Private Fostering

A private fostering arrangement is one that is made privately (that is without the involvement of a local authority) for the care of a child under the age of 16 (or 18 if disabled) by someone other than a parent or close relative with the intention that it should last for 28 days or more. Private foster carers may be from the extended family such as a cousin or great aunt. However, a person is a relative under the Children Act 1989 if they are a grandparent, brother, sister, uncle or aunt (whether full blood or half blood or by marriage) or stepparent will not be a private foster carer. A private foster carer may be a friend of the family, the parent of a friend of the child, or a person previously unknown to the child's family who is willing to privately foster a child.

On other occasions a parent may arrange for a child from overseas who are being educated in the United Kingdom to be cared for by friends or family or a 'host' family during weekends and school holidays. These arrangements may constitute Private Fostering if they are to be more than 28 days during a year and are not with relatives as defined in the Children Act 1989.

Guardianship organisations who make arrangements with 'host' families to enable a child to attend educational establishments without boarding facilities have a duty to notify Children's Services in the area that the 'host' family lives if the arrangement is intended to last for more than 28 days. Cumberland Council key relationship is with the Private foster Carer in these circumstances and not the Guardianship organisation.

When an organisation arranges for a summer school where children are to stay either at the school or with a host family for 28 days or more this constitutes a Private Fostering Arrangement and Cumberland Council should be notified.

Children attending language schools, that are cared for by a 'host' family for a period of 28 days or more are also regarded as privately Fostered and Cumberland Council should be notified.

Children can come into United Kingdom on cultural exchanges arranged by their schools and in these circumstances, children often stay with a 'host' family and these arrangements if they are to last longer than 28 days come under the remit of private fostering. The schools arranging these visits should formally notify Children's Services in the area where the 'host' family resides prior to the arrangement starting.

Children who come to the United Kingdom to access medical treatment and are sometimes unaccompanied by their parent or a carer with parental responsibility. Parents or other organisations may have arranged for the child's care in circumstances which constitutes private fostering, the parent, the placing organisation or the health authority have a duty to notify Cumberland Council.

When a notification is received in relation to any of the above circumstances, the Cumberland Private Fostering procedures should be followed as for any other Privately Fostered child. The organisations arranging for children to reside in Private Fostering arrangements have a duty to inform the local authority of the ending of the arrangement and where the child has moved to.

A child who is cared for by the local authority and living in a residential home, foster family, hospital or school is excluded from the definition. In a private fostering arrangement, the parent retains Parental Responsibility.

The parent, prospective private foster carer or any agency/ professional who is aware of a proposed Private Fostering Arrangement or one where a child is already living has a duty to inform the local authority where the private foster carers reside. For arrangements within Cumberland notification is via the Cumberland Multi-Agency Safeguarding Hub. The notification should be made in writing at least 6 weeks before an arrangement begins. Where no prior notification of a placement is given in circumstances where a child may have moved in an emergency, private foster carers must notify the local authority of the arrangement immediately.

The person making the notification will be asked to provide the following information:

1. The name, gender, date and place of birth and address of the child;
2. The racial origin, cultural and linguistic background and religion of the child;
3. The names and address of the person giving the notice and any previous address within the last five years;
4. The name and addresses of the child's parents and any previous addresses within the last 5 years;
5. If different, the name and address of the person from whom the child was or is to be received;
6. The name and address of the private foster carers and any previous addresses within the last 5 years;
7. The name and address of any other person who is involved in making the arrangement;
8. The name and address of any siblings of the child who are under 18, and the current arrangements for their care;
9. The purpose and likely duration of the arrangement;
10. The intended date when the child is to move to live with the private foster carers or the date when the arrangement began.

In relation to notifications given by the private foster carer or proposed private foster carer, the following information should also be obtained:

• Any offence of which they or any other member of the household has been convicted;
• Any disqualification or prohibition (see Section 9, Prohibition and Disqualification) placed on them or any other member of the household;
• Any actions taken or orders made in relation to the private foster carer or any child who is or was a member of the same household.

Written notification must also be made to the local authority by the private foster carer within 48 hours of any change in circumstances, e.g. a change of address, a change in the household, a criminal conviction/disqualification or prohibition (see Section 9, Prohibition and Disqualification) in relation to any person in the household or any intention to foster another child privately.

Where notification is that the private foster carers have moved to live in the area of another local authority, the Social Worker must immediately pass to the new authority the name and address of the foster carer, the name of the child being privately fostered, the name and address of the child's parents.

Where notification is that the placement has ended, the Social Worker should ascertain the name and address of the person now caring for the child and their relationship with the child.

Parents also have a duty to notify the local authority in writing of the ending of the placement including the name and address of the person into whose care the child has moved.

Any agency that becomes aware of a private fostering arrangement must immediately notify the local authority in writing of the arrangement and must inform the parent and private foster carer of their intention to do so.

When the Cumberland Multi-agency Safeguarding Hub receive notification from any source that a child is privately fostered, they will complete the initial suitability screening and record this on the child's electronic record. The request for a Private Fostering Arrangement Assessment will be allocated to a social worker in the relevant area team.

The allocated Social Worker will the carry out the following initial tasks within 7 working days of the notification:

1. Visit the private foster carers in the home where the child is to live and speak to them and all members of the household;
2. Visit and speak with the child alone and complete age-appropriate direct work. This is unless the Social Worker considers it inappropriate to do so in which case the reason should be recorded and brought to the attention of the Team Manager;
3. Speak to and if possible, visit the parents (there may be some barriers to this if the child's parents reside abroad in which case contact with them should be made via a phone call or virtual means);
4. Ensure that the purpose and likely duration of the private fostering arrangement is understood by and agreed between the parents and the private foster carers;
5. Ascertain the wishes and feelings of the child about the private fostering arrangement through age-appropriate direct work;
6. Check the suitability of the accommodation, the capacity of the private foster carer to look after the child, the suitability of other members of the private foster carer's household;
7. Ensure that the parents are involved in planning for the child and explore whether the child's needs may be more appropriately met by providing services to the child and parent at home;
8. The Parents will draw up a written agreement (see the Cumberland Private Fostering Notification Agreement) with the private foster carers as to their respective expectations and responsibilities in relation to the fostering arrangement including financial arrangements and the child's family time with their parents, sibings and other significant family members;
9. Where the child has already moved to live with the proposed carers, ensure that the child's development in all aspects is satisfactory, that the standard of care being given to the child is appropriate and that the child's needs arising from his or her religious persuasion, racial origin and cultural and linguistic background are being met;
10. Where the child has already moved to live with the proposed carers, check that the financial matters are in order and the family time arrangements are working;
11. Notify the relevant health and education agencies of the child's Private Foster home or proposed home;
12. Ensure that any necessary links are or will be established with other agencies for example because of the child's disabilities and/or special educational needs;
13. Enter the child and the carer's details onto the electronic database.

During the initial visit, the Social Worker will:

1. Explain the assessment process to the private foster carers and provide written information and explain to them and the child about Private Fostering (see the Cumberland Council information leaflets for children, Private Foster carers and parents);
2. Obtain the written consent of the private foster carer and all members of the household over 16 to checks being made with the Disclosure and Barring Service and ask the private foster carer for the names of 2 personal referees;
3. Establish the private foster carer's childcare experience, access to support and views and intentions regarding behaviour management of the child;
4. Establish the plans for family time between the child and their parents, siblings and any other important relatives or friends in the child's network;
5. Establish the private foster carer's understanding of the child's culture, and give advice in relation to resources and facilities which could assist in meeting the child's racial, cultural, religious and linguistic needs, including the use of an interpreter if necessary;
6. Advise the private foster carer of the need to notify Children's Services of any change in their circumstances, including any new people joining the household and if there is an intention for the child to return to parents, family or another proposed foster carer. This will ensure that the social worker is aware of any changes in relation to the child and that this can also be shared with the child's parents.

In the event of a refusal of any person to cooperate with the making of the necessary checks, the Social Worker should advise the private foster carers that they cannot be recommended as suitable and advise the parents of the reason why alternative arrangements will have to be made for the child.

Any action required by the local authority to secure the child's safety should be considered and legal advice sought as necessary.

If the initial visit takes place after the child's has move to the proposed private foster carers home, the Social Worker should also:

1. Ensure that the parents have fully informed the private foster carer of the child's medical history and any current need for ongoing professional monitoring and medication, and has handed the child's personal child health records to the foster carer;
2. The private foster carers will draw up a written agreement with the child's parents as to their respective expectations and responsibilities in relation to the private fostering arrangement including the contact arrangements, finances and expected duration (see the Cumberland Private Fostering Notification Agreement);
3. Ensure that the child is registered with a GP, dentist and, if necessary, optician local to the private foster home;
4. Ensure that a school place has been arranged for the child if of school age;
5. Ensure the parent provides the private foster carer with a written general consent to cover any necessary medical treatment and that a copy of this consent is given to the GP, dentist, optician, school visits and retained on the child's file;
6. Advise the private foster carer to arrange a medical examination of the child with the GP as soon as practicable after the start of the placement.

After the initial visit, the Social Worker should record full details of the visits (including the child's voice and direct work completed) on the child's electronic record using the heading private fostering case note.

The Social Worker undertaking the Private Fostering Arrangement Assessment must arrange for checks on the private foster carer, all members of the household and frequent visitors over 16 to be made with the Disclosure and Barring Service and Children's Services records (including for the areas of any previous addresses).

The Social Worker should obtain two written personal referees from people known to the private fosterers (see the Cumberland Reference Form). The content of the references will form part of the overall assessment of suitability. Copies of these forms must be scanned and uploaded onto the private fosterer's electronic record.

The assessment must be completed within 42 working days and will consider the following:

• The suitability of the private foster carer and all members of the household;
• The suitability of the accommodation.

The assessment will be sent to the line manager for authorisation. Written notice of the decision must then be sent to the private foster carer and the parents, including any requirements, exemptions or prohibitions imposed - see Section 7, Imposing Requirements on Foster Carers, Section 8, Limit on Number of Children and Section 9, Prohibition and Disqualification. (Also see the Cumberland Notification of the Outcome of Private Fostering Assessment Letter to Private Foster Carers / Parents)

If, at any stage of the assessment of the private foster carers, information is obtained which suggests that a child already placed with the private foster carer may be a Child in Need, the manager may authorise services under a Child in Need Plan and/or a child and family assessment to be carried out alongside the assessment of the private foster carer.

In the event of a refusal of any person to cooperate with the making of the necessary checks, the Social Worker should advise the private foster carers that they cannot be recommended as suitable and advise the parents of the reason why alternative arrangements will have to be made for the child. Any action required by the local authority to secure the child's safety should be considered and legal advice sought as necessary.

If any information comes to light during the course of the private foster carer assessment, for example as a result of the Disclosure and Barring Service checks, which may preclude the person from fostering a child, the Social Worker should prepare a report to their team manager who will notify the service manager. Immediate consideration should also be given to the arrangements for the child and if necessary, child protection procedures should be followed.

See Section 9, Prohibition and Disqualification.

In the event that the parents decline to make alternative arrangements or where the parents cannot be found, the Social Worker should consider whether any action may be required by the local authority to secure the child's safety under Cumberland Safeguarding Children Partnership (CSCP) Multi-Agency Procedures and legal advice should be sought as necessary.

In a situation where the child has been assessed as a Child in Need and is receiving wider Section 17 support then discretionary financial support via Section 17 payments can be considered to sustain an otherwise satisfactory private fostering arrangement. The Social Worker should seek the approval of the relevant manager for such assistance to be given.

The payments should be part of a Child in Need Plan. See Child in Need Plans and Reviews Procedure.

The completed Private Fostering Arrangement Assessment can support the arrangement but subject to recommendations for requirements to be imposed on the foster carers. These can include for example restricting the approval to an individual child or to limit the number, age or gender of children who may be cared for privately. Requirements may also relate to the standard of accommodation, health and safety matters and/or practical matters such as equipment. A requirement may include a timescale within which the private foster carer must take the necessary action.

A requirement may be varied, removed or added at any time.

Any requirements imposed must be specified in writing, together with reasons. Written notice of any requirements imposed, together with the reasons, will be sent to the private foster carer and to the parent by the Social Worker responsible for the assessment. (see the Cumberland Notification of the Outcome of Private Fostering Assessment Letter to Private Foster Carers / Parents)

The maximum number of children privately fostered in any one household must not exceed 3 unless there are exceptional circumstances.

Any application for exemption from this limit must be made to the allocated social workers relevant service manager. The application must contain the following information:

1. The number, names and ages of the children;
2. The proposed arrangements for the care and accommodation of the children;
3. The intended and likely relationship between the children and the foster carers;
4. The proposed length of the private fostering arrangement;
5. Whether the welfare of the children in the private fostering arrangement will be safeguarded and promoted.

Exemptions will only be granted in relation to named children and will cease when the named children leave the private fostering arrangement.

Where an exemption is granted this will be confirmed in writing to the foster carers.

A decision can be made to prohibit the proposed private foster carer from fostering on the basis that they are not suitable and/or the premises are unsuitable.

The fact that a private foster carer is a Disqualified Person (Foster Carer) is a good reason upon which to seek a prohibition.

Where the Social Worker considers that it would be appropriate to approve a private foster carer despite the fact that they or a person in the household is disqualified, a written report must be presented to the service manager for consideration.

Where a decision is made to prohibit a private foster carer from caring for a child, reasons for the decision must be recorded. Written notice of the decision, together with the reasons, must be sent to the private foster carer and to the parent by the Social Worker responsible for the assessment. The private foster carer will also be advised of the right to appeal (see the Cumberland Notification of the Outcome of Private Fostering Assessment Letter to Private Foster Carers / Parents).

If a proposed private foster carer is prohibited from caring for the child, then discussion must take place urgently with the parent with regard to the making of alternative arrangements for the child. The local authority may seek to take action in accordance with the Cumberland Safeguarding Children Partnership (CSCP) Multi-Agency Procedures if it is assessed that the child requires safeguarding and may seek legal advice if emergency action is required. 

Where requirements which have been imposed are not complied with, the Social Worker must consider whether support should be provided to ensure compliance and/or consider whether to escalate to the relevant service manager recommending that the private foster carer be prohibited from caring for the child, in which case the procedure for prohibitions as set out above must be followed.

1. Frequency

Visits by a Social Worker must be made to the child and the private foster carer at the foster home within 7 working days of the arrangement starting, or the date when notification was received if later, and then visits will be made at intervals of not more than six weeks in the first year by a Social Worker.

In subsequent years, visits must be at intervals of not more than three monthly.

The need to visit more frequently will be decided by the Social Worker and their manager depending on the circumstances and the need to visit unannounced and/or to choose times when all members of the household are likely to be present should also be considered.

Additional visits should be arranged at the request of the child or the foster carer.

The child must be seen alone by the Social Worker on each visit and the social worker will talk with the child and/or use direct working tools to explore their lived experience. This is unless it is assessed as not appropriate to do so given the child's age, their understanding or if they are expressing a view that they do not want to. The social worker should discuss with their team manager and a record made of the rationale for this and the process for reviewing this.

The child's bedroom should be seen on each visit.

2. Purpose

The purpose of and matters to be discussed at the first visit after the child moving to the private fostering arrangement are set out in Section 4, Initial Visit to Private Foster Carers.

The overall purpose of all visits is to encourage the maintenance and improvement of child care standards and check that the child's needs are met within the private foster arrangement and in particular:

1. To observe the overall standard of care including visiting the child's bedroom;
2. To ensure that the child is developing satisfactorily and that their needs arising from religious persuasion, racial origin and cultural and linguistic background are being met;
3. To speak to and ascertain the wishes of the child;
4. To review the purpose and likely duration of the arrangement  and ensure that agreement between  the parents and carers is working; to encourage  the parents and private foster carers to work together to plan for the child's return home to their parents if at all possible and help prepare the child for this change; 
5. To check that any requirements imposed are being met and check whether they need to be changed or cancelled;
6. To ensure that the arrangements for the child's education are satisfactory;
7. To advise or arrange advice for the private foster carer as necessary, for example in relation to the maintaining of the child's links with their cultural heritage or in relation to appropriate travel arrangements for the child visiting family including if family are abroad;
8. To check that the financial arrangements for the care of the child are working;
9. To ensure that the child remains registered with a GP and dentist and that any necessary health care has been provided to take account of any special health needs;
10. To ensure that the child has access to services as required as a result of any disabilities;
11. To enquire as to the family time arrangements for the child with the parents siblings and the wider network of family and friends;
12. To encourage the private foster carer to keep a record of the child's development, including accidents, illnesses, immunisations, school reports, achievements and any contact with parents or significant others.

3. Reports on Visits

A private fostering case note must be made on the child's electronic record for every visit made by the allocated social worker and the manager will be notified via ICS. The record must state whether the child was seen and if so, whether the child was seen alone. If the child was not seen, the reasons must be recorded.

The record must include the content of the discussion/ direct work with the child, observations of them in the home. It must comment on the private foster carers views, on the child's overall welfare in relation to relationships in the home, seeing their family, their education, health, social activities/hobbies and any emotional or cultural needs. The social worker should also comment on  how the private fostering arrangement  is progressing including any views about the arrangement expressed by the private foster carer and the child. It must also contain a recommendation about the continued suitability of the private fostering arrangement and whether any action should be taken and/or requirements on the foster carer.

4. Unsatisfactory care

Where there are concerns about the child's care, the parents should be advised and consideration should be given to taking action in accordance to the Cumberland Safeguarding Children Partnership (CSCP) Multi  Agency Procedures.

In Cumberland the suitability of private foster carers in meeting the needs of the child should be kept under review by the allocated social worker and their line managers through regular supervision and management oversight. Oversight should occur following the social work visits to privately fostered children. The appropriateness of any arrangements should be considered as a matter of course in the process of reviewing privately fostered children's needs in supervision.

Additional monitoring of the suitability and quality of the private fostering arrangement is provided by the Independent Reviewing Officer (IRO).

IRO monitoring and review of the child's private fostering arrangement will commence from the date the private fostering arrangement has been approved by the service manager.

The IRO will review the private fostering arrangement within 3 months of it being approved. At this review the IRO will have oversight that the private fostering arrangement has been assessed and is being monitored in accordance with the Cumberland private fostering policy and in line with national private fostering regulations.

The IRO will complete a visit to the child and their carer, speak with the child's parents/ those with Parental Responsibility and have a discussion with the allocated social worker ahead of the meeting.

The Private Fostering Review will consider reports from the child's social worker and information from any other agencies involved in the child's network of support. The information shared in the meeting will provide analysis of the following:

• The standard of care;
• The child's development and whether their needs are being met;
• The purpose and duration of the arrangement;
• The child's plan for permanence (good practice that permanence is established within 12 months of the private fostering arrangement starting);
• Whether any requirements imposed are being met and whether they need to be changed;
• The arrangements for the child's education;
• Financial arrangements for the care of the child;
• The arrangements for the child's health needs to be met;
• The arrangement for the child to see their parents and siblings;
• The suitability of this as an ongoing private fostering arrangement for this child;
• The views of parents/ those with Parental Responsibility;
• The views of the child.

The Private Fostering Arrangement Assessment Record, and Private Fostering Review Report will be used to inform the discussion at Initial Review. This will inform decisions regarding the ongoing suitability of the private fostering arrangement and the needs of the child.

The private foster care review will usually take place in the carers home. The IRO, the child, the private foster carers, the child's social worker, parents or those with parental responsibility and any other agency or worker directly providing services to the child can be part of the review. The IRO meeting with the child, carers and parents ahead of the meeting will help plan who needs to be in attendance.

The review will discuss the successes and challenges and will determine the suitability of the arrangement. The IRO will also discuss any training needs and support that the carer feels will assist them in caring for the child. The review is a two-way process where carers have the opportunity to express their views and any concerns they may have about the child and the support plan in place.

The IRO will complete the Private Foster Carers Review Record. This will be completed within 15 working days of the review. The report will include cross referring of the DBS, Health and Safety, insurance (home and car), driving licence and animal questionnaire (if required). The IRO will make recommendations as to the suitability of the care arrangement and may specify required actions to ensure that the arrangement remains suitable.

Following the initial Private Fostering Review at 3 months the IRO will conduct a midpoint review at 6 months which involves a meeting with the social worker and review of the child's record. The purpose is to check progress with any actions agreed at the initial review and to get an update on how the child is progressing and what the plan is to support permanence for the child.

The IRO will subsequently conduct a second review of the private fostering arrangement within 12 of the arrangement being approved and thereafter the IRO will conduct an annual review until the ending of the arrangement. The IRO will undertake a midpoint review in between annual reviews.

The social worker will complete a Private Fostering Review Report for all subsequent private fostering annual reviews. This will be shared with the IRO 7 days prior to the annual review taking place. The annual review will have the same attendees as the initial 3-month review and follow the same agenda. The IRO will complete the Private Foster Carers Review report and shared this within 15 working days of the review. 

Where local authority foster carers notify their intention to privately foster a child, the above procedure should be followed.

In these circumstances, a Supervising Social Worker will normally carry out the assessment.

The foster carers should be advised of the differences between their two roles.

Consideration will need to be given to the implications for any Cared For Children already living with the foster carer and contact should be made by the Supervising Social Worker involved with the Social Workers for such children.

Consideration should also be given to the whether other cared for children should move to live with the foster carers given to the conditions of their foster carer registration. 

Parents have a duty to notify the local authority of the ending of the private fostering arrangement including the name and address of the person into whose care the child has moved.

Unless a young person has a disability, private fostering ends at 16. Children's Services will review the young person's circumstances and future plans as they approach 16. Where a young person remains with the private foster carers after the age of 16, but requires continuing support, they should be assisted as a Child In Need. Where the young person moves to independent living, support can be provided to them up as they will fall within the definition of Qualifying Young People. (Note that the DfE Volume 3: Planning Transition to Adulthood for Care Leavers acknowledges that some 'Qualifying children' will be as vulnerable and have similar support needs as those who are Eligible, Relevant or Former Relevant).

Support may include advice, befriending and discretionary financial assistance where the young person has no other means. It will be provided at the request of the young person on the basis of assessment of need and can continue up to the age of 25 or beyond if the young person is in higher education, up to the end of the course. Note that in these circumstances, it is possible also for the local authority to also provide vacation holiday accommodation.

Any request by the young person should be made to the local authority in which they are resident or where the education and training is being provided.

See Leaving Care and Transition Procedure.