6.1.7 Allegations Against Foster Carers

1. Policy

This policy should be read in conjunction with the Northamptonshire Safeguarding Children Partnership Procedures Manual, Managing Allegations Against Adults who Work with Children Procedure, a process which is managed by the Designated Officers. In particular where the Designated Officer has made the decision that a Joint Evaluation Meeting should be convened.

The Joint Evaluation Meeting plans the response to the allegation against the adult and considers the Section 47 progress, the police investigation progress and any employer/disciplinary process.

In circumstances where the Strategy Meeting takes precedence, the primary focus will be the child, but it is necessary to recognise that information and judgements about the adult who is subject of the allegation may need to be made as soon as possible, so the Joint Evaluation Meeting can bring together all strands of the allegation inquiry.

Therefore, where decided appropriate, the Joint Evaluation Meeting and subsequent process may run concurrently with the Strategy Discussion and S47 Enquiries.

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 Northamptonshire Safeguarding Children Partnership's Inter Agency 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.

Historical allegation by children placed in foster carer should follow the same process as contemporary concerns. It will be important to ascertain if the person about whom the allegation is made is currently working with children and if this is the case, to consider whether the current employer should be informed (for example the foster carer could now work for an Independent Fostering Agency).

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?
• 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. 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 Northamptonshire Safeguarding Children Partnership's Inter Agency Procedures.
4. All foster carers will be familiar with and adopt the procedures (see Recording for foster carers policy) 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 Designated Officer (formerly 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.

4. Procedure

4.1 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 or their manager.

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

• Inform their team manager and Service Manager;
• Inform the Designated Officer in the local authority (DO) who will follow the required procedure, within 1 working day(see Northamptonshire Safeguarding Children Partnership Procedures Manual, Managing Allegations Against Adults who Work with Children Procedure);
• Inform the supervising social worker;
• Refer the matter to the relevant Assessment Team.

The supervising social worker will:

• Inform the designated senior manager within the Fostering Service - see Section 3, 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 Northamptonshire Child Protection Procedures Manual Procedures in relation to the allegation/suspicion. They will gather relevant background information and convene a Strategy Meeting within 2 working days 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 and Joint Evaluation Meeting, if one is to be held. (See Notifications 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.

4.2 Strategy Meeting

The Strategy Meeting will take place within 2 working days of the referral and will 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;
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 must consider:

The items below marked with (*) will also be discussed at, if not solely the responsibility of, the Joint Evaluation Meeting, if the Designated Officer decides that one should be held.

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 and confirmation that the Chair will inform the carers of the allegation verbally and then in writing;
13. 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);
14. (*) Once informed of the decision what support to offer the foster carers;
15. (*) How reports on the investigation will be shared with the foster carers and the child or children in the placement;
16. (*) Whether further placements should be suspended in the meantime;
17. (*) Arrangements for reconvening the Strategy Meeting and/or the Joint Evaluation Meeting.

Whether or not the Strategy or Joint Evaluation Meetings consider 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 both meetings must contain clear action points and clear timescales 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 from the Strategy Meeting should be held on the child's file and the minutes from the Joint Evaluation Meeting held with the foster carer's records.

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

4.3 Investigation and Action

The actions agreed at the Strategy Meeting and/or the Joint Evaluation 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 and Joint Evaluation Meetings 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.

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.

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

1. The contents of this procedure and the relevant Northamptonshire Child Protection Procedures Manual Procedures;
2. The address and contact telephone number of the independent agency identified to provide the foster carers support;
3. Information regarding consulting a solicitor;
4. Information on 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. (See Northamptonshire SCP, Child Protection Conferences Procedure).

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.

4.4 Concluding the Investigation

A Strategy Meeting may be reconvened to conclude the investigation just as there may be more than one Joint Evaluation Meeting.

The purpose of any further meetings will be 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 these may be envisaged as the final meetings, should new information come to light further actions may be required thereby necessitating the suspension and rescheduling of any further meetings.

In any event either the Strategy or Joint Evaluation meetings may wish to draw to the attention of Fostering Panel, certain areas of the foster carer's practice that should be reviewed and considered.

A report should be presented to the next available Fostering Panel. The social worker preparing the report should consult with the Chair of the Fostering Panel who will advise on who should attend the Panel meeting (usually the child's social worker and the supervising social worker for the foster carers) and whether or not a special Panel meeting should be convened.

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 procedure to be adopted for the Fostering Panel will be the same as for any other foster carer review - see Review and Termination of Approved Foster Carers Procedure.

In the event that the investigation finds no evidence of harm but there are concerns about standards of care, the matters should be dealt with separately.

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 significant harm experienced by the child but that other procedures may be identified as appropriate, for example, the standards of care review and or bringing annual fostering review forward.

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 all necessary assistance and support should be made available as necessary.