Allegations, Concerns and Standards of Care in relation to Foster Carers or Members of their Household

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 still need to be fully considered and will be managed through the Standards of Care Procedure.

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 foster carer had training in managing this?
• Does the foster 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?
• Have similar allegations previously been made against the individual – is there a pattern developing?

Any allegation or significant concern will be discussed with the appropriate LADO by the Registered or Team Manager. 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. 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).

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

If it is agreed that the Supervising Social Worker should address the concerns directly, they will contact the foster carers and explain that a concern has been raised which will be recorded as Standards of Care. The Supervising Social Worker will meet with the foster carers to go through the concern and discuss fully. The full discussion and outcome should be recorded on the carers file with any recommendations provided to the foster carers in writing. This will then be jointly monitored between the Supervising Social Worker and Team Manager.

If it is agreed that a Standards of Care Meeting is required, the Team Manager will contact the foster carers and explain that a concern has been raised. This is usually when concerns have been addressed by the Supervising Social Worker but no improvement has been made, or the concerns are more significant and need to be addressed more formally.

The foster carers will be made aware that the concerns will be recorded as Standards of Care and that a meeting will need to take place to discuss the concerns fully.

The full discussion and outcome should be recorded on the carers file with any recommendations provided to the foster carers in writing and may include the implementation of a working agreement between the agency and the foster carers. This will then be jointly monitored between the Supervising Social Worker and Team Manager.

If it is agreed that there are serious significant concerns, there will be an internal investigation conducted as follows:

Where possible and appropriate an external investigator will undertake any investigations of foster carers that are required. This is to ensure that the investigation is thorough, impartial and allows Children Always First to support and maintain the professional relationship with the foster carer. Where it is not possible or appropriate to secure an independent external investigator, these same standards will be applied.

The allocated supervising social worker will complete Section 1 of the investigation report, including a full chronology, and provide this to the Designated Person. The Designated Person will liaise with the external investigator and provide this information for the investigator to complete Section 2 of the report with recommendations in relation to the foster carers continued approval with Children Always First. Once complete, a copy of the final report will be provided to the foster carers and their representatives. Senior Managers including the Registered Manager and the Responsible Individual will meet to discuss the findings and recommendations from all investigations and agree a way forward.

Where an investigation is necessary, the foster carer will receive written notification, including information on:

• The substance of the concern;
• Who will be involved in investigating;
• The process and time-scales;
• Who will be informed or interviewed;
• The right of the foster carer to independent advice and support throughout the process and details of where this can be obtained;
• Financial arrangements, including any temporary variation in the Foster carers terms of approval;
• Decisions about children currently in the placement and reasons for them;
• Any temporary variation in the foster carers' terms of approval.

The supervising social worker will ensure that the foster carer has access to appropriate independent support and will seek to support the carer throughout the process (see Section 6, Support for Foster Carers).

At the conclusion of an investigation:

1. The number of issues that are recorded will be monitored carefully by the Team Manager;
2. Those responsible for the welfare of any children involved will need to consider whether any changes need to be made to their plans;
3. The foster carers should be informed clearly in writing of the outcome of the investigation at this stage, even if further consideration is necessary, i.e. even if it is only an interim response;
4. The investigation will provide recommendations regarding the continued approval of the foster carers;
5. There will be an early annual review held that will be presented to Panel (see Review and Termination of Approval of Foster Carers).

The Registered Manager must be informed immediately where there is any allegation or concern that a foster carer has:

• Behaved in a way that has harmed a child, or may have harmed a child;
• Possibly committed a criminal offence against or related to a child;
• Behaved towards a child or children in a way that indicates they may pose a risk of harm to children;
• Behaved towards a child or children in a way that indicates they are unsuitable to work with children.

At this point, it will be decided which member of the management team will act as Designated Person.

On receipt of any information relating to an allegation or suspicion of harm, the Designated Person must:

• Inform the LADO for the area in which the foster home is located within 1 working day; and
• If the concern relates to a foster carer, inform the child's allocated social worker, the carer's Supervising Social Worker and Ofsted.

The Supervising Social Worker in the fostering service will:

• Inform the social workers / team manager for any other child in the placement;
• Inform any other local authority with an interest in the foster placement.

The Designated Person must follow the local Multi-Agency Safeguarding Children Procedures (in the area the foster home is located) in relation to the allegation/suspicion. A clear and comprehensive summary of the allegation should be made including details of how the allegation was reported and actions taken.

At this stage, Ofsted must be informed of the allegation/suspicion and the action taken. The responsible Local Authority should convene a Strategy Meeting within 2 days to consider the immediate safety of the child/ren with the home.

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 a new placement should be identified for the child in question and other children placed in the household (Note this may be with an alternative fostering agency).

The LADO responsible for the area in which the concern arose would be responsible for convening the Position of Trust Meeting.

This meeting will:

• Consider whether any parallel disciplinary process should take place and agree protocols for sharing information;
• Consider the current allegation in the context of any previous allegations or concerns;
• Consider 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;
• Explore, how the needs of any child who has to leave the placement will be met including education, contact with other children in the placement, etc.
• Plan enquiries if needed, allocate tasks and set timescales;
• Consider the involvement of other agencies, for example if the child was placed by another local authority;
• Look at the need to inform other agencies who use the foster home (possibly including previous placements);
• Confirm the time-scales for the investigation (see below) and any contingencies should timescales not be met;
• Explore how the child should be informed of the procedure to be followed and supported through the process;
• Evaluate whether the alleged perpetrator should be asked to leave the home while the investigation is conducted and confirmation of who will inform the carers of the allegation verbally and then in writing;
• Consider how to inform the child's parents of the allegation and the nature/detail of information;
• Identify how the foster carers will be supported;
• Clarify whether further placements should be suspended pending the outcome of the investigation;
• Make recommendations on whether additional monitoring/visiting requirements by children's social workers are recommended;
• Agree arrangements for reconvening the Position of Trust Meeting.

The following people will be invited to the meeting:

• A manager from the local authority Children's Social Care Service who will carry out any Section 47 Enquiry;
• The child's social worker and their manager (placing authority);
• The Designated Person from the Fostering Agency (unless information identifies there are implications/concerns about the agency itself);
• The Supervising Social Worker linked to the foster carer(s), (if the allegation relates to a foster carer - unless information includes implication/concerns about the agency);
• The Police;
• Any other agency involved with the child or foster family.

The minutes of the 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 foster carer's records. A summary should be placed on the child's record.

Any decision to take no further action following the meeting must be clearly recorded by the decision-maker on the child's and the foster carer's records.

The actions agreed at the Position of Trust meeting should be implemented by those responsible within the agreed timescales.

The foster carers should be advised of the allegation as agreed at the meeting and of the process to be followed in the investigation, including the possibility that a Child Protection Conference may be convened in relation to their own children.

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 Designated Person or the Registered Manager.

It should be confirmed that the foster carers are aware of the following:

• The contents of this procedure and the relevant local Multi-Agency Safeguarding Children Procedures;
• The address and contact telephone number of the independent organisation identified to provide the foster carers support;
• Information regarding consulting a solicitor;
• Information on insurance arrangements for legal expenses.

Where possible, and appropriate an external investigator will undertake any investigations of foster carers that are required. This is to ensure that the investigation is thorough, impartial and allows Children Always First to support and maintain the professional relationship with the foster carer. Where it is not possible or appropriate to secure an independent external investigator, these same standards will be applied.

The allocated supervising social worker will complete Section 1 of the investigation report, including a full chronology, and provide this to the Designated Person. The Designated Person will liaise with the external investigator and provide this information for the investigator to complete Section 2 of the report with recommendations in relation to the foster carers continued approval with Children Always First. Once complete, a copy of the final report will be provided to the foster carers and their representatives. Senior Managers including the Registered Manager and the Responsible Individual will meet to discuss the findings and recommendations from all investigations and agree a way forward.

Keeping parents informed

The Local Authority for the child/ren would usually inform the parents of the allegation and the process that is being followed unless this will be detrimental to the welfare of the child (where the council holds parental responsibility) or impede the disciplinary or investigative processes. In some circumstances, the parent/s may need to be told straight away (e.g. if a child is injured and requires medical treatment).

The parent/s and the child, if sufficiently mature, should be helped to understand the processes involved and be kept informed about the progress of the case and of the outcome where there is no criminal prosecution.

The Position of Trust Meeting can be reconvened to conclude the investigation. The same people will be invited and the same person will chair the meeting (usually the LADO).

The purpose of the final 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 a referral to the Disclosure and Barring Service is required.

Note: as a 'regulated activity supplier', there are certain circumstances where Children Always First have a legal duty to refer information to the DBS.

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 meeting should agree who will notify the foster carers, 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 outcome of the investigation.

In any event, the meeting may wish to draw to the attention of Fostering Panel members certain areas of the foster carer's practice in need of their close consideration. 

If a meeting is not required, Children Always First will formulate their own outcome from the investigation findings and make a recommendation on the foster carers continued suitability to foster.

Outcomes of investigations

An early review will be completed (see Review and Termination of Approval of Foster Carers Procedure). The reports from this will be presented to the next available Panel with the Investigation Report. Where appropriate, consideration should be given to additional supports, or work undertaken with the foster carers, identifying any additional training needs, etc.

Prior to the Fostering Panel, the foster carers and their representative should have seen, and had time to comment on all documentation that is being presented to the panel. The procedure to be adopted for the Fostering Panel will be the same as for any other foster carer review - see 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 foster carer's records. A summary should be held on the child's record.

Consideration should be given to holding a debriefing meeting and/or Clinical Guidance 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.