Private Fostering Regulations 2005

Please Bring this to the Attention of your Designated Teacher Child Protection and Year Heads

Please find below an issue that has recently been raised in Children's Services regarding privately fostered children and the response we have made.

We became aware from a colleague in Suffolk of a group of children that were attending state schools in Norfolk and Suffolk and living with "host families". These children were entering this country via Macao and being found places to live and schooling via an agency. Their parent's being financially charged for this service.

These children come under the "Private Fostering Regulations" and I have outlined our joint responsibilities below.

The risks involved in private fostering received widespread media coverage following the death of Victoria Climbie in 2000. Victoria was privately fostered by her great-aunt and Lord Laming's report into her death recommended that the Government review the law regarding registration of private foster carers.

The regulations advise that a parent must advise Children's services department of their intent six weeks prior to the child coming to stay with a carer. If the carer agrees to foster the child within six weeks they must notify Children Services' immediately.

Notification must also be given if:

• The child moves.


• Any changes in the household take place (People leaving or coming to live or work in the household).


• If any person living or working in the home is convicted of any offence.


• If any person is disqualified under sections 68 & 69 of the Act.

and

• Within 48 hours of when the child is no longer in their care unless they intend them to return to the carer within 27 days. Giving the reasons why the child has left and the name and address of the person who is assuming the care of the child.

The parent should provide the private foster carer with information about the child, including their health and school history, their interests, religion, dietary needs, etc. Please remember that the parent will retain parental responsibility for the child throughout the time they are privately fostered. The parent should ensure that they participate in all the major decisions concerning the child and their care.

The Children Services will check upon the suitability of the prospective private foster carers and other members of their household. They will also check on people who work for them. They will also make regular visits to the child and offer advice to the foster carer/s. They will keep an eye on the standard of care the child receives.

The Government's new measures on private fostering in section 44 of the Children Act 2004 and replacement regulations (the Children (Private Arrangements for Fostering) Regulations 2005) came into force on 1 July 2005.

The new measures, along with the National Minimum Standards, are intended to strengthen and enhance the Children Act 1989 private fostering notification scheme. They are also intended to focus local authorities' attention on private fostering by requiring them to take a more proactive approach by identifying arrangements in their area. They are expected to improve notification rates and compliance with the existing legislative framework for private fostering.

The National Minimum Standards for private fostering, replacement Children Act 1989 guidance and a guide on raising awareness are also available on the DFES website.

What if a member of staff in a school believes someone is being privately fostered?

If you suspect or doubt that the notification to the local social services has been made you should call and advise Children's Services in the usual manner. It may be helpful to have a consultation with your local assessment team manager to establish if the child is known.

Definition of a Private Fostering Arrangement

A private fostering arrangement is essentially one that is made privately (that is to say without the involvement of a local authority) for the care of a child under the age of 16 (under 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 who is a relative under the Children Act 1989 i.e. a grandparent, brother, sister, uncle or aunt (whether of full blood or half blood or by marriage) or step-parent 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 someone previously unknown to the child's family who is willing to privately foster a child. The period for which the child is cared for and accommodated by the private foster carer should be continuous, but that continuity is not broken by the occasional short break. Exemptions to this definition are set out in Schedule 8 to the Children Act 1989.

The private foster carer becomes responsible for providing the day to day care of the child in a way that will promote and safeguard his welfare. Overarching responsibility for safeguarding and promoting the welfare of the privately fostered child remains with the parent or other person with parental responsibility.

Action required by the School

Therefore if you or a member of your staff become aware of children from European Economic Area in a similar situation to the children I describe above, would you please ensure a referral is made via an ACPC1 to the Access Service. These children are entitled to be resident in the UK, but you will appreciate that they are particularly vulnerable and need the protection that the private fostering regulation's can provide.

Similarly if you become aware of any other child living with an adult who does not hold Parental Responsibility or a close family member you should inform this Department in the prescribed manner.

Thank you very much for your help with this matter. I am quite happy to discuss this issue further, you can contact me, Andy Goff, Assistant Service Manager, Assessment Service, Children's Services on 01603 223072 or andy.goff@norfolk.gov.uk.