the prevailing circumstances.

It is essential that Authority's work together cooperatively to ensure that any agreed mutual responsibilities are understood and confirmed in writing.

See also Allegations Against Staff or Volunteers in the Regional Child Protection Procedures.

In those circumstances where the approval of a foster carer has been terminated for misconduct, the fostering service provider will need to consider whether the foster carer's name should be referred to the Disclosure and Barring Service for consideration of inclusion in the Children's Barred List. In such cases, the Fostering Panel will be asked to form a view regarding this when making its recommendation regarding termination of approval.

Similarly, serious complaints against carers are notified to OFSTED where they are regarded as a serious childcare incident (Regulation 36 and Schedule 7 of the Fostering Services Regulations 2011 set out the arrangements for notifications in relation to specified events).

If a foster carer decides to resign during the investigation, the report is kept on file but not presented to fostering panel. Final paperwork would be collated from the foster carer’s file held by Walsall Council to inform any future references should the former foster carer apply to foster elsewhere.