5.2.4 Placements with and Approvals of Connected Persons (including Family and Friends) |
AMENDMENTS
This chapter was significantly amended in June 2011 in relation to the Care Planning, Placement and Case Review Regulations 2010, and Associated Guidance. The changes have been highlighted below.
Contents
- Introduction
- Situations where these Procedures do not Apply
- Approval of Immediate Placements of Looked After Children with a Connected Person
- The Placement
- Approval of a Connected Person as Foster Carer
- Ending the Placement
1. Introduction
The following procedure covers immediate placements of looked after children with a Connected Person i.e. where the carers are not already approved as foster carers.
A Connected Person is defined as "A relative, friend or other person connected with a child. The latter is someone who would not fit the term 'relative or friend', but who has a pre-existing relationship with the child. It could be someone who knows the child in a more professional capacity such as (for example) a child-minder, a teacher or a youth worker."
Relative is defined as "a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent."
The procedure sets out the checks that need to be made before such a placement can be made.
It also covers the procedure to be followed to carry out the required assessment and approval of the Connected Person as foster carers if the placement is to last longer than 16 weeks.
2. Situations where these Procedures do not Apply
These procedures do not apply when a child (under 16 years) goes to live with a close relative and this is a private arrangement between the parent/person with Parental Responsibility and the relative. In these circumstances, it is not necessary for the local authority to become involved unless there are concerns for the child’s welfare or the family asks for help.
These procedures do not apply where a child (under 16 yrs) goes to live with a less immediate relative or friend and this is a private arrangement between the parent/person with Parental Responsibility and carer. If this placement continues for 28 days or more, the child will come within the definition of a Privately Fostered child and the local authority’s duties in relation to the placement are set out in the Private Fostering Regulations.
In situations where private agreements have been made (including private fostering arrangements), the local authority may determine that the child is a Child in Need, in which case consideration must be given to the child’s need for other support arrangements, e.g. services and/or occasional financial help which can be provided under Section 17 of the Children Act, 1989.
3. Approval of Immediate Placements of Looked After Children with a Connected Person
Before any placement with a Connected Person who is not already approved as a foster carer is made, the approval of a Agency Decision Maker is required.
Any such emergency approval can only be given for 16 weeks from the date of the placement. After that period of time, further assessment must be carried out and further approval sought - see Section 5, Approval of a Connected Person as Foster Carer.
Matters to be taken into account when assessing the suitability of a Connected Person to care for the child are:
- The nature and quality of any existing relationship with the child
- Their capacity to care for children and, in particular in relation to the child (or children) concerned, to provide for his/her physical needs and appropriate medical and dental care; to protect the child adequately from harm or danger including from any person who presents a risk of harm to the child; to ensure that the accommodation and home environment is suitable; in relation to the child's age and developmental stage, to promote his/her learning and development; to provide a stable family environment which will promote secure attachments for the child, including promoting positive contact with parents and other connected persons, unless this is not consistent with the child's welfare.
- State of health (physical, emotional and mental), and medical history including current or past issues of domestic violence, substance misuse or mental health problems
- Family relationships and the composition of the household, including particulars of all other members of the household, their age and the nature of any relationship with the connected person and each other including any sexual relationship; any relationship with the parents; any relationship between the child and other members of the household; other adults (not members of the household) likely to have regular contact with the child; any current or previous domestic violence between members of the household, including the connected person
- Their family history, including their childhood and upbringing, and the strengths and difficulties of their parents or others who cared for them; their relationship with parents and siblings and each other; educational achievement and any learning difficulty/disability; chronology of significant life events; particulars of other relatives and their relationships with the child and the connected person
- Any criminal offences
- Past and present employment and other sources of income
- Nature of the neighbourhood and resources available in the community to support the child and the Connected Person.
The home must be visited by the social worker as part of the assessment of the suitability of arrangements.
The child's wishes and feelings (subject to age and understanding) must be ascertained and recorded and wherever possible, an opportunity must be provided for the child to visit the home before the decision.
The views of parents/ those with Parental Responsibility must also be obtained.
The proposed carer should be given information about the assessment process which will follow if the placement is to last longer than 16 weeks and, if this is likely to be the case, be asked to sign consent forms for other agency enquiries, interviews with referees, adult children and ex-partners, which will be part of any such fostering assessment.
A Written Placement Proposal should then be completed by the child's social worker and the signed agreement of the Agency Decision Maker.
The prospective carers need to be made aware that any such approval is only temporary and does not imply continued approval beyond the 16 weeks.
The placement may only continue after sixteen weeks if Connected Person is approved as a foster carer (see Section 5, Approval of Connected Persons as Foster Carers) or in exceptional circumstances where the temporary approval is extended.
This temporary approval can be extended for a further period of up to 8 weeks (if it is likely to expire before the assessment is completed) or until the outcome of the Independent Review (if the outcome of the assessment is that the Connected Person is not approved and seeks a review of the decision - see Assessment and Approval of Foster Carers Procedure).
Before deciding whether to extend the approval, the Local Authority must consider if the placement is still the most appropriate placement available, and it must be considered by the Fostering Panel before the above approval is given.
There are occasions where the courts request that viability assessments are undertaken on Connected Persons prior to a placement being made or when the matter is in care proceedings. This is often to establish whether prospective carers will meet the requirements to become a foster carer. In every case, these must be led by the fostering team rather than the field social work team as the focus has to be on fitness to foster.
4. The Placement
A Placement Planning Meeting should be held either before the placement or within 72 hours.
On the placement of the child, the child's social worker will ensure the following documents are completed, signed and copies are given to the carer:
- Essential Information Part 1, Placement Plan Part 1 and a Risk Assessment see Risk Assessments Prior to Placements in Foster Care Procedure;
- The child’s Care Plan.
The family placement worker will ensure that an Immediate Placement Agreement for a specific child is signed by the carers and that they have a copy of the signed agreement.
If the child was not previously Looked After, the child’s social worker will send a request for the child’s first Looked After Review to the Review Team.
If the child was already looked after, the social worker will send notification of the placement to the child's Independent Reviewing Officer.
The Placement Plan Part 2 should be completed within 14 days of the placement.
The child's social worker must visit and see the child alone in the placement (unless she/he refuses) each week until the first Looked After Review and thereafter at intervals of not more than 4 weeks during the period of temporary approval. The visits are to be fully recorded as statutory visits.
The child's social worker will update RAISE with the details of the placement. In order to ensure that placements are correctly recorded social workers must follow the Service Placements Process
Notification of the placement will also be sent by the child's social worker to the relevant health trust, the relevant local Children's Services (if the placement is outside the district), the appropriate education service and the child's GP.
The child's social worker will notify all family members consulted and involved in the decision-making process of the placement.
The administrative staff must also notify the allocated Independent Reviewing Officer or, if it is the first Looked After Placement, the Review Team of the placement. This notification will trigger, if necessary, the appointment of an Independent Reviewing Officer, and the setting up of arrangements for a Looked After Review.
These notifications must be made in writing, advising of the placement decision and the name and address of the person with whom the child is to be placed. They must be sent before the placement wherever possible or within 5 working days of the placement.
The child's social worker should also notify - preferably in writing but it may be verbally - all those involved in the day to day arrangements for the child, including nursery/school and any health professional or YOT worker actively involved with the child.
It will be necessary for the child's social worker to ensure the child is registered with a GP, Dentist and Optician, either retaining practices known to him or her (which is preferable) or in the area where they are placed.
In relation to a first Looked After placement it will also be necessary for the social worker to arrange a Health Care Assessment - see Health Care Assessment and Health Care Plan Procedure.
Every effort should be made to enable the child to remain at the same school unless there are reasons which would be detrimental to his or her wellbeing.
The social worker must contact the Designated Teacher for Looked After Children at the child's school and complete a Personal Education Plan.
5. Approval of a Connected Person as Foster Carer
If the plan is for the placement to last longer than16 weeks, the fostering assessment process should then commence as soon as possible after the placement is made and the child's social worker should make a referral to the Fostering Duty Team and a social worker will be allocated for this purpose.
This temporary approval can be extended for a further period of up to 8 weeks (if it is likely to expire before the assessment is completed) or until the outcome of the Independent Review (if the outcome of the assessment is that the Connected Person is not approved and seeks a review of the decision - see Assessment and Approval of Foster Carers Procedure).
Before deciding whether to extend the approval, the Local Authority must consider if the placement is still the most appropriate placement available, and it must be considered by the Fostering Panel before the above approval is given.
There is very little difference in the actual assessment and approval process for family and friend and other Connected Person carers and non-related carers - see Assessment and Approval of Foster Carers Procedure.
In essence, all prospective foster carers including Connected Persons are subject to the same assessment process and the Form F assessment. The BAAF Form F covers such areas as relationships, childhood and into adult life, values and employment history.
Under Schedule 3 of the Fostering Regulations 2002 two personal references are required and these must be people who are able to comment on the suitability of the applicant to become a foster carer and care for children. These must be references from people who know the applicant well and have appropriate knowledge of their relationship with children. These referees will be interviewed and, where applicable, ex-partners will also be interviewed. Where applicable, employment references will be taken up.
The applicant is also subject to a medical report and an Enhanced Criminal Records Bureau check. Other statutory checks are also made such as social care services and child protection records.
It is recognised that some discretion can be applied to the assessment of Connected Persons, and this often relates to the physical expectations of the home, such as bedroom space and sharing with other children. However, the assessment of the suitability of the placement should otherwise be as thorough as with other foster carers and no one has a 'right' to foster.
Therefore there are occasions when the fostering team and the local authority will not be able to make a positive recommendation about Connected Persons being approved as foster carers. This will then mean that the placement becomes unlawful and unless an alternative order is made the child will need to be removed. The fostering team should have the time to fully assess any Connected Persons in a planned way so this causes less disruption for the child.
The field social work team need to consider that, whilst a court may find it in the best interests of children to be made subject of care orders and placed with Connected Persons, a court is unable to make care orders and endorse a care plan for a child to be placed with Connected Persons if the local authority does not find them suitable for approval as foster carers. We recognise the duty placed on the local authority to consider placing children with Connected Persons due to established relationships and the benefits for children to be maintained within a family, as the focus has to be the welfare of the child. However, this has to be balanced against the requirements of all approved foster carers.
All members of the fostering household will form part of the assessment including any birth children. Anyone in the household over 16 years will also be subject to an Enhanced Criminal Records Bureau check
Approval Process
When considering family and friends as foster carers, the local authority must be sensitive to pre-existing relationships in assessing and approving Connected Persons as carers. However, support and training needs for Connected Persons should be assessed and met in the same way as for any other carer.
All assessments of Connected Persons are heard by the Fostering Panel see Foster Panel Procedure. Whilst there is a duty under the Children Act 1989 for the local authority to consider placing a child with extended family, friends, or another Connected Person, Panel members also need to consider the strengths and vulnerabilities of the placement and how the carer will meet the needs of the Looked After Child. The fact that they are a Connected Person is not itself a reason for approval.
Training
All approved foster carers are required to attend foster care training once they are approved. Connected Persons receive the same financial allowances and skill payment as any other carer. Therefore, there is an expectation that they attend regular training. Any approved Connected Person will be provided with a foster care manual and can access the same training and support groups as any other foster carer.
Most prospective foster carers also attend the preparation training, which is a four day course that is attended prior to formal approval. Often Connected Persons do not attend this course, as placements have already been made. However, where possible they should attend or the assessing fostering social worker should outline how the carers will cover the issues that the training covered.
The Department for Children, Schools and Families implemented, through the Children's Workforce Development Council, Training and Development Standards for Foster Carers. All foster carers, including Connected Persons must have achieved this by April 2011. Any carers approved after this point will have to complete the training within a specified timescale.
Post Approval
Once foster carers are approved, they are subject to an annual foster review, six weekly visits from a member of the fostering team and an unannounced visit. The fostering team also has a duty to see the bedrooms of children placed.
In addition, it is a requirement that all foster carers attend training and this is addressed as part of the annual fostering review. The dual role of being a Connected Person and an approved foster carer often causes much confusion and training and support around these issues should be covered both during the assessment and post approval. Any prospective Connected Person carer must understand that they will be an approved local authority foster carer and there will be a statutory requirement to work with the fostering and field social work team.
The requirements must be fully explored with Connected Person. They will need to understand that they do not hold any Parental Responsibility for the child that is being placed and that the child is subject to a Care Order. This will entail consultation with professionals around the promotion of education, health, safe caring, contact and working with the local authority. Permission to go on holiday either locally or abroad also needs to be sought and, unless there are exceptional circumstances, permission to take a child out of school for a holiday will not be given.
The fostering team must be notified if there any changes to the household composition and any changes in circumstances such as a health problem as this may require a new medical to be undertaken. If a new partner is to join the household the fostering team should be notified immediately. A full assessment will be needed and all the necessary checks undertaken. Until the assessment is completed and approval has been given, any new partner will not be able to move into the household. Until the CRB has been completed any new partner will not be able to have unsupervised contact with a child in the placement. Any overnight stay must be discussed with the fostering team and a risk assessment will be needed.
All approved foster carers are required to sign a Foster Carer Agreement in accordance with the Fostering Services Regulations 2002. The agreement constitutes a statement of responsibilities, requirements and expectations of the Local Authority and foster carer(s) as jointly agreed in relation to all foster placements.
At the child’s Looked After Reviews, consideration must be given to securing the child’s future through a Residence Order, Special Guardianship Order or Adoption. See Permanence Planning for Looked After Children Guidance.
If the decision is that the placement is for permanent fostering, the Permanent Fostering Procedure will also apply.
Should a placement be proposed outside the local authority area, the above procedures will be followed unless distance makes this impractical. In that case the relevant local authority will be contacted and requested to act on Wakefield’s behalf.
Should the relevant local authority refuse to act on Wakefield’s behalf, Wakefield remains the responsible local authority and would need to undertake the assessment.
6. Ending the Placement
When the placement ends, the child’s social worker must update RAISE and complete and send Form SS35 to Finance Section so that payments to the carer/provider will cease.
The social worker will also send copies to those notified when the placement was made.
Consideration should also be given to holding a Disruption Meeting see Section 9 of Placements in Foster Care (excluding Short Breaks but including Externally Provided Placements) Procedure
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