Allegations Against Foster Carers

The person to whom an allegation or concern about a carer is first reported should treat the matter seriously and keep an open mind. They should not:

• Investigate or ask leading questions;
• Make assumptions or offer alternative explanations;
• Promise confidentiality.

They should follow these procedures, which should include the following:

• Making a written record of the information (where possible in the child / adult's own words), including the time, date and place of incident/s, persons present and what was said;
• Signing and dating the written record;
• Immediately reporting the matter to the designated lead in the fostering service, or the deputy in their absence.

Some, very serious allegations, should be immediately reported to the police – this will also enable prompt action to be taken to safeguard the child and gather evidence e.g. from mobile phones etc.

Initial action by the designated person (if different)

When informed of a concern or allegation, the designated person should not investigate the matter but they should continue to gather factual information in regards to the incident and ensure any evidence is preserved. This fact-finding should be a neutral process and should not amount to an investigation of the incident.

They should:

• Obtain written details of the concern/allegation, signed and dated by the person receiving it (not the child / adult making the allegation);
• Approve and date the written details;
• Record any information about times, dates and location of incident/s and names of any potential witnesses;
• Record discussions about the child and/or member of staff, any decisions made, and the reasons for those decisions;
• The designated person must inform the LADO within 1 working day of when an allegation is made and prior to any further investigation taking place. A failure to report an allegation in accordance with procedures is a potential disciplinary matter;
• If the allegation relates to a foster carer registered with an independent fostering agency, it will be the LADO responsible for the local authority where the foster carer resides that takes the lead;
• If the allegation relates to a local authority foster carer who resides in another local authority area from that with whom they are registered, then it will be the LADO responsible for the local authority with whom they are registered that takes the lead.

The designated person should also:

• Inform the child's allocated social worker, the carer's Supervising Social Worker and Ofsted/the regulatory authority.

The Supervising Social Worker in the fostering service will:

• Inform the social workers/team manager for the child and any other child in the placement;
• Inform any other local authority with a vested interest in the foster placement ie should other children be placed by another Local Authority;
• Provide the foster carers with details of the Fostering Network, who can provide support and advice, thefosteringnetwork.org.uk.

Any immediate risk to the child should be considered. In exceptional cases where immediate action may be necessary to safeguard the welfare of the child, the child's social worker and their manager may decide a new placement should be identified for the child in question and other children placed in the household (Note this may be with an alternative fostering Agency).

If, as a result of the allegation, there is cause to suspect a child is suffering or likely to suffer significant harm, an initial Strategy Meeting will be convened within 2 working days.

Following this a LADO allegations meeting will then be arranged. If appropriate, the strategy meeting and LADO allegations meeting will be held as one meeting, chaired by the appropriate LADO.

Foster carers are not invited to these initial discussions but this meeting(s) will agree if and how an investigation should be carried out and by whom, as well as what information can be shared with the carer(s).

The following people will be invited to the allegations Strategy Meeting:

• A manager from the local authority Children's Social Care Service where the carer resides who will carry out any Section 47 Enquiry;
• The child's social worker and their manager (placing authority);
• The Designated Person from the Fostering Agency (unless information identifies there are implications/concerns about the Agency itself);
• The Supervising Social Worker linked to the foster carer(s), (if the allegation relates to a foster carer - unless information includes implication/concerns about the Agency);
• The Police;
• Any other Agency involved with the child or foster family;
• A representative from the Regulatory Authority/Ofsted.
• Sometimes other relevant professionals may also be invited, for example a representative from education or health.

The Strategy/LADO Meeting will:

• Decide whether there should be a Section 47 Enquiry and/or Police investigation (Generally, the police will only want to be involved if it appears that a criminal offence has or is likely to have been committed.);
• Consider whether any parallel investigation by the fostering service should take place and agree protocols for sharing information;
• The strategy meeting will consider:
• The current allegation in the context of any previous allegations or concerns;
• Any necessary risk assessment that may be required whilst any investigation is taking place. This risk assessment will consider the safety of all children in the household (including the foster carer's own children) and whether any precautionary action is necessary to protect the children for example; consideration of whether the alleged perpetrator should be asked to leave the home while the investigation is conducted, whether the removal of all or any of the children is necessary while the investigation is conducted (any decision to remove children from foster carers will be sensitively and carefully assessed), whether additional monitoring/visiting requirements by children's social workers are recommended; and whether further placements should be suspended pending the outcome of the investigation;
• If required, explore, how the needs of any child who has to leave the placement will be met including education, contact with other children in the placement, etc.;
• Decide what information can be shared, with whom and when, including who will notify the Regulatory Authority of the outcome of the meeting if a representative is not present. This will include how * the child should be informed of the procedure to be followed and how they will be supported through the process;
• Consideration of wether and how to inform the child's parents of the allegation and the nature/detail of information; in some circumstances, the parent/s may need to be told straight away (e.g. if a child is injured and requires medical treatment);
• Confirm what information can be shared with the carer(s) whilst the investigation is being conducted and confirm when this will be shared verbally and the in writing by the designated person;
• Identify how the member of staff or foster carers will be supported;
• Decide what information can be shared, with whom and when, including who will notify the Regulatory Authority of the outcome of the meeting if a representative is not present;
• Agree arrangements for reconvening the Strategy Meeting.

The minutes of the Strategy Meeting must contain clear action points, time-scales and responsibility for each action. The immediate action points and timescales will be circulated as soon as possible  after the meeting or at least within 2 working days. 

Copies of the action points and the minutes should be held on the foster carer's records. A summary should be placed on the child's record.

Any decision to take no further action following the Strategy Meeting must be clearly recorded by the decision-maker on the child's and the foster carer's records, and reported to the Regulatory Authority.

Where the concerns have not warranted further and more serious action, other investigative routes may be identified as more appropriate at this stage, for example, the complaints process.

The actions agreed at the Strategy Meeting should be implemented by those responsible within the agreed timescales.

In anticipation of the outcome of an investigation in relation to a foster carer being reported to the Fostering Panel, the Supervising Social Worker or their manager should contact the Panel chair to consider whether a special panel meeting will be required (see: Review and Termination of Approval of Foster Carers Procedure).

The member of staff or foster carers should be advised of the allegation as agreed at the Strategy Meeting and of the process to be followed in the investigation, including the possibility that a Child Protection Conference may be convened in relation to their own children.

When an allegation has been made against a foster carer they should be given the opportunity to respond to the allegations before any final decision is made about necessary action to protect the child and other children in the household.

Any decision to suspend making further placements with the foster carer while the investigation is being conducted should be communicated in writing to the foster carer by the Designated Person.

If it is agreed that there is no criminal investigation and/or an internal investigation by the fostering service can take place alongside this then the social worker undertaking the investigation into the allegation will prepare a report on the investigation and a copy will be provided to the member of staff/foster carers and their representatives.

Confidentiality

Every effort should be made to maintain confidentiality and guard against publicity while an allegation is being investigated or considered. Apart from keeping the child, parents (where appropriate) and accused person (where this would not place the child at further risk) up to date with progress of the case, information should be restricted to those who have a need to know in order to protect children, facilitate enquiries and manage related disciplinary or suitability processes.

The police should not provide identifying information to the press or media, unless and until a person is charged, except in exceptional circumstances (e.g. an appeal to trace a suspect).  In such cases, the reasons should be documented, and partner agencies consulted beforehand.

The accused foster carer or fostering household member should:

• Be treated fairly and honestly and helped to understand the concerns expressed and processes involved;
• Be kept informed of the progress and outcome of any investigation and the implications for their registration as carers;
• Informed how they will be supported during the investigation (including arrangements for payments).

During an investigation the Local Authority or fostering Agency makes support, which is independent of their service, available to the foster carer  or fostering household member subject to the allegation, in order to provide:

1. Information and advice about the process;
2. Emotional support; and
3. If needed, mediation between the foster carer and the Agency/Local Authority and/or advocacy (including attendance at meetings and panel hearings).

For carers employed by Hillingdon council this support is provided by The fostering network (thefosteringnetwork.org.uk).

The fostering service or fostering agency must make sure any foster carers they employ are aware of the following:

• The contents of this procedure and the relevant local Multi-Agency Safeguarding Children Procedures;
• The address and contact telephone number of the independent organisation identified to provide the foster carers support (as above);
• Information regarding consulting a solicitor;
• Information on insurance arrangements for legal expenses.

If an allegation or complaint is made about a foster carer employed by Hillingdon and as a result the child/young person is moved the foster carer will continue to receive the skills and training fee element £145.10 for the duration of the investigation if the investigation is concluded within two months.

Those identified to provide support must be requested to contact the foster carer/s as soon as practicable after the /foster carers are made aware of the allegation, and explain their role. They must make clear their responsibility to report to the local authority, the Police and in some circumstances to the court if any information relevant to the investigation comes to their attention. _[1]

_{[1] Those supporting foster carers should never undertake this in a way that obstructs a child protection investigation.}

The fostering supervising social worker should also still continue to meet with the foster carer and carry out supervision meetings if appropriate and agree a plan of support for the carer. However, on some occasions this may need to be paused if it is considered this could conflict with an investigation. 

The Strategy Meeting will be reconvened to conclude the investigation. The same people will be invited and the same person will chair the meeting (usually the LADO).

The purpose of the final Strategy Meeting is to agree on the outcome of the investigation and responsibilities for any further action including reporting on the matter to the Fostering Panel (in relation to foster carers) and/or considering whether a referral to the Disclosure and Barring Service is required.

Although this will always be envisaged as the final meeting, should new information come to light further actions may be required thereby necessitating the suspension and rescheduling of the meeting.

Outcomes following an investigation

The following definitions should be used when determining the outcome of allegation investigations:

Substantiated allegations

There is sufficient evidence to prove the allegation that a child has been harmed or there is a risk of harm.

Malicious

There is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive.

False allegations

There is sufficient evidence to disprove the allegation.

There is no evidence to suggest that there was a deliberate intention to deceive.

False allegations may be an indicator of abuse elsewhere which requires further exploration. 

Unsubstantiated allegations

There is insufficient evidence to either prove or disprove the allegation. The term, therefore, does not imply guilt or innocence.

Unfounded

There is no evidence or proper basis which supports the allegation being made.

It might indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively they may not have been aware of all the circumstances.

The Chair of the meeting / discussion should make a record of the agreed outcome and share this with the fostering service/agency whom employ the carer.

Although this will always be envisaged as the final meeting, should new information come to light further actions may be required thereby necessitating the suspension and rescheduling of the meeting.

The meeting should agree who will notify the member of staff/foster carers the child, the parents, other children in the placement or involved, other relevant agencies and the Regulatory Authority (if they do not attend the meeting) of the outcome of the investigation.

Regardless of the outcome of the allegation all fostering services have a duty to inform their panel that an allegation has been made and of the outcome. The panel have a duty to monitor this, and duty to decide whether the carer should be referred to the Agency Decision Maker (ADM).

Unless the outcome is found to be false or malicious the investigation report should be presented to the next available Fostering Panel. In any event the meeting may wish to draw to the attention of Fostering Panel members certain areas of the foster carer's practice in need of their close consideration. The social worker preparing the report should consult with the chair of the Fostering Panel who will advise on who should attend the panel meeting (usually the child's social worker and the Supervising Social Worker for the foster carers) and whether or not a special panel meeting should be convened. Where appropriate, consideration should be given to additional supports, or work undertaken with the foster carers/staff member, identifying any additional training needs, etc.

Prior to the Fostering Panel, the foster carers and their representative should have seen, and had time to comment on the report being presented to the panel. The procedure to be adopted for the Fostering Panel will be the same as for any other foster carer review - see Review and Termination of Approval of Foster Carers Procedure.

In other situations, the Fostering Agency should consider whether disciplinary proceedings against staff are appropriate.

Note: as a 'regulated activity supplier', where an allegation has been substantiated and the decision is taken at fostering panel for foster carers registration to be removed or it would have been had the foster carer not resigned first, the fostering service has a legal duty to make a referral to the DBS for consideration of barring.

Where the concerns do not result in the termination of approval other recommendation such as additional training should be considered by the panel.

Where the concerns have not warranted further and more serious action, other investigative routes may be identified as more appropriate at this stage, for example, the complaints process.

Consideration should be given to holding a debriefing meeting for all involved as to the impact of the allegations and the investigation, whatever the outcome, and any necessary assistance should be made available as necessary. This will be led by the fostering service.

A clear and comprehensive summary of any allegations made against a carer, member of the fostering household, or staff member, including details of how the allegation was followed up and resolved, a record of any action taken and the decisions reached, is kept on the person's confidential file. A copy is provided to the person as soon as the investigation is concluded. The information is retained on the confidential file, even after someone leaves the organisation, until the person reaches normal retirement age, or for ten years if this is longer. A summary should be held on the child's record.

Learning lessons

The fostering service/agency and the LADO should review the circumstances of the case to determine whether there are any improvements to be made to the organisation's procedures or practice.