Promoting private fostering

Private fostering is a private arrangement made between a parent and a responsible adult for the care of a child under the age of 16 (under 18 if disabled). The person who will be looking after the child is not a parent or close relative of the child, and the arrangement is intended to last for at least 28 days.

Nearly a quarter of a century on from the tragic case of Victoria Climbié, who died at the hands of her great aunt and her partner with whom she was living in a private fostering arrangement, there is continuing concern across the sector that private fostering arrangements are significantly underreported. The worry is there may be potentially vulnerable children who are under the radar of children’s services and therefore not receiving the support to which they are entitled.

The death of Victoria Climbié led to the Laming Report, which resulted in a strengthening of the legal framework around private fostering with the publication in 2005 of The Children (Private Fostering) Arrangements Regulations 2005. This legislation requires private foster carers and those with parental responsibility to notify the local authority of a proposed or actual arrangement.

Legal framework

These notifications trigger councils to assess the suitability of the arrangements, in line with their responsibility to ensure children’s welfare (section 67, Children Act 1989). Prospective carers must provide information to the council, including around offences they have committed and any disqualification or prohibition on them fostering privately (under sections 68 and 69 of the Children Act 1989). National Minimum Standards for private fostering further stress that all professionals (including those in health and education) have a responsibility to notify the local authority of a private fostering arrangement.

Councils also have a corresponding duty to promote public awareness of private fostering notification requirements (schedule 8 of the Children Act 1989).

Current situation

The understanding of what constitutes private fostering varies. There are local authorities who have a dedicated worker or team focusing on private fostering, but others rely on duty social workers who may not have assessed private fostering arrangements before. There are variations in assessment and review practice and different local interpretations of the regulations and guidance.

CoramBAAF has seen an increase in members reporting that they are unsure of how best to support these children. In response, CoramBAAF held a Private Fostering Awareness Day recently which provided an introduction to private foster care and showcased innovative local authority approaches, including apps where all relevant information and signposting is easily accessible. We heard from young people who had lived in private fostering arrangements who stressed the importance of their views being listened to and at a time that was right for them. The regulations highlight the need to speak to children on their own but being taken out of school to do this was considered detrimental.

Jeremy Gleaden, a senior inspector with Ofsted, highlighted the need for consistency of assessment and support to private foster carers.

Different arrangements

Attendees discussed the differences between private fostering, private kinship arrangements and those kinship arrangements where the local authority has been involved in placing a child under section 20 accommodation. We regularly hear about the dilemmas that arise when a child’s circumstances result in a change of carer and the need for clarification about under what framework the new arrangement should be assessed. One such example is when a grandparent is no longer able to care for a child and leaves them in the care of a non-close relative. The child may be living in the same home but the status of their carer has changed, often resulting in a change of needs and safeguarding issues.

Private foster carers can find themselves in situations where either a parent cannot be contacted and therefore is unable to exercise their parental responsibility or give consent to the arrangement. Even without parental consent, a child can be living in a private fostering arrangement. It is the criteria and circumstances that determines whether it constitutes a private fostering arrangement, not whether parents have given consent.

Consideration will need to be given to the child’s age and understanding and capacity to make their own decisions. Legal advice may be required to secure an order to make sure that either the local authority or private foster carer can exercise parental responsibility for the child. This in turn may lead to a change in care plan, for example the child becoming looked after.

Private fostering checklist

• Common reasons a child may live with private foster carers include their parents being abroad, problems at home or living with a host family while attending school.

• Private fostering arrangements are those made between parents and carers for the care of a child for 28 days or more, without the involvement of the local authority.

• Parents retain parental responsibility for the child.

corambaaf.org.uk