Private Fostering Practice Guidance

1. Introduction

There are occasions where a child or young person may need to live with people other than their parent(s) or direct members of their family. This can be a positive experience for children and young people, providing access to new opportunities, and can help alleviate pressures on families. Victoria Climbie was brought to the UK in April 1999 as a privately fostered child. Victoria died in February 2000 as a consequence of abuse she received during her time in the UK. In the enquiry in to Victoria’s death, Lord Laming highlighted concerns about children in Private Foster care. Since the report, guidance on the duty of local authorities to safeguard privately fostered children and to improve awareness and notifications of Private Fostering arrangements has been issued. This document provides guidance and advice to practitioners in relation to Private Fostering, outlining the responsibilities of practitioners across agencies and timescales for actions.

The Children Act 1989 Section 66 defines a 'privately fostered child' as:

A child who is under 16 years, or 18 if disabled, who is cared for and provided with accommodation in their own home by someone other than:

his or her parent
another person who is not his or her parent but who has Parental Responsibility for him or her
a child's relative - defined by the Children Act 1989 Section 105(1) as a grandparent, brother, sister, uncle or aunt (whether of full or half blood or by affinity (marriage) or civil partnership), or step parent

And the child has been or is intended to be cared for and accommodated by that person for 28 days or more.

This could be an arrangement by mutual agreement between parents and the carers or a situation where a child or young person has left home against their parent's wishes and is living with a friend and the friend's family. In a private fostering arrangement, the parent retains parental responsibility for the child or young person.

A child is not privately fostered if they are cared for in any of the following:

children's residential home/unit
achool in which the child is receiving full-time education - residential or boarding school (but see 2.1 below in relation to school holidays)
NHS hospital where the child is a patient for 28 days or more
residential care home, nursing home or psychiatric nursing home or in a home/institution provided, equipped or maintained by the secretary of state

Nor is a child privately fostered if:

the child is looked after by the local authority
placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency in line with adoption legislation
if a period of care lasts for 27 days or less but if it is intended that further periods are planned which total 28 days or more then private fostering procedures apply
a break for a short period e.g. a weekend would not affect the total calculation of the number of days of placement. Such a break does not constitute the end of a private fostering arrangement
children under the age of 8 years cared for continuously for a period up to 27 days, which includes overnight stays, are subject of child minding regulations. (Note), if this timescale is exceeded then this becomes a private fostering arrangement. The calculation of whether this period exceeds 27 days includes weekend and short stays that together total 28 days or more over a 12 month period

A person who from the outset intends to foster a child for 28 days or more becomes a private foster carer on the day on which the child is first cared for.

Examples of private fostering arrangements include;

children (sometimes very young) where a parent is unable to care for them because of chronic ill health or where there are alcohol, drug or mental health issues. Sometimes the parent may be in prison
adolescents temporarily estranged from their parents
living with family friend due to family crisis
refugee and homeless children
children in service families where parents are posted overseas
children from overseas where parents are not resident in this country
children from abroad who attend a language school or mainstream school in England, staying with host families

A private foster carer becomes responsible for day to day care which promotes the safety and welfare of the fostered child. Overarching responsibility for the safety and wellbeing of a privately fostered child remains with the parent or person with parental responsibility. Parental responsibility is not transferable.

Children's Services are required to satisfy themselves that where private foster care arrangements are made, they are safe and satisfactory in every respect, and meet the needs of the child. This decision is determined through an assessment of the arrangement, which includes a DBS check of the private foster carers and any household member ages 16 or older.

Where a child is privately fostered they do not become a 'Looked After' Child.

Where it is unclear whether a care arrangement for a child or young person is, or is not a private fostering arrangement, discussion should take place with the Designated Manager for Private Fostering Jess Markwart.

2. Private Fostering - Specific Circumstances

2.1 Schools/Sports Academies

Where a child under 16 years is a pupil at a school or sports academy and lives at the school during school holidays for a period of more than 2 weeks, (s)he should be regarded as a privately fostered child.

The person who proposes to care for one or more children at the school will be treated as a private foster carer. They must give notice to Children's Social Care via York’s Multi-agency safeguarding hub (MASH) giving the estimated number of children concerned.

Where a child ceases to be privately fostered the school shall give written notice to Children's Social Care via MASH.

On other occasions a parent may make arrangements for children from abroad who are being educated in this country, to be cared for by friends or family or 'host' families during weekends and school holidays. These arrangements may constitute private fostering if they are to be for more than 27 days during a year and are not with relatives as defined by the Children Act 1989.

Guardianship organisations who arrange placements with ‘host’ families have a duty to notify Children's Social Care via MASH if the placement is intended to last for more than 28 days. Children's Social Care key relationship is with the child and private foster carer in these circumstances and not the organisation.

2.2 Summer Schools

When an organisation arranges a summer school where children are to stay either at the school or with host families for 28 days or more this constitutes a private fostering arrangement and Children's Social Care via MASH should be notified by the school or the organisation.

2.3 Language Schools

Children attending language schools that are cared for by 'host families' for a period of 28 days or more, should be regarded as a privately fostered and Children's Social Care via MASH be notified.

2.4 Cultural Exchange Visits

Children often come to this country on cultural exchanges arranged by their schools. In these circumstances children often stay with 'host' families and these arrangements may come under the remit of private fostering.

The schools arranging these visits should formally notify Children's Social Care prior to the arrangement starting.

2.5 Children Accessing Medical Treatment

Children sometimes come to this country to access medical treatment and are sometimes unaccompanied. Parents or other organisations may have made arrangements for the child's care which constitutes private fostering. The parent and organisation have a duty to inform Children's Social Care for the relevant area, it is also expected that health professionals will make the necessary notification in these circumstances.

A child from overseas, who is resident in the UK lawfully and for a settled purpose, may apply to register with a General Practitioner, or their parent or Private Foster Carer may do so on their behalf. Children are eligible for free emergency care at hospital, regardless of their immigration status. A child who is being privately fostered may or may not be chargeable for NHS hospital treatment, depending on the exact circumstances of their stay in the UK. A child who, for example, enters the UK on a visitor’s visa, but then remains beyond the validity of that visa, being privately fostered while his parents return to their home country, would not be here legally and could, therefore, be charged for NHS hospital treatment.

3. Awareness Raising of Private Fostering Notification Requirements

The Children Act 2004 places a duty on local authorities to promote public awareness in their area of the statutory notification requirements regarding private fostering. In York awareness raising and communication will be undertaken as a partnership and using a range of media, including posters, leaflets, and web articles and training opportunities. There is a multi-agency steering group, a statement of purpose and an annual report sent to the City of York safeguarding children partnership executive.

Copies of the most up-to-date awareness raising publicity are available on the Children’s Social Care Procedures Forms Library or from the CYSCP Private Fostering webpage.

4. Multi Agency Responsibilities

If a professional becomes aware of a private fostering arrangement or an intended private fostering arrangement they must encourage the parent or carer to notify York MASH of the arrangement. Where it is felt that the arrangement has not, and will not be notified, the professional should contact York MASH directly. There will not be a breach of confidentiality, and it may help to safeguard the welfare of the child/ren concerned

5. Making arrangements

Any parent proposing to have their child looked after by someone other than a close relative for more than 28 days, or a Private Foster Carer who is proposing to look after someone else’s child, must notify the Children and Families Service at least 6 weeks before the arrangement is due to begin or as soon as arranged if less than six weeks. A person who proposes to accommodate a child or children at school in circumstances in which some or all of them will be treated as Private Foster children must give written notice of his or her intention to the Local Authority, stating the estimated number of children, not less than 2 weeks before the arrangements begin.

Notification should be made initially to City of York Multi Agency Safeguarding Hub; Safer Children York

6. Immediate Actions upon Notification

As soon as a Local Authority becomes aware of a proposed arrangement to privately foster a child or young person within their area, or where a child or young person is being privately fostered within their area, the Local Authority must assess the suitability of the arrangement.

Where a child or young person already has an allocated Social Worker, then the private foster carer, those with parental responsibility or any professional working with a child or young person must contact the Social Worker to notify them of the arrangement. The allocated Social Worker will be responsible for carrying out an initial visit and private fostering assessment.

Where a child or young person does not have an allocated Social Worker, including those children receiving support from the Child in Need Service, then the private foster carer, those with parental responsibility or any professional working with a child or young person must contact ([email protected]) to notify the Local Authority of the arrangement. A Social Worker will be allocated to carry out the initial visit and undertake the Private Fostering Assessment.

Whilst local authorities do not formally approve or register private foster carers, they have a duty to satisfy themselves that the welfare of a privately fostered child or young person within their area is being safeguarded and promoted.

The Private Fostering Arrangements for Fostering Regulations (2005) Regulation 3 require that:

any person who proposes to privately foster a child must notify Children's Social Care for the relevant area of the proposal at least 6 weeks before the date on which the private fostering arrangement is to begin or immediately if the arrangement is to start inside 6 weeks or has already started
any person, parent or person with parental responsibility who is involved in arranging for a child to be privately fostered must notify Children's Social Care at least six weeks before the arrangement is due to start or as soon as they become aware
a parent or person with parental responsibility for a child who is not involved in arranging for the child to be privately fostered but who knows that it is proposed must notify Children's Social Care for the relevant area as soon as possible after they become aware of the arrangement

Notifications of proposed, perceived or existing private fostering arrangements may come from a parent, prospective or existing private foster or from any professional or person.

If made by a professional, the notification must include as much information as possible.

The professional making the notification should inform the known parties that they have made the notification because they have a legal obligation to do so. Therefore, they do not need consent before making the notification.

Children with Disabilities:

Private fostering arrangements for children with a disability (up to the age of 18) should be assessed using the same processes as set out above.

A disabled child who has been privately fostered after the age of 16 years qualifies (even if he is no longer privately fostered) for advice and guidance until the age of 21 years in the area in which he is resident. Children's Social Care may advise, assist and befriend the young person if they request such support. Assistance may be in kind or in exceptional circumstances include financial support. This support will be provided by the relevant Leaving Care Team.

Unmarried former partners:

There may be occasions when children become privately fostered because a parent has died and the other partner has no legal responsibility for the child or is not a relative as defined by Section 105 (1) Children Act 1989. In these circumstances if the intention of the surviving partner is to continue to provide care for the child, they should be advised to seek legal advice in relation to applying for either a Child Arrangement Order or a Special Guardianship Order. The arrangement must be assessed under Private Fostering until the conclusion of legal proceedings.

Children's Social Care should make every effort to identify and contact a surviving parent, close relative or someone with Parental Responsibility.

If the surviving partner does not wish to provide care and there are no relatives who can assume the parenting role, then legal advice will be sought by the local authority to ensure the child has appropriate care.

Unmarried former partners are assessed as a private fostering Arrangement. A step-parent (via marriage) caring for a child does not constitute private fostering.

Unaccompanied Children:

Where an unaccompanied child is identified as living in, or about to enter, a private fostering arrangement a notification should be made to Children's Social Care via MASH.
Children's Social Care should make every effort to identify and contact the parent, close relative or someone with Parental Responsibility.

Children’s Social Care Responses

a) Notification where a child or young person is not yet privately fostered or is already privately fostered

Upon receipt of a Private Fostering Notification, the Local Authority must make a decision that an assessment is to be undertaken, within one working day. The Local Authority will provide to the person notifying a PF1 Private Fostering Declaration Form to be completed and returned to the Local Authority This Form requests relevant information required from the proposed Private Foster carers. Additionally, the Social Worker will commence an assessment of the arrangements using the Single Assessment document and Private Fostering Assessment Part B to record the assessment.

It is noted that it is locally determined that it is the date of the original notification, rather than receipt of the completed PF1 that will be taken to be the start date for the Local Authority to fulfil its statutory responsibilities to safeguard and promote the welfare of the child or young person subject to the proposed private fostering arrangement.

Additional to sending out the PF1, the Local Authority will make contact with the parents and proposed private foster carers to advise them that unless there is a need for the arrangement to progress on an immediate/emergency basis, the child or young person should not be privately fostered until the Local Authority is able to satisfy itself as to the suitability of the proposed arrangement and make them aware of the powers available to the Local Authority to prohibit or impose requirements on the proposed arrangements before the move of the child or young person.

b) Relevant Information Required within the PF1 from the proposed/actual Private Foster Carers

The PF1 private fostering declaration Form is a City of York Council form to be sent to the proposed or actual Private Foster Carers for completion immediately upon notification. The Private Foster carers are required to complete and return the form with as much information as they are able to provide. The PF1 requires the following information:

the full name, gender, date of birth, address, ethnicity, cultural and linguistic background, religion, known communication issues of the child or young person and legal and immigration status of the child or young person cared for or proposed to be cared for under a private fostering arrangement;
the name and current address of the child or young person's siblings (if under 18 years of age) and details of the arrangements for their care;
the name and addresses of the child or young person's parents and any other person with Parental Responsibility for them;
whether the child or young person’s parents or other person with parental responsibility has given consent for the proposed or actual private fostering arrangement;
the name and current address of the proposed or actual private foster carers and their addresses within the last five years;
the full name and date of birth of all those within the proposed or actual private fostering household;
whether the actual or proposed Private Foster and any member of their household have:
- been convicted of offences against a child;
- been convicted of any offence involving injury or threat of injury to another person;
- been subject to any disqualification and prohibitions e.g. registration as childminder refused or cancelled, or disqualification from acting as a local authority foster carer;
- been subject to any Court Orders as a result of which a child has been removed from their care;
- any occasions when their child has been accommodated by a local authority.
- had any involvement with Children’s Social Care in this or any other Local Authority
the date on which the private foster placement will start;
the intended duration of the arrangement;
the name of two referees (not relatives)

In the event of a refusal of any person to cooperate with the making of the necessary checks, the assessing Social Worker should advise the private foster carers that as the required assessment cannot be completed, they cannot be recommended as suitable.

Initial Assessment Visit within Seven Working Days of Date of Notification and subsequent Assessment of the suitability of the Arrangement

Private Fostering Regulations require that an ‘Initial Visit’ commencing the assessment must be made to the proposed or actual private foster carers within seven working days of Notification. It is locally determined that an assessment of the suitability of the Private Fostering arrangement should take no more than 45 days from the Notification.

The primary record for the assessment of the Private Fostering arrangement is the Single Assessment document. However, the Private Fostering Assessment Part B document should be used to record additional information obtained in the course of assessment. This will include a consideration of:

issues emerging from the PF1 Declaration
issues resulting from DBS Certificate of Disclosure/police checks for all adult Household Members
issues resulting from Private Fostering Home Safety Checklist
issues resulting from two non-relative references obtained

The assessing Social Worker should:

visit the premises where it is proposed the child or young person will be cared for and accommodated or is cared for and accommodated if already privately fostered;
visit and speak to the proposed or actual private foster carer and to all members of their household;
visit and speak to the child or young person it is proposed be or is being privately fostered alone, unless it would be inappropriate to do so;
speak to and, if it is practicable to do so, visit every parent or person with parental responsibility for the child or young person;
establish through assessment (within 42 days from Notification)
1. whether the purpose and likely duration of the private fostering arrangement is understood by and agreed between the parents and the private foster carers;
2. the wishes and feelings of the child or young person about the private fostering arrangement;
3. the suitability of the arrangement to meet the child or young person’s developmental needs, including the child or young person’s identity needs;
4. the suitability of the accommodation;
5. the capacity of the private foster carers to look after the child or young person;
6. the suitability of other members of the proposed private foster carers household;
7. the suitability of the arrangements for contact between the child or young person and his/her parents and any other significant adults are satisfactory, agreed and understood;
8. the suitability of arrangements between the parents of the child or young person and the private foster carers regarding finances for the care and maintenance of the child or young person;
9. the suitability of arrangements for the care of the child or young person’s health;
10. the suitability of arrangements for the child or young person’s education;
11. he suitability of arrangements for the decision-making about the care of the child or young person;
12. Private Fostering Assessment must include a DBS check of the private foster carers and any member of the household over the age of 16. A satisfactory DBS must be returned prior to the assessment being completed. Where child is already in a Private Fostering arrangement at time of notification to the Local Authority, social worker should submit a PNC check in the interim, to ensure immediate safety of the child. DBS check should still be completed in these instances.

In the event of a refusal of any person to cooperate with the assessment of the private fostering arrangements, the assessing social worker should advise the private foster carers that as the required assessment cannot be completed, they cannot be recommended as suitable. In these circumstances, the social worker must also advise the parents of the reason why they need to make alternative arrangements for the child.

Purpose and Outcome of the Private Fostering Assessment:

Ultimately, it is important that the Children's Social Care assessment of a private fostering arrangement determines:

the needs of the privately fostered child in order to determine whether they should remain with the private foster carers or should be returned to the care of their parent or person with Parental Responsibility or alternative arrangements made;
whether the child is normally resident within its area and where this is not the case establishes and makes contact with the home area;
the potential for supporting or rehabilitating the child within their own family;
a proposed plan to ensure the needs of the child are met - where the analysis indicates that the child is a Child in Need, the plan should clearly identify this and the steps to be taken to address the child's needs.

The assessment of private fostering arrangements should also identify: -

the evidence for the recommendation;
if there are any needs the arrangement cannot meet;
where an exemption to the usual fostering limit is required;
the need for any requirements, prohibitions or disqualifications.
the completed assessment should be shared with all parties and a copy provided to the parent/person with Parental Responsibility, the private foster carer and where appropriate the child

Private Fostering Assessment must include a DBS check of the private foster carers and any member of the household over the age of 16. A satisfactory DBS must be returned prior to the assessment being completed.

Where child is already in a Private Fostering arrangement at time of notification to the Local Authority, social worker should submit a PNC check in the interim, to ensure immediate safety of the child. DBS check should still be completed in these instances.

If the arrangement is assessed as suitable, a clear plan for the care of a child or young person in a Private Fostering arrangement should be formulated and agreed by all parties. The plan should cover:

duration of placement
financial arrangements
contact arrangements
how the child’s health needs are to be met
how the child’s educational needs are to be met
how the child’s emotional social and behavioural needs are to be met
how the child’s religious, racial, cultural and linguistic needs are to be met
role of parents in exercising their parental responsibility
how the placement will be monitored by Children’s Social Care

MOSAIC Requirement: For ALL children assessed as being privately fostered the social worker must record a “Non LAC Legal status” of Privately Fostered (Front page) on Mosaic. This is to ensure private fostering arrangements can be reported on in the KPI report (Privately Fostered Snapshot). Likewise when a private fostering arrangements ends the “Non LAC Legal status” must also be ended on Mosaic

If the arrangements are not considered suitable, the assessing Social Worker’s Manager should consider whether there are any requirements which should be imposed or whether any person should be disqualified or prohibitions should be imposed (See below).

The Designated Manager for Private Fostering must be made aware of all arrangements assessed as suitable or unsuitable.

7. Actions where there are concerns about a proposed or actual Private Fostering Arrangement

If the initial information indicates that the current private fostering arrangement is not safe or the child may be suffering, or at risk of suffering, Significant Harm then child protection processes should be initiated and the immediate safety of the child addressed.

Where the initial information gathering and visits identify the proposed arrangement may be unsuitable, consideration should be given as to whether any requirements, prohibitions or disqualification should be urgently implemented without any further assessment being completed
(a) Requirements
The Local Authority may impose on proposed or actual Private Foster carers ‘requirements’ including the number, age and sex of the children who may be cared for under a Private Fostering arrangement, the standard of accommodation and equipment; arrangements as to health and safety; and particular arrangements regarding the care of the children or young people. A requirement may be varied, removed or added at any time.
The decision to impose a ‘requirement’ should be made by the assessing Social Worker’s Manager in discussion with the Designated Manager for Private Fostering and Legal Services. Legal Services will serve any Notice on the private foster carer and parent and prepare for a possible appeal (Schedule 8 paragraph 6 Children Act 1989). On receipt of a Notice, private foster carers have 14 days to appeal to the Court (Schedule 8 paragraph 8 Children Act 1989).
Where requirements which have been imposed are not complied with, the Social Worker must consider whether support should be provided to ensure compliance and/or consider whether to report further to the Designated Manager for Private Fostering recommending that the private foster carer be prohibited from caring for the child.
(b) Disqualifications
DBS checks are completed on all private foster carers and household members ages 16 and over. Under the Disqualification from Caring for Children Regulations 2002 certain categories of individual are disqualified from private fostering. The main reasons for disqualification are if the private foster carer or any member of their household:

is a parent of a child who has been made subject to a Care Order;
a child has been removed from his/her care under a care order;
has been convicted of any of the criminal offences listed in the "Table of offences list" (see Section 22, Specified Offences and Private Foster Carers);
has been refused registration in relation to a children's home or has been involved with a home whose registration has been cancelled;
has been previously prohibited from private fostering;
has been refused registration in relation to child minding or day care, or has had his/her registration cancelled.

A person will normally be disqualified if they have been made subject to equivalent sanctions in either Scotland or Northern Ireland.
Where someone has been disqualified from private fostering, he/she may not Privately Foster unless they have informed the Local Authority of the disqualification and its contents. It is the responsibility of the Private Foster Carer to make the Local Authority aware of such circumstances within the PF1 Form that requests such information upon Notification of the proposed or actual arrangement or thereafter, immediately upon becoming aware of the need to do so.
If it appears that a person is a Disqualified Person and should be disqualified by the Local Authority, the decision should be made by the assessing Social Worker’s Manager in discussion with the Designated Manager for Private Fostering and Legal Services. Legal Services will serve any notice on the private foster carer and parent and prepare for a possible appeal (see Section 68 Children Act 1989). On receipt of a notice, a private foster carer has 14 days to appeal to the Court (Schedule 8 paragraph 8 Children Act 1989).
(c) Prohibitions
A prohibition may be imposed by a Local Authority upon a Private Fostering arrangement where:

the person is not assessed as suitable to privately foster a child or young person;
the premises are not suitable; or
caring for this child or young person by this person in these premises would be prejudicial to the child or young person’s welfare.

The Local Authority may prohibit the Private Foster Carer from privately fostering:

any child in any premises;
any child in the premises specified in the Notice;
an identified child in identified premises.

If it appears that an actual or proposed arrangement should be prohibited by the Local Authority, the decision should be made by the assessing Social Worker’s Manager in discussion with the Designated Manager for Private Fostering and Legal Services. Legal Services will serve any notice on the private foster carer and parent and prepare for a possible appeal (see Section 68 Children Act 1989). On receipt of a notice, a private foster carer has 14 days to appeal to the Court (Schedule 8 paragraph 8 Children Act 1989).

Limit on the number of foster children In cases where a person is privately fostering, or proposes to foster privately, more than three children who are not siblings at any one time, then that person needs an exemption from the Local Authority. If a Private Foster Carer exceeds the usual fostering limit or, where exempted, privately fosters a child not named in the exemption and in so doing exceeds the usual fostering limit he shall be treated as carrying on a children’s home. Any person who runs a children’s home without being registered in respect of the home under the Care Standards Act 2000 is guilty of an offence (see section 11 of that Act).

8. Statutory Visits to a Child or Young Person in a Private Fostering Arrangement

The frequency of visits by the child's social worker should be determined by the circumstances of the case and should take place whenever reasonably requested by the child or private foster carer. However, at a minimum a child or young person should be visited:

within 7 working days of the arrangement having commenced;
not less than every six weeks during the first year of the arrangement; and
not less than every twelve weeks after the first year of the arrangement.

The child must be seen alone by the social worker on each visit unless this is not appropriate having regard to the young age of the child or if the child does not wish to see the social worker alone. The child's bedroom should be seen on some visits.

A Statutory Visit is to be recorded on the relevant Template ‘Private Fostering – Statutory Visit Record’ and the following information should be recorded. The Regulations require the following matters are observed and discussed during a Statutory Visit (Schedule 3):
The overall purpose of all visits is to ensure that the child or young person's needs are continuing to be met within the private foster arrangement and in particular;

to observe the overall standard of care afforded to the child or young person;
to speak to and ascertain the wishes of the child or young person;
to review the purpose and likely duration of the arrangement;
to review whether that the child or young person’s needs arising from religious persuasion, racial origin, and cultural and linguistic background are being met;
to ensure that necessary arrangements for the child or young person's education are satisfactorily being met;
to ensure that the child or young person remains registered with a GP and dentist and that any necessary health care has been provided to take account of any special health needs;
to ensure that contact arrangements for the child or young person with the parents and siblings are working and meeting the child or young person’s needs;
to check how decisions are being made about a child or young person;
to check the financial arrangements for the care and maintenance of the child or young person are working;
to check that members of the household remain suitable;
to check that any requirements issued by the Local Authority are being met;
to offer advice and support to the carer, child or young person and parents as necessary or requested to ensure the privately fostered child's needs are met and their welfare is safeguarded.

9. Review of Private Fostering Arrangements

The Review of Private Fostering arrangements is dependent upon whether the child or young person is receiving services additional to the ongoing support and monitoring provided to comply with The Children (Private Arrangements for Fostering) Regulations 2005 or not. Where the child or young person is also receiving additional services under a Child in Need Plan, the Plan will be reviewed every three months in accordance with the Practice Guidance for the review of Children In Need cases. Where the child or young person becomes subject to a child protection plan whilst living in the private fostering arrangement, then the frequency
of visiting and review follows that of the child protection plan i.e. a minimum of 4 weekly. In such circumstances, the suitability of the arrangement will be reviewed and also involve the child’s parents.

Where however, there are no additional services provided to that of support and monitoring of the arrangement under the Regulations, the arrangement will be reviewed on a six monthly basis.

As in all reviews, parents, children and carers should actively be encouraged to participate and contribute to the review and planning process. It is good practice to plan for permanence for all children living away from home. It is envisaged that most arrangements will not last in excess of twelve months, as the plan will usually be for the child to return home with any support needed. When a longer term arrangement is being reviewed, the case for applying for a Child Arrangement Order or a Special Guardianship Order may be suggested to the young person, private foster carers and parents.

If an arrangement continues, the private foster carer's Social Worker should ensure that all DBS forms are renewed every 3 years.
The Review of the Plan should cover:

duration of placement
financial arrangements
contact arrangements
how the child’s health needs are being met
how the child’s educational needs are being met
how the child’s emotional social and behavioural needs are being met
how the child’s religious, racial, cultural and linguistic needs are being met
role of parents in exercising their parental responsibility
how the placement will be monitored by Children’s Social Care until the next Review

Notification of change of circumstances A Private Foster Carer must notify the Local Authority of:

any change of their address
any further offence of which they or any person who is part of or employed at their household has been convicted
any further disqualification imposed on them or a person who is part of or employed at their household under section 68 of the Children Act 1989
any person who begins to be part of or employed at their household, and any offence of which that person has been convicted, and any disqualification or prohibition imposed on him under section 68 or 69 of the Children Act 1989 or under any previous enactment of either of those sections; and
any person who ceases to be part of or employed at their household. The requirement to notify of the change of circumstances exists for the duration of the Private Fostering arrangement. Notification must be given in advance where practicable and not more than 48 hours after the change of circumstances.

If the Private Foster Carer’s new address is in the area of another Local Authority, or the Local Authority is in Scotland, Wales or Northern Ireland, the Local Authority will pass on to the authority for the area:

the name and new address of the Private Foster Carer
the name of the child who is being fostered privately; and
the name and address of the child’s parents or any other person who has parental responsibility for the child
the parent of a privately fostered child, and any other person who has parental responsibility for the child, who knows that the child is being fostered privately, must notify the Local Authority of any change of their own address. The roles of other professionals Safeguarding children who are privately fostered is broader than a Social Care function and cuts across all parts of the Local Authority, health economy, district councils and the voluntary, border agencies and private sectors. Wherever professionals become aware of an existing or proposed Private Fostering arrangement they should encourage the child’s parent or Private Foster Carer to notify the Children and Families Service. Professionals who come into contact with privately fostered children, such as teachers, religious leaders, doctors and health visitors, are required to tell the Children and Families Service about the Private Fostering arrangement so that the Children and Families Service can carry out their duty to safeguard the child. Professionals should refer the privately fostered child through the Multi Agency Safeguarding Hub.

10. End of a Private Fostering Arrangement

The End of a Private Fostering Arrangement is to be recorded on the relevant Template ‘Private Fostering – End of Arrangement’. This enables the statutory reporting on Private Fostering to be maintained accurately. The following information should be recorded.

date of Notification
name of Person making Notification
date Private Fostering Arrangement Ending/Ended
reason why the arrangement has ended
name, address and description of new care arrangements for the child or young person

Death of a child who is privately fostered Where a person ceases to privately foster a child because of the death of the child, they must notify the Local Authority within 48 hours. The Local Authority will ensure that the parent is notified as soon as possible of the death of the child. The Local Authority may need to assist the Private Foster Carer with the formalities and in any event will need to consider the implications of what has happened. Where a child has died, the Local Authority must follow the Child Death procedures outlined within the City of York Safeguarding Children Partnership’s procedures.

11. Designated Manager for Private Fostering

The Designated Manager for Private Fostering is a statutory requirement. At the point this Guidance is issued, the Designated Manager for Private Fostering is:
Jess Markwart
Head of Service for MASH, Assessment and Targeted Intervention
Children’s Social Care
[email protected]

The Designated Manager has responsibility for co-ordinating Department for Education returns and also for producing the Annual Report on Private Fostering.

Private Fostering Standards and criteria – summary

Notification to CYC of proposed arrangement by parent/Private Foster Carer

Child looked after by someone other than a close relative for more than 28 days

Private Foster Carer who is proposing to look after someone else’s child who is not a close relative A written notification should be made to the Customer Service Centre at least 6 weeks before the arrangement is due to begin

Notification to CYC of existing arrangement or emergency arrangement

Child looked after by someone other than a close relative for more than 28 days

Private Foster Carer who is looking after someone else’s child who is not a close relative The parents/Private Foster Carer should notify the Customer Contact Centre within 48 hours of learning an arrangement is currently taking place.

Notification to CYC by professionals

Professionals should encourage the child’s parent and/or Private Foster Carers to notify the Children and Families Service about planned or existing arrangements.

Professionals who come into contact with children, like teachers, health staff or Children’s Centre workers – must tell the Children’s Social Care about all Private Fostering arrangements they are made aware of.

Professionals should notify the parent and/or private foster carer of their actions in notifying Local Authority.

Private Fostering and Residential Settings

If a child is intending to remain in a residential setting outside of term time for more than 14 days, this becomes a Private Fostering arrangement

Residential settings must notify the Children and Families Service not less than 2 weeks before arrangements begin when it is known that a child will remain resident outside of term time for more than 14 days

Assessment of arrangements

A Social Worker should visit within 7 working days to see:

the child,
the child’s parents (if possible),
the Private Foster Carers, and
other members of the Private Foster Carer’s household Assessment will be made about the suitability of the arrangements within 42 working days.

DBS checks on all members of the household aged 16 or over. PNC checks can be completed in instances where a child is already in the arrangement, DBS checks must also still be completed.

Private Fostering Arrangement Suitable

Social Worker will visit the child every 6 weeks during the first year and then every 12 weeks thereafter Social Worker’s role is to:

promote the welfare of the child and
to check that the arrangements are still suitable
The Social Worker should see the child alone on each visit and will write a record of each visit
The Social Worker should make sure the child’s racial, cultural, linguistic and religious needs are being met

Changes in Circumstances

The Private Foster Carer or parent (person with parental responsibility) should notify the Children’s Social Care immediately about any change in circumstances, including:

if the child changes address
someone living in the household is convicted of an offence, or
someone joins or leaves the household

The Social Worker needs to make sure that the child continues to be looked after properly Private Foster Carers can be disqualified from privately fostering a child if:

they have been convicted of any offence involving a child
they have had a child removed from their care by a court or Local Authority
they have had their registration as a
child- minder refused or cancelled
they have been prohibited from privately fostering a child, or
they have been disqualified from acting as a Foster Carer

Private Fostering Arrangements Unsuitable

Children’s Social Care has a number of powers, in addition to their existing powers, to take action to safeguard and promote the child’s welfare. Action may need to be taken to secure the care and accommodation of the child.

Action can include:

Stopping someone from privately fostering children
Setting limits to how Private Fosterers care for children

Some people are not allowed to become

Private Foster Carers and
Others can be prohibited if they are not seen as suitable carers.

Impose Requirements or Limitations

Children’s Social Care can impose requirements on Private Foster Carers including limiting the number of children who can be privately fostered (this should normally be no more than 3) and the standard of accommodation

Where a person is privately fostering, or proposes to foster privately, more than three children who are not siblings at any one time, then that person needs an exemption from the Local Authority

If a Private Foster Carer exceeds the usual fostering limit or, where exempted, privately fosters a child not named in the exemption and in so doing exceeds the usual fostering limit he shall be treated as a children’s home.

Prohibition of arrangements

Children’s Social Care has the power to prohibit a person from privately fostering where:

a child is at risk
that person is not suitable,
the accommodation is not suitable
the child’s welfare would be harmed
someone has been convicted for offences against children, or
the care of the child is unsatisfactory

Any prohibition must be made in writing, specifying the reasons and contain information about the person’s right of appeal and time in which to do so

The Local Authority may cancel a prohibition if they are satisfied that it is no longer justified

This enables the Local Authority to respond appropriately to matters raised during the process of conducting enquiries into:

the capacity of the proposed or actual Private Foster Carer to look after the child
the suitability of their household and premises; or
to changes notified by that person

Right of appeal

The Private Foster Carer does have the right of appeal to the Family Proceedings Court within 14 days

Death of a child who is privately fostered

Where a person ceases to privately foster a child because of the death of the child, they must notify the Local Authority within 48 hours

The Local Authority will ensure that the parent is notified as soon as possible of the death of the child

The Local Authority may need to assist the Private Foster Carer with the formalities and in any event will need to consider the implications of what has happened

The Local Authority must follow the Child Death procedures outlined within the North Yorkshire Safeguarding Children Partnership procedures

Notification of the End of a Private Fostering arrangement

Any person who ceases to privately foster a child must notify the appropriate Local Authority within 48 hours

Notification must include:

the name and address of the person into whose care the child was received, and
that person’s relationship with the child

The requirement to notify the Local Authority of the cessation of the arrangement does not apply where the Private Foster Carer intends to resume the Private Fostering arrangement after an interval of not more than 27 days unless:

they subsequently abandon their intention; or
the interval expires without his having given effect to his intention

In such circumstances the Private Foster Carer must notify the Local Authority within 48 hours of abandoning their intention to continue the arrangement, or the expiry of the interval.