What is private fostering?
Private fostering applies when a child under 16 (under 18 if disabled) is cared for and provided with accommodation by someone other than a parent, or person with parental responsibility, the local authority or a relative, and the period of care is intended to last for more than 28 days.
The Children Act 1989 (Sec 105) defines a relative as a grandparent, brother or sister, uncle or aunt (full or half blood) and stepparent.
What are parents/ carers and private foster carers required to do?
A person who is intending to foster a child by private arrangement is required to notify the Children’s Services directorate not less than 6 weeks and not more than 13 weeks before they receive the child. The responsibility for notification also applies to the parent/person with parental responsibility. Any person receiving a child in an emergency or already caring for the child must notify the directorate no later than 48 hours after the arrangement begins.
If the child moves, the former private foster carer must notify the Children’s Services directorate in writing within 48 hours stating the name and address of the person to whom the child has moved. This responsibility also applies to the parent/person with parental responsibility.
If parents or carers have been unaware of what they should do and have a child/young person who is privately fostered, they must now contact the Local Authority to advise them of the arrangement.
What are other professionals who are aware of private fostering arrangements required to do?
Teachers, health staff and other professionals should notify the Children’s Services directorate in the local authority of a private fostering arrangement that comes to their attention. Contact details are below.
What is the local authority required to do?
Where the child is living outside of the family (as defined in s.105 CA1989) then this will constitute Private Fostering and there is a responsibility (under Sec 66 -71 CA1989) on the local authority to assess, register, monitor and support where necessary.
The Local Authority also has responsibilities under the following:
Children (Private Arrangements for Fostering) Regulations 2005
Replacement Children Act Guidance on Private Fostering
The local authority has a responsibility to increase public awareness about Private Fostering. An information leaflet is available to download ( 94kb).
Following receipt of notification about a private fostering arrangement, the Children’s Services directorate must be satisfied about the proposed arrangements, including duration of the arrangement, the wishes and feelings of the child, the suitability of the proposed accommodation, the suitability of the proposed private foster carer and other members of their household, that arrangements for contact with parents are agreed and are satisfactory, satisfactory financial arrangements have been made, arrangements for the child to receive medical and dental care are made, the child’s education has been arranged, and agreement is in place over what aspects of care will be delegated to the private foster carer.
What happens next?
A Social Worker will make an initial visit to the private foster carer and the child within the first week of the placement. An assessment of the private foster carer’s ability to meet the child’s needs will be completed within 6 weeks of the initial visit. When the assessment is complete it will be considered by the appropriate team manager and service manager for approval. Visits by a social worker must be made at 6 weekly intervals (or more frequently) in the first year. Thereafter visiting is at 3 monthly intervals. All Private Fostering arrangements will be reviewed regularly.
A register of Private Fostering arrangements will be maintained by the Children’s Services directorate.
Certain people are disqualified from private fostering for example someone who has been convicted of an offence involving a child or has had a child removed from them.
Who to contact for more information:
Children’s Services
Cassaton House
Sunderland
SR1 1RR
Tel: 0191 520 5555