8.1.10/8.2.9 Allegations Against Foster Carers and Prospective Adopters (Under Review)

1.1

There are 3 important publications which detail how allegations against foster carers and/or prospective adopters should be managed. They are:

• Working Together to Safeguard Children 2006
• Managing Allegations and Serious Concerns About Foster Carers' Practice: a guide for fostering services 2006
• London Child Protection Procedures

Haringey Children's Services will follow the London Child Protection Procedures. These are based on the statutory guidance contained in Working Together to Safeguard Children 2006. However these are generic procedures for all adults who work with children and can be difficult to read with foster carers or adopters in mind. As such the following guidance presents a straightforward version of those procedures with direct relevance for foster carers and prospective adopters of children placed by Haringey.

The purpose of this guidance is not to replace those procedures but to make them plain and more relevant for Haringey foster carers, social workers and prospective adopters of Haringey children. For more detail the London Child Protection Procedures should be consulted.

The first consideration is does the allegation meet the threshold for consideration under procedures for managing allegations against those that work with children. The threshold for this is if the foster carer or prospective adopter has allegedly:

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 are unsuitable to work with children.

If the allegation meets one or more of the categories above then:

The second consideration is in which local authority does the foster carer or prospective adopter live? The procedures of that local authority must apply when any allegation under the above threshold is to be considered.

If the foster carer or prospective adopter lives in Haringey then the following guidance applies.

If the foster carer or prospective adopter lives in London but outside Haringey then the London Child Protection Procedures should be followed. Some London local authorities may have written specific procedures for allegations against foster carers or prospective adopters but they should follow the London Child Protection Procedures. The guidelines below may be helpful in understanding how those procedures may work for foster carers and prospective adopters outside Haringey. See also Section 3, Initial Action.

If the foster carer or prospective adopter lives outside London then the procedures of that local authority will need to be followed. These should be based on (or identical to), Appendix 5 of Working Together to Safeguard Children 2006. See also Section 3, Initial Action.

The key person for managing allegations foster carers or prospective adopters in any local authority is the Local Authority Designated Officer (LADO) for managing allegations against those that work with children. In Haringey, the LADO is the Quality Assurance Manager for Child Protection. Many of the day-to-day functions of the LADO are undertaken by Child Protection Coordinators (CP Coordinator), based in the Quality Assurance Unit (QAU) under the direct management of the LADO.

If you are aware of an allegation against a foster carer or prospective adopter living in Haringey, and you are clear that it falls under the above threshold criteria (See Section 2.1.1-3), then the person who has been informed of the allegation should make contact with the LADO or duty CP Coordinator at QAU and discuss the allegation. The duty CP Coordinator will make an initial evaluation of the allegation and decide what happens next.

If you are aware of an allegation against a foster carer or prospective adopter living outside Haringey, and you are clear that it falls under the above threshold criteria (See Section 2.1.1-3), then the person who has been informed of the allegation should make contact with the LADO in the relevant local authority. These details are likely to be obtained from the local authority Child Protection Unit. There is no requirement to inform the Haringey LADO of concerns in other local authorities.

If you are aware of an allegation against a foster carer or prospective adopter regardless of where they are living, and are unsure whether it fits the threshold criteria, you should discuss it with the duty CP Coordinator at QAU for further advice.

There are up to three strands in the consideration of an allegation:

A police investigation of a possible criminal offence

Social care enquiries and/or assessment about whether a child is in need of protection or services

Consideration by Haringey Fostering and Adoption Services of whether the foster carer's suitability to foster should be reviewed in accordance with the Fostering Services regulations 2002, or whether the adopters suitability to adopt should be reviewed.

The LADO or duty CP Coordinator first considers whether further details are needed and whether there is information that establishes the allegation is false or unfounded.

If the allegation is not demonstrably false, and there is cause to suspect that a child is suffering or likely to suffer Significant Harm, the LADO or duty CP Coordinator should request the social work team for the relevant child convene a Strategy Meeting/Discussion as soon as possible and appropriate in consideration of emergency action, but no later than 3 days after the initial evaluation.

If the allegation is made after the child has left the placement, the same consideration should be made in relation to convening a Strategy Meeting/Discussion.

The social work team, in convening the Strategy Meeting must take responsibility for informing OFSTED of the allegation and inviting them to the Strategy Meeting. This is done by emailing as soon as possible the details to enquiries@ofsted.gov.uk. The LADO or duty CP Coordinator, and Fostering or Adoption Team Manager should be copied into this notice.

The police must be consulted about any case in which a criminal offence may have been committed. If the threshold for Significant Harm is not reached, but a police investigation might be needed, the LADO or duty CP Coordinator should immediately inform the police and convene an initial evaluation to include the police, Haringey Fostering and Adoption and the social worker for the child.

If the allegation does not meet the threshold criteria set out above (See Section 2.1.1-3) the LADO or duty CP Coordinator will confirm in writing to the Fostering or Adoption Team Manager, and child's social worker, the outcome of the initial evaluation outlining the details of the allegation and evidence that shows it should not be considered further under these procedures.

Wherever possible, a Strategy Meeting should take the form of a meeting. However on occasions a telephone discussion may be justified.

All Strategy Meetings under these procedures for foster carers or prospective adopters living in Haringey will be chaired by a Child Protection Coordinator from the Quality Assurance Unit fulfilling the role of the LADO.

The LADO or CP Coordinator will be independent of any previous involvement with casework or case management.

Foster carers, prospective adopters and young people will not be invited to Strategy Meetings as they are considered confidential meetings under child protection procedures. The meetings will consider how and when carers and children are informed of any allegations in recognition of their rights to information as soon as possible, balanced against any duties to safeguard children.

Possible participants at a Strategy Meeting

• The child's social worker and line manager
• The supervising fostering social worker and line manager
• Detective sergeant from the Police Child Abuse Investigation Team
• Legal adviser where appropriate
• OFSTED
• Consultant Paediatrician if appropriate
• Complaints officer if the concern has arisen from a complaint
  
  

(Stage 1) The strategy meeting / discussion should:

• Consider the allegation in detail and evidence for it
• Consider the allegation in the context of any previous allegations or concerns relevant to the child and/or the foster carer
• Consider any relevant historical information about the child or carer that may help to understand the allegation
• Consider whether the foster carer or prospective adopter used reasonable force to control or restrain the child if relevant
• Decide whether there should be a child protection (s47) enquiry and / or police investigation and consider the implications
• Decide whether the Fostering and Adoption Service should conduct an investigation in relation to the foster carer's suitability to foster, or prospective adopters' suitability to adopt.
  
  

(Stage 2) If further investigation is needed the strategy meeting/discussion should:

• Plan enquiries, allocate tasks and set timescales for completion of tasks. Consideration should be given for the need for thoroughness in investigation as well as being completed as quickly as possible.
• Ensure that any investigation is sufficiently independent of the carer and those involved with supporting them
• Decide what information can be shared with the foster carer by whom and when. This would usually be the supervising fostering social worker or their line manager.
• Decide what information can be shared with the child and parents of the child by whom and when. This would usually be by the child's social worker or line manager.
• Ensure that arrangements are made to protect the child and any other children who may be at risk including taking emergency action where needed;
• Consider whether there is any need to suspend the status of the foster carer while the investigation proceeds
• Consider what support should be provided to all children who may be affected and who would provide it
• Consider what support should be provided to the foster carer or prospective adopter during the investigation and who would provide it
• Consider what support should be given to others who are effected by the allegation and who would provide it
• Agree arrangements for reviewing investigations and monitoring progress by the LADO or CP Coordinator, having regard to the target timescales
• Consider issues for the attention of senior management (e.g. media interest, resource implications)
• Agree dates for future Strategy Meetings/Discussions. These should be planned to review progress of the investigation, the decisions made at the previous Strategy Meetings and update the questions
• Send copies of any Strategy Meetings to OFSTED

A Strategy Meeting should be convened at the end of the investigation to come to a conclusion about the allegation. It should make as clear as possible what has been substantiated and what hasn't. It should also consider whether any of the allegations are unfounded.

The final Strategy Meeting Record, completed by the CP Coordinator, should function as a report of the outcome of the investigation. A copy must be forwarded to OFSTED. A copy must also be forwarded to the Fostering and Adoption Head of Service to consider what further action can be taken. This further action will include writing to the foster carer or prospective adopter advising them of the conclusion of the investigation and any planned action by the Fostering and Adoption Service.

The final Strategy Meeting may make recommendations about action to be taken by the Fostering and Adoption Service including sharing information with the Fostering Panel or Adoption Panel, or making a referral to the Protection of Children Act List. The latter should only be made in consultation with the Fostering and Adoption Head of Service.

Sometimes it is not possible to hold a Strategy Meeting with everyone in the same room in a short space of time and it may be more appropriate for the investigation to conclude by way of dialogue and correspondence. If this route is taken the LADO or CP Coordinator must complete a report of the investigation and discussions, reaching clear evidenced conclusions as far as possible, and forward this to the Fostering and Adoption Head of Service.

False allegations are rare and may be a strong indicator of abuse elsewhere which requires further exploration. If an allegation is demonstrably false, the LADO or CP Coordinator should discuss with the child's social worker whether the child is in need of services, or might have been abused by someone else.

If it is established that an allegation has been deliberately invented, the police should be asked to consider what action may be appropriate.