The Lancashire Fostering Service

Transcription

1 The Lancashire Fostering Service Foster Carer Handbook October 2011

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3 Contents Section One The Law... 8 Section Two Everyday Living Section Three Health Section Four Health & Safety Section Five Education Section Six Religion/Culture/Discrimination Section Seven Documentation/Confidentiality Section Eight Structural Arrangements and Meetings Section Nine Social Workers and Social Work Visits Section Ten Record Keeping/Paperwork Section Eleven Finance Page Section Twelve Support Section Thirteen Fostering Network Section Fourteen Training and Miscellaneous Section Fifteen Leaving Care Section Sixteen Useful Contact Addresses and Phone Numbers

4 Introduction Welcome to Lancashire s Fostering Service Handbook. We hope that you will find this book an invaluable source of information on matters relating to fostering. Our aim with this handbook is for it to assist you in your role as Foster Carers. We are indebted to you for carrying out that role and for providing a vital service to Lancashire s looked after children. As foster carers you make a real difference to the lives of children and young people offering a family for children who really need one. As a local authority we want to ensure that we provide the best possible service to children and young people in foster care and to you as a foster carer. To do this we need to provide you as a foster carer with a high level of support. For ease of reference and updating the handbook is loose-leaf and arranged in sections with detailed contents pages. It is also available on the internet via Lancashire County Council s fostering website at Uwww.lancashire.gov.uk/fostering. In order for the handbook to continue to be a useful guide, it will be necessary to update it regularly. Any comments you have about its contents will be welcomed and we would ask you to pass these to the fostering team manager in your area. Our fostering procedures have been reviewed and updated where necessary to reflect changes in legislation. As the elected member responsible for Children & Schools, I would like to thank you personally for becoming a foster carer for Lancashire County Council. By doing so you have made a commitment to providing our children with a safe, secure, stable and above all loving home. This is of critical importance for them on their journey through childhood which has for some already been difficult. In return for your giving so much of your skills and experience we in turn have a responsibility to support you. We aim to do this by providing you with regular good quality support from our fostering teams, and by giving you the opportunity to develop and improve your practice as a foster carer by offering you opportunities to develop and learn new skills, making use of the courses on offer in our annual learning and development plan. Lancashire regularly reviews the allowances you receive in order to ensure that we are providing sufficient resources to do what is a difficult and demanding job. 4

5 Thank you again for your efforts and commitment, which are greatly appreciated. I also hope to have the chance to meet with some of you at both formal and informal events over the coming months and years. Best wishes County Councillor Susie Charles Cabinet Member for Children & Schools 5

6 Our Mission is: Lancashire County Council Fostering Service is committed to working in accordance with the National Minimum Standards for Fostering Services and as such shares and embraces the values within; The child s welfare, safety and needs are at the centre of their care. Children should have an enjoyable childhood, benefiting from excellent parenting and education, enjoying a wide range of opportunities to develop their talents and skills leading to a successful adult life. Children are entitled to grow up in a loving environment that can meet their developmental needs. Stability is essential when promoting a child s long term welfare. Every child should have his or her wishes and feelings listened to and taken into account. Each child should be valued as an individual and given personalised support in line with their individual needs and background in order to develop their identity, self -confidence and self-worth. The particular needs of disabled children and children with complex needs will be fully recognised and taken into account The significance of contact for looked after children, and of maintaining relationships with birth parents and the wider family, including siblings, halfsiblings and grandparents, is recognised, as is the foster carer s role in this. Children in foster care deserve to be treated as a good parent would treat their own children and to have the opportunity for as full an experience of family life and childhood as possible, without unnecessary restrictions. The central importance of the child s relationship with their foster carer should be acknowledged and foster carers should be recognised as core members of the team working with the child. Foster carers have a right to full information about the child. It is essential that foster carers receive relevant support services and development opportunities in order to provide the best care for children. Genuine partnership between all those involved in fostering children is essential for the service to deliver the best outcomes for children; this includes the Government, Local Government, other statutory agencies, Fostering Service providers and foster carers. 6

7 Policies and Procedures Our Fostering Procedures are reviewed and updated where necessary to reflect changes in legislation, organisational skills and practice. Once finalised any significant changes affecting carers will be notified to you. Some of the policies and processes relating to fostering which have been or will be updated and these include: An updated Sexual Health policy has been agreed by all of the major organisations within Lancashire which work with young people. The supervision process for carers has been developed to include evidence of how carers meet the National Mimimum Standards 2011.The Government aims in the standards to promote the following three outcomes: The Foster carer as a parenting figure The child as an active agent for change The importance of relationshipsthe child as an active agent of change 3 The importance of relationships1. The The aim is that every child, whatever their background or their circumstances, has the support they need to: Have their wishes and feelings heard Is assisted to have a positive identity and the potential of valuing diversity through individualised care. Positive Behaviour and the making of relationships are promoted They have good health and well being Leisure activities are promoted Success in education is promoted They are kept safe There are structures in place to manage children who are missing from care Each supervision visit will now include looking at how these outcomes have been met for each child who has been placed. The process for the unannounced visit made to carers each year has also been further developed and a separate form produced. Supervising Social Workers will record who was present at the time of an unannounced visit and matters relating to the safety and well-being of the children present. All carers are to be given a welcome pack at the start of the assessment process to include key documents. This builds on existing good practice. Once approved, carers will receive a specified list of information. Our fostering website has been updated with relevant documents and information. 7

8 The Law Fostering Regulations and Standards 2011 The fostering service sets out its underpinning principles and values which are consistent with other recently issued statutory guidance. The origins of these principles can be traced to the core concepts of welfare, planning and partnership stated in the 1989 Children Act. The Children Act 1989 and The Adoption and Children Act 2002 are the major pieces of legislation which govern our work with children and families. It is not necessary for foster carers to have an in-depth knowledge about child care law, but it is helpful for them to be aware of the types of court Orders which can be made and the terminology used in working with the legislation. The basic principles of the Children Act 1989 are: The best place for children to be cared for is within their own families. The welfare of the child is paramount. Birth parents should, wherever possible, be involved in all planning and decision making affecting their children. Legal proceedings should be avoided whenever possible. The welfare of the child should be promoted by a partnership between the family and the Local Authority. Children should not be removed from their families and contact should not be ended unless it is absolutely necessary to do so for their well being. The child s needs arising from his/her race, culture, religion and language must be taken into consideration. Section One Terminology/Orders within Children Act 1989 Accommodated If a child is under the age of sixteen he/she may be Accommodated with the consent of the parents. A Local Authority may provide accommodation for any child within their area (even though a person who has Parental Responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child s welfare. If over sixteen, parental consent is not 8

9 necessary. A court order is not necessary. If a child is accommodated he or she is said to be a child looked after. Parental Responsibility (PR) This means all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to a child and his property. More than one person may have Parental Responsibility for the same child at the same time. Parental Responsibility can be held by: The child s mother The child s father if: He is married to the child s mother either at the time of the child s birth or subsequently. The court may order that the father shall have Parental Responsibility, if he applies to the court. The father and mother may by agreement (a Parental Responsibility agreement) provide for the father to have Parental Responsibility for the child. A father whose name is on the child s birth certificate was introduced by The Adoption and Children Act An adult with a residence order in respect of the child. An adult with a Special Guardianship Order in respect of the child (from 30th December 2005) An adopter The Local Authority if the child is subject of a Care Order (Section 31) or is subject to a Placement Order. If the child is accommodated the parents have full Parental Responsibility. Parents may by agreement delegate some tasks and decisions to the child s carers and these must be recorded in the Placement Information Record. Parents only lose Parental Responsibility if their child is adopted - then there is a transfer of Parental Responsibility from the birth parents to the adoptive parents. Parents continue to have Parental Responsibility for their child even if other people acquire Parental Responsibility through a Care Order, Residence Order or Special Guardianship Order. In these circumstances Parental Responsibility is shared, although in the case of Special Guardianship the birth parents rights to exercise Parental Responsibility are extremely limited. For Care Orders and Residence Orders birth parents should continue to be consulted on the care arrangements for their child, even if the child is living elsewhere. For a child who is accommodated the birth parents retain sole Parental Responsibility and must be consulted on all aspects of their child s care. Foster carers do not have Parental Responsibility. However they provide day to day parenting in terms of meeting a child s physical and emotional needs and may do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child s welfare, as may the 9

10 prospective adopters where the child is placed with them (Section 25 Adoption and Children Act 2002). Children in Need is the definition found under Section 17 of the Children Act; it includes children who are disabled or whose vulnerability is such that they are unlikely to reach or maintain a satisfactory level of health and development, or their health and development will be significantly impaired without the provision of services. Significant Harm to a child is the criteria for an application to court for a Care Order under section 31 of the Children Act. This means that the child is suffering or is likely to suffer harm and that the harm or likelihood of harm is attributable to (1) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or (2) the child s being beyond parental control. (Extract from the Children Act 1989) Harm means ill-treatment; or impairment of physical or mental health; or impairment of physical, intellectual, emotional, social or behavioural development. For example impairment suffered from seeing or hearing the illtreatment of another e.g. domestic violence. The Welfare Principle is applied to all court proceedings and means that the child s welfare is the paramount consideration when reaching any decision about his/her upbringing. There is a checklist of seven features that must be addressed to apply this principle. The ascertainable wishes and feelings of the child (in the light of the child s age and understanding). The child s physical, emotional and educational needs. The likely effect of any changes in the child s circumstances. The age, sex, background and any characteristics of the child, which the court considers relevant. Any harm that the child has suffered or is at risk of suffering. How capable each of the child s parents is, and any other relevant adult, in meeting the child s needs. The range of powers available to the court. Prejudicial Delay The court must observe the general principle that delays in decision making about a child s upbringing are likely to prejudice the child s welfare. The court must draw up a timetable for the case to avoid delay and give directions to ensure the timetable is adhered to. 10

11 Non-Intervention - also known as the No Order Principle The court should not make an order unless it is satisfied that the Order will positively contribute to the child s welfare. The court should consider whether a child s welfare can be secured by the provision of services, accommodation, a Residence Order or a Special Guardianship Order as an alternative to a Care or Supervision Order. Emergency Protection Order This is an Order by which children are removed from a situation in which they are at risk. The Order must be signed by a magistrate. An Emergency Protection Order can last up to eight days with a possible extension up to a further seven days. Seventy two hours after the making of the Order, an application for discharge can be made (if the parents were not present at the granting of the Order) by a parent, person with Parental Responsibility, the child, or anyone with whom the child is living at the time. Police Protection Order This is similar to Emergency Protection Order undertaken by the police. It lasts for a maximum of 72 hours. Interim Care Order An Interim Care Order (ICO) will often follow an Emergency Protection Order. The court may grant an Interim Care Order under the Children Act 1989 (Section 31 part 2) if it is satisfied that: That the child concerned is suffering, or is likely to suffer, significant harm; and That the harm, or likelihood of harm, is attributable to The care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or The child s being beyond parental control. During this time the parties to the court proceedings will investigate/collate evidence. The court may make a direction that the child should have a medical (physical) or psychiatric examination or other assessment. The child can refuse to consent to such examination if they are of sufficient understanding to make an informed decision. An ICO is normally made for not more than eight weeks. Sometimes further ICOs can be made which will last up to four weeks each. There should be as few Interim Care Orders as possible to avoid delay in making a final decision. It is very unusual for parents not to have contact with their child under Interim Orders. 11

12 Care Order The court will make a Care Order if it believes that a child is: That the child concerned is suffering, or is likely to suffer, significant harm; and That the harm, or likelihood of harm, is attributable to The care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or The child s being beyond parental control. The Order will state that the Local Authority must look after the child and provide somewhere for him/her to live. A Care Order gives the Local Authority Parental Responsibility jointly with the parents. The Local Authority can determine the extent to which a parent may meet his or her Parental Responsibility. The Care Order lasts until the young person reaches the age of 18, or until the child is adopted, or a Supervision, Residence Order or Special Guardianship Order is made, or the court discharges the Order. There is a presumption that parents will have contact with their children whilst in care unless there is a court Order to the contrary. While a Care Order is in force the Local Authority shall not cause a child to be brought up in any religious persuasion other than that in which he would have been brought up if the Order had not been made. No person may change the child s surname or remove him from the UK for more than a month without either the written consent of every person who has Parental Responsibility for the child or leave of the court. Contact Order This Order directs that certain persons should have contact with a child; it will also state how often that contact should take place and possibly what form the contact should take. A Contact Order lasts until the child/young person is 16 years old or until the court agrees it is no longer necessary. In exceptional circumstances it may last until the young person is 18 years old. Residence Order This Order specifies with whom the child must live. Parental Responsibility is then acquired by the person specified in the order (assuming they do not already hold it), and is then shared with the parent. This is not a permanent Order and applications may be made to the courts to request it is discharged. 12

13 Interim Supervision Order This Order may be made for up to eight weeks so that more information can be gathered. This can be extended for a further four weeks if necessary. Supervision Order This is granted when a child or young person living at home is required to have a social worker to visit to ensure they are safe. It shall be the duty of the supervisor To advise, assist and befriend the supervised child. The Order usually lasts for one year, no longer than three years and only up to the age of eighteen years. The Order can cease upon the making of a Care Order or upon the agreement of the court. Child Assessment Order This is made by the court stating that the parents or those with Parental Responsibility take the child to be assessed or examined, usually by a medical professional. Specific Issue Order The court is asked to consider and resolve a specific issue. For example, educational or medical matters in the best interest of the child. Prohibited Steps Order This Order states that certain things cannot happen without the court s permission, for example, changing the child s school or moving the child out of the country. Family Assistance Order This may be made after the separation or divorce of the child s parents. A court welfare officer or social worker is appointed to advise, help and befriend the child and their family for a period of up to six months. 13

14 The Adoption and Children Act 2002 Adoption Order Adoption is the legal process whereby all rights and responsibilities are transferred from the birth parents (and Local Authority) to the adoptive parents. Adoption Process For children who are unable to return to their birth families the potential for securing a permanent alternative family by adoption should be addressed through the child s reviews. Once an adoption plan is agreed for a child the County Council will work to achieve an adoption placement. This can be a lengthy process sometimes extending to all adoption agencies in the UK, particularly if the child has some degree of special need. Foster carers play an important role in supporting an adoption plan and preparing the child to move on. The County Council will reimburse any additional expenditure incurred by the foster carers in bridging a child to adoptive parents. A particular point to stress about adoption is confidentiality. Foster carers often facilitate contact between the children they care for and their parents and other relatives. When a child is moving on to an adoption placement, foster carers must never make known to birth relatives the identity and location of the adoptive parents. Adoption must be considered for all children at the third review. Moving Children/Bridging to Adoption It is important that foster carers are able to provide all relevant information to new adoptive parents about the child to help provide some consistency in their care. The child s social worker and your supervising social worker will help you collate information such as details of their routine, likes and dislikes, medical information and general personality traits. Twin-Tracking There are occasions when an adoption plan is considered for a child, before it has been decided whether or not a return home is possible. This is done to avoid unnecessary delay, and amidst significant concerns if it is subsequently agreed that a child cannot return home. Your supervising social worker will advise you of the Care Plan for children placed, and support you in working with the child s social worker to progress this. Foster Carer Adoptions Adoption is fundamentally different to the fostering task. Some carers, once they have experience of fostering children, decide to apply for approval as a prospective adopter. In other situations carers may foster a child for many years and then decide that they want to make a commitment to that child by adoption. Adopting a child 14

15 means taking on all the associated responsibilities, including financial. However the County Council does have a discretionary Adoption Allowance Scheme which may assist in some situations. There are different routes by which foster carers may adopt a child in their care, and there is no limitation on the period of time a child may reside with carers before applying to the court for an Adoption Order. In all cases foster carers should first discuss their interest in adopting a child in their care with the child s social worker, or Fostering Team supervising social worker. Early discussion is particularly important if the child already has an adoption plan, as consideration of the carer s situation must not seriously delay the process for the child. There is an established procedure for responding to such requests which involves discussion with managers and consideration by the Adoption and Permanence Panel. In those situations where a child has been fostered by the same carers for a long time adoption by the foster carers may be a very positive outcome for the child, providing security that even the best fostering cannot achieve. If you feel that adopting the child you foster would be the right thing to do for the child and your family, discuss your wishes with the child s social worker and your Fostering Team supervising social worker as soon as possible. A Placement Order A Placement Order is a court Order made under the Adoption and Children Act 2002 which allows a Local Authority to place a child for adoption with any prospective adopters it chooses. It continues until an Adoption Order is made or the Order is revoked by a court. Special Guardianship Order This is one of the arrangements introduced within the Adoption & Children Act Special Guardianship Arrangements are intended for children and young people who require legal security within their placement but do not wish to sever legal ties with their birth family. A Special Guardianship Order can provide a permanent placement for children and young people. Special Guardianship gives the carer clear responsibility for the care of the child and for taking decisions to do with their care. It is not the Local Authority which makes an application for such an order but individuals connected with the child or young person. If such an application is successful it results in the child being no longer looked after. In some circumstances foster carers may wish to apply for a Special Guardianship Order. The Local Authority is required to assess the need for any ongoing support which may be needed. Children s Guardian A Children s Guardian is a person appointed by the court who looks after a child s interests when an application has been made for a court Order. The Children s Guardian is not employed by the County Council. The role of the Children s Guardian is to listen to the child, birth relatives, social worker, foster carer, teacher, or anyone 15

16 else who is involved with the child and to read relevant reports. The Children s Guardian will also provide a written report advising which course of action is in the child s best interests and also will appoint a solicitor to represent the child in court. Going to Court When Care Proceedings are progressing foster carers will need to know from the child s social worker what type of application has been made to court and the parties involved. Foster carers may very occasionally be asked to give evidence in court about the foster child in Care Proceedings. The reason for this is foster carers knowledge is valued. Foster carers may be called to give evidence by the child, through his/her Solicitor, the parents or the Local Authority. Whether or not a foster carer is called as a witness, they may have a right to make representations to the court. When a child has lived with foster carers for a period of six weeks or more, whoever is bringing the Care Proceedings must include the foster carers name on the notice sent to the Family Proceedings court. This means the court can then send notice of the date and time of the Hearing so that the foster carer can make their views known to the court. The child s social worker should be informed of any contact with courts. Family court Proceedings may be heard in the Magistrates court, County Court or High Court, so foster carers need to be clear as to where the proceedings are to be heard. Procedures are fairly standard between these courts although the officials involved and the formality will vary, so it is often helpful to arrive early to be able to be shown around the court room before the case starts. Attending court can seem a daunting experience but the social worker for the child and the Fostering Team supervising social worker will offer advice and support and help in preparation before the court date. Familiarity with procedures and what is required of a foster carer will enable the carer to feel more knowledgeable and comfortable in this role. Please contact the Fostering Team supervising social worker for more information. Criminal Proceedings - Youth Court If the police think that a child aged 10 or over has committed an offence they can bring court Proceedings. They will inform the child that the facts will be reported and, if a prosecution is to be brought, it will either be through a summons to the court or a charge. In rare circumstances, the child can be detained by the police until they bring him/her to court. When the police are trying to discover whether or by whom an offence has been committed, they are entitled to question any person, whether suspected or not, from whom they think any useful information can be obtained. As far as is practicable young people under the age of 17, whether suspected of a crime or not, should only be interviewed in the presence of a parent or guardian (or if the young person is the responsibility of the Local Authority, that Authority) or a social worker or other responsible adult who is not a police officer, foster carers cannot act as responsible adults. For a child who is looked after, the Local Authority has responsibility for arranging legal representation. It is helpful if one or both foster carers are able to attend court to support the foster child. If carers are asked to give evidence, either for the prosecution or the defence, advice should be sought from the child s social worker. 16

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18 Fostering Services Regulations 2011/National Minimum Standards for Fostering Services 2011 Fostering Regulations govern how Local Authorities and Independent Fostering Agencies will operate their Fostering Services. The regulations are mandatory and the fostering service must comply with them. The standards are used by OFSTED to assist them in their decision making when inspecting and regulating the service. The service is inspected annually. The Fostering Services Regulations 2011 came into force on the 1st April of that year. The regulations are split up into sections covering the various aspects of fostering. CHILD FOCUSSED STANDARDS STANDARD 1 The child's wishes and feelings and the views of those significant to them. STANDARD 2 Promoting a positive identity, potential and valuing diversity through individualised care. STANDARD 3 Promoting positive behaviour and relationships STANDARD 4 Safeguarding children STANDARD 5 Children Missing from Care STANDARD 6 Promoting good health and wellbeing STANDARD 7 Leisure Activities STANDARD 8 Promoting educational attainment STANDARD 9 Promoting and supporting contact STANDARD 10 Promoting a suitable physical environment for the foster child STANDARD 11 Preparation for a placement STANDARD 12 Promoting independence and moves to adulthood and leaving care STANDARDS OF FOSTERING SERVICE STANDARD 13 Recruiting and assessing foster carers who can meet the needs of looked after children STANDARD 14 Fostering Panels and the fostering service's decision maker STANDARD 15 Matching the child with a placement that meets their assessed needs STANDARD 16 Statement of Purpose and Children's Guide STANDARD 17 Fitness to provide or manage the administration of a fostering service STANDARD 18 Financial viability and changes affecting business continuity STANDARD 19 Suitability to work with children STANDARD 20 Learning and development of foster carers STANDARD 21 Supervision and support of foster carers STANDARD 22 Handling allegations and suspicions of harm STANDARD 23 Learning, development and qualifications of staff STANDARD 24 Staff support and supervision STANDARD 25 Managing effectively and efficiently and monitoring the service STANDARD 26 Records STANDARD 27 Fitness of premises for use as a fostering service 18

19 STANDARD 28 Payment to carers STANDARD 29 Notification of Significant Events STANDARD 30 Family and Friends as foster carers STANDARD 31 Placement Plan and Review The Regulations have a list of schedules: Information required in respect of persons seeking to carry on, manage or work for the purposes of a fostering service Records to be kept by the fostering service Information to be obtained on prospective foster carers and other members of the household Offences that exclude people from becoming foster carers Information that should be included in the foster care agreements Information that should be included in the foster placements agreements Matters that the registered person should monitor about the service Any occurrence that has to be notified to another authority or OFSTED The Standards refer to the National Minimum Standards for Fostering Services which are issued under section 23(1) of the Care Standards Act The standards are grouped under a series of key topics and are clearly linked to the Regulations. Statement of Purpose Fitness to carry on or manage a fostering service Management of a fostering service Securing and promoting welfare Recruiting, checking, managing, supporting and training of staff and foster carers Records Fitness of premises Financial requirements Each standard or group of standards is preceded by a statement of outcome to be achieved by the fostering service provider. The Standards themselves are numbered and the full set of numbered paragraphs must be met in order to achieve compliance with the standards. They are designed to be measurable and qualitative, in that they provide a tool for judging the quality of life experienced by service users. These standards are far reaching and child-centred, they cover all aspects of the life of the foster child, not only the services provided by the fostering service. Although these standards have no formal legal status they represent best practice and as such should be complied with by fostering service providers. Fostering Inspections The fostering service is inspected by OFSTED to ensure that the standards outlined above are satisfied. Children and foster carers may be contacted by OFSTED 19

20 Inspectors and asked to participate in the inspection process. This will take a variety of forms: Questionnaires Individual interview with the child Individual interview with the foster carer Group meetings with foster carers Any queries regarding the Standards, Regulations or inspection process should be made to your supervising social worker. Standard 29 NMS 2011 Notification of Significant Events Statutory Notifications There are some occurrences that happen in foster homes that the Directorate must report to OFSTED and others. These are: Death of a child placed with foster carers Referral to Secretary of State of a person working for the service who is unsuitable to work with children Serious illness or accident of a child Outbreak of a serious infectious disease at a foster home Actual or suspected involvement of a child in prostitution Serious incident relating to a foster child involving calling the police to a foster home Serious complaint about a foster carer Initiation of a child protection enquiry involving a child If any of these occur in your foster home you are asked to inform your supervising social worker, who will notify the child s social worker and the other relevant people. If in doubt whether an incident constitutes one of the above, let us know about it, so that a decision can be made whether or not to notify the appropriate people. 20

21 Standard 3 Standard 4 Standard 6 Standard 7 Standard 8 Standard 9 Standard 10 Everyday Living Moving House/Changes in Circumstances If you are planning to move house you should inform both the child's social worker and the fostering supervising social worker as soon as possible. If there are changes to the people living in your household you should also inform your supervising social worker. Any person 16 and over living in your home will require an up to date Criminal Records Bureau check, which is renewed every 3 years. They will also require statutory checks to be carried out and these are renewable every 3 years. Any Frequent Visitors to your home may be subject to the same procedures. Damage to your Property/Insurance You should inform your insurers of your change of circumstances when you begin fostering. If your property or possessions are damaged by a child placed with you and this is not covered by your own household insurance policies, Lancashire County Council may be able to claim through their own insurers. Inform your supervising social worker if you need to make a claim (you should inform your insurers of your change of circumstances when you begin fostering). Foster carers are required to have fully comprehensive car insurance for any vehicle in which they transport the children placed. Car Safety Foster carers will be provided with car seats/booster seats appropriate for the children they are caring for and should ensure they use them at all times. Foster Carer's Car Insurance will be checked during the assessment and also at annual reviews. It is also a requirement of the local authority that you inform your insurance company that you are foster carers and your policy covers you for this role. Failure to comply with this may invalidate your insurance cover if you are unfortunate enough to have an accident whilst undertaking tasks relating to fostering. If a Child Looked After is transported by a friend or relative of the foster carer, it is the foster carer's responsibility to ensure that the car is road worthy, has a current MOT and is taxed and insured. The carer must also ensure that the driver has a current driving licence. The carer must also ensure that the appropriate car seat is provided in this arrangement. 21

22 The following table is a summary of the new rules for child car seat use in cars, vans and goods vehicles, which came into force on 18 September Front Seat Rear Seat Licensed Taxi/Private Hire Vehicle Who Responsible Child up to 3 years old Correct child restraint MUST be used. Rear facing baby seats MUST NOT be used in a seat protected by a front air bag, UNLESS the air bag has been deactivated manually or automatically Correct child restraint MUST be used The child may travel unrestrained Driver 22

23 Front Seat Rear Seat Licensed Taxi/Private Hire Vehicle Who Responsible Child from 3rd birthday up to 135 cms in height (approx 4ft 5ins) - or 12th birthday, whichever reach first Correct child restraint MUST be used. In an unexpected necessity or for a short distance child MUST use adult belt if the correct child restraint is not available or when 2 occupied child restraints prevent fitment of a third Where seat belts are fitted the correct child restraint MUST be used. If seat belts not fitted may travel unrestrained in rear. In an unexpected necessity or for a short distance child MUST use adult belt if the correct child restraint is not available or when 2 occupied child restraints prevent fitment of a third. Child MUST use adult belt if the correct child restraint is not available. Driver 23

24 Child over 135cms in height or 12 or 13 years old Front Seat Rear Seat Licensed Taxi/Private Hire Vehicle Seat belt MUST be worn if available Who Responsible Driver Passengers Seat belt MUST be worn if available Passenger aged 14 years and over In almost all cases every child up to 135 cms or the age of 12 (whichever is reached first) must use a child restraint AND drivers may not carry children as passengers just in seat belts. Children with disabilities should use child seats/boosters if possible, but there is an exemption if they cannot. The regulations also allow them to use disabled person's seat belts or child seats/boosters designed for their needs. For further information on medical exemptions from compulsory seat belt earing, please contact your supervising social worker. Type of car seat to be used for weight and age: Seat Facing Weight and Age Baby seats Child seats Booster seats Booster cushions Rear-facing Forward facing for children up to 13kgs (approx age birth to 9-12 months) for children 9kgs to 18 kgs (approx 9 months to 4 years) for children 9kgs to 18 kgs (approx 9 months to 4 years) for children 15 kgs and up (from approx 4 years) for children from 22 kgs (from approx 6 years) The penalties for not using a child restraint are a 30 fixed penalty notice and,if a case goes to court, the maximum fine is 500. These rules apply in cars,vans and 24

25 goods vehicles up to 2.54 tonnes unladen weight. It is important to remember that height is the measure to decide whether to move up to an adult weight. For example, if a child is under 135 cms in height but already weighs more than 36 kgs, the booster cushion and the adult belt should be used rather than the adult belt alone. Should you need further advice about the new law or about the suitability of equipment that you are using, please contact your supervising social worker Equipment On approval the Fostering Service will provide you with basic equipment necessary to care for children within your preferred age range of children. Any renewals of equipment other than wardrobes, beds, cot mattress have to be provided and paid for by the foster carer. All purchases must be made through the supervising social worker. Children with disabilities may also be provided with more specialist equipment; discuss this with your supervising social worker. Some items may be provided by the Health Service. Baby-sitting The Fostering Standards 2011 focus on the foster carer as being a "reasonable parent". However, if the carer knows of a suitable person who they would use regularly to have sole charge of a child in care then a CRB and local authority checks would be good practice. The baby-sitter should be informed of any special needs or health needs. No babysitter can be under 16 years of age. Where a baby-sitter is under 18 years of age they should have access to a responsible adult for advice/assistance in an emergency. Sitters should always be made aware of and spoken to with regards to the policy Managing Behaviour within foster homes and that they are aware that no young person must be subject to any form of corporal punishment or other inappropriate treatment i.e. smacking and sanctions on food/drink. It should be noted that there may be an occasion where a foster carer is unable to use a vetted babysitter because of an emergency or the unavailability of the sitters, then a none-vetted sitter can be used. If a non vetted person is used the foster carer must inform both the fostering service and the child's social worker within 24 hours. All babysitters should be known to the child prior to the babysitting arrangements. This supports the ethos of the Regulations with relation to the importance of relationships. 25

26 Carers will be sent a form and asked to provide details of their proposed babysitters and this information will be regularly updated following information provided by carers. Where a baby-sitting arrangement requires the baby-sitter to stay overnight in the foster carer s home, the carer should use vetted carers and should be satisfied that the arrangement is safe and the baby-sitter suitably responsible. Good Practice It may be that the child s birth family or friendship networks can provide a sitter who would be familiar to the child. It may be that another foster carer may be able to help or even a reciprocal arrangement made The sitter should always know how long the carer plans to be absent and it is the responsibility of the foster carer to provide written contact details for emergencies The foster carer should choose someone to baby sit who shares their own standards and approach to looking after children The baby-sitter must agree to maintain confidentiality about the child The baby-sitter should be informed about the child s routine, any behaviour management issues and likes and dislikes The proposed frequency of any baby-sitting arrangements must take account of the child s needs. For example, some children may be adversely affected by frequent changes in routine and this must be considered when arrangements are made. Choosing a Baby-Sitter When choosing a baby-sitter consideration should be given to the following in relation to an individual child: How long the child has been in placement How well the child knows the proposed baby-sitter The age and experience of the baby-sitter The complexity of the child s needs How vulnerable the child is, including any factors as outlined within the child s behaviour management plan Any risks the child may pose, including any factors as outlined within the child s risk assessment The child s own wishes and feelings The views of the child s parents (if appropriate) Any health needs of the child 26

27 Baby-Sitting Costs Foster carers will be expected to pay for baby-sitting arrangements which are made for their own leisure or social arrangements. Foster carers will be reimbursed when a carer is attending a training session. Children Looked After Who Baby-Sit Children/young people should not baby-sit until they have reached the age of 16. Once they have reached the age of 16 they can baby-sit, subject to an assessment of suitability by their social worker. If it is proposed that a young person aged over 18 baby-sits for children within the foster home or for other children who are looked after, then he or she will be subject to the usual vetting process. The young person s social worker will further assess their suitability, in liaison with social workers for the other children and discussion with the young person and the foster carer. Overnight Stays Lancashire s policy on overnight stays states that decisions on overnight stays should normally be taken by foster carers. The arrangements for such decisions should be written into the Placement Information Record, Care Plan or Foster Placement Agreement. Children and young people should, wherever possible, be granted the same permissions as would other children/young people in the community, to take part in normal and acceptable age appropriate activities. Judgements should be based on a reasonable assessment of risks. However, it is expected that you/foster carers get to know the child in placement well before allowing overnight stays and also the family/friend with whom they intend to stay. The child s social worker and parents should also be consulted as to the appropriateness of this. It may be more appropriate to invite a child s friend to stay at your home if you are unsure about them sleeping over. Where a young person aged under 16 wishes to stay overnight at the home of a boyfriend or girlfriend it will be his or her social worker who will make the decision. Any concerns about agreed overnight stays should be referred immediately to the child s social worker. The Lancashire policy on overnight stays gives more information about factors such as the process of decision making and different kinds of overnight stays. If you would like a copy, please ask your supervising social worker. A child s visits, including overnight visits to any of his or her family members will be agreed by the child s social worker or a social work manager and not by the foster carer. Changing a Child s Name Foster children sometimes ask to use the carers family name. There are a range of reasons for this, some negative e.g. the stigma of being in foster care, and some are 27

28 positive e.g. a wish to be seen as part of a new family. Another reason may be that the child/young person does not have to explain themselves to people they are meeting for the first time. Foster carers are not allowed to change the surname or the first name of a child placed with them. It is important that the implications of name change are fully discussed and understood by the child, the child s parents and relatives, the foster family and the social worker. Foster carers should therefore seek advice from the child s social worker or Fostering Team supervising social worker. Life Story Work Children who live with their birth families have the opportunity to know about the past events in their lives. Children separated from their birth families are often denied this opportunity; they may have changed families, social workers, homes and neighbourhoods. Their past may be lost, confused and much of it forgotten. All children are entitled to accurate information about their past and their family. When children lose track of their past, they may well find it difficult to develop emotionally and socially. If adults cannot or do not discuss their past with them, it is reasonable for children to assume that it may be bad. Life story work helps to give a sense of identity to children separated from their family. Compiling facts about the child s life and the significant incidents and people in it helps them to begin to understand and accept their past and move forward into the future. It is, therefore, especially important to children who are adopted or permanently separated from their birth families. Many children separated from their families blame themselves and believe they must be unlovable or are worthless, but a suitably worded version of the truth can increase a child s sense of self worth. Life story work gives the opportunity to show them why they should be proud of themselves, and this positive attitude should be evident in any life story work. The work can be emotionally demanding for the child, and should not be undertaken lightly. Foster carers can play a significant role in the compilation of a Life Story Book and can therefore be a source of help to the social worker. The time spent with the foster carer s family is also important and should be included in the book. It is essential that carers collect written and photographic records of events which occur during the placement. Remember to keep safe any items belonging to the child such as certificates, art work, birthday cards, gifts or items from the child s birth family. Some of the above information will also be useful for the child s social worker who prepares a later life letter for children who are adopted. Life Story Book Carers may be asked to help make the children they are caring for a Life Story Book. Your supervising social worker or the child s social worker will help you with this. 28

29 Some suggestions for the contents of a Life Story Book Birth certificate or a photocopy. Information about the child s birth, photograph of birth hospital Photographs of birth parents, siblings, extended family and any details and information available An explanation of why the child is separated from his/her family Information about visits with birth parents A flow chart to help clarify the moves and changes in the child s life Photographs of previous foster carers Photographs of favourite activities, holidays, birthday and Christmas Anything else which the child feels is important Information about Life Story work can be obtained from the child s social worker or Fostering Team supervising social worker. Advocacy It can be hard for young people who are looked after to speak up for themselves. Advocates work with young people to help them to say what they think, to put forward views and concerns when they feel unable to do so for themselves. In Lancashire there is an advocacy service which provides trained advocates to help young people who are looked after to have their say and to make sure that their voice is heard. If a young person you are caring for feels that he or she would like an advocate to help then contact can be made with the Children s Rights Service (details at the back of this handbook). Alternatively, you, or the young person, could ask your supervising social worker or the young person s social worker to put the young person in touch. Belongings Foster children may arrive at the home of a foster carer with items of clothing, toys or other possessions which do not seem very valuable. These possessions are the child s link with their separated family and will be important to them they should be treated with respect and foster carers should make sure that these, and other possessions, move with the child to any other placement. Photographs are particularly important. Your supervising social worker or child social worker will provide luggage for children placed with you. It is important, whatever the circumstances under which a child leaves, that their belongings are moved in appropriate suitcases or holdalls. In no circumstances, should a child move with their belongings in bin bags or similar containers. Participation It is important for children and young people who are looked after to be able to influence the way in which children s social care services in Lancashire are delivered to them. In Lancashire one of the ways in which we aim to help young people to become involved is through the Children in Care Council (CICC). The CICC 29

30 representative may get in touch with the children in your care from time to time to encourage them to talk about their experiences and to make sure they are listened to. She/he can visit young people or they can go to local groups. The CICC arranges or is involved in different ways of helping children and young people to contribute and put forward their views: The Vibe This is a magazine for Lancashire s children looked after and children and young people are encouraged to contribute. The magazine is distributed quarterly. Young Person s Panel This is a group of young people who meet together to discuss issues that they feel need to be looked at with a view to change or comment. Views from the Panel are forwarded to the Corporate Parenting Board. Corporate Parenting Board When a child becomes looked after the County Council has "corporate responsibilities for parental tasks". This is known as "corporate parenting". The collative responsibility of the Council to prioritise the needs of children in care and seek for them the same outcomes any good parent would want for their own children. The Corporate Parenting Board meet regularly and is attended by councillors children and young people who are looked after, foster carers, adoptive carers, health representatives and managers of the Directorate for Children and Young People. The Board: Works to secure high aspirations and stable relationships for all children looked after Works to ensure the voice of children looked after are heard on both policy and the services they receive. Oversees and monitors the performance indicators for health well being and education of looked after children Considers the outcomes of regulatory visits and inspection reports on provision of children looked after Celebrates the achievements of children looked after and their carers Area Youth Groups This is a new development which is being progressed and involves the opportunity for children looked after to meet in a small group and get involved in looking at things which affect them. This could be by the use of drama, art or other creative activities. If you know a child or young person who would like to be involved in any of these initiatives please contact the Children in Care Council Officer whose contact details are available at the end of this booklet. 30

31 Standard 3 National Minimum Standards 2011 Promoting Positive Behaviour and Relationships This standard is linked to good parenting supported by expectation of training for foster carers on Behaviour Management, additional support when coping with particular challenging behaviour. Behaviour Management is placed in the context of developing positive relationships. Behaviour Management and Restraint A new policy has been developed which offers information and advice to carers about behaviour management. There are some principles which are important for carers to consider when managing behaviour. These are: Seek to reward good behaviour Try to be non-confrontational Work to form good relationships with children based on respect for each other Have clear house rules which everyone knows about and which are the same for every child within the home NB This links to the Safer Caring section, see later in this handbook Be aware of the life experiences which children bring and understand their effects Only use sanctions when you have to, not routinely Take advantage of training offered which looks at how behaviour develops and how to deal with it Work with others from different agencies as well as Children's Social Care Each child is different and must be treated as an individual and the aim is for poor behaviour to be managed positively and consistently. Wherever possible it is better to reward good behaviour than to concentrate on behaviour which is not acceptable. Sometimes other agencies, such as health and education, can help with advice and strategies for managing behaviour. Occasionally it is necessary to use sanctions and carers need to know what they can and cannot use as sanctions. The following actions are allowed: More house chores, loss of privileges, more supervision or reducing leisure activities 31

32 Using pocket money or savings to pay for repair of damage or replacing a loss. This can be for all of the loss/repair or some of it but children must not be deprived of more than two thirds of their total spending money for the week Confiscation (temporarily or permanently) of any article or substance if it is felt that this could be potentially dangerous or could injure someone or someone's property The following actions are NOT allowed: You must not use any force as a punishment including slapping, pinching, squeezing, shaking, throwing missiles, rough handling, punching or pushing in the heat of the moment even if this is in response to violence from young people Use any punishment or treat a child in any way which is humiliating, including making a child wear different or unsuitable clothing Refuse meals or deprive of food and drinks, deny a child the amounts and range of foods and drink normally available to them (unless this is on medical advice) Use accommodation to physically restrict the liberty of a child Restrict contact to and from family and friends this includes an independent visitor, advocate, any officer appointed by CAFCASS, a solicitor, social worker, independent person for complaints and any person representing OFSTED Intentionally deprive a child of sleep Impose any fines (except where this is to pay for repair or loss see paragraph above in actions which are allowed) Conduct intimate physical searches, although occasionally (not for punishment) you may need to search a child's clothing if for example it is thought he or she may have a weapon. If you think a child may have drugs in his or her possession then you must consider notifying the police, following consultation with the child's social worker Allow other children or young people to consider or administer any kind of punishment to the child Any threat to use any of the things above. Risk Assessment and Behaviour Management Plan A risk assessment should be completed for each child within their placement planning meeting. Where behavioural issues have been identified or predicted a behaviour management plan should also be completed. Information from the child's 32

33 risk assessment and behaviour management plan will outline any known behavioural issues and agreement on how these should be managed. Resources and Training Available to Foster Carers As foster carers you receive information about behaviour management in a variety of ways: 33 During assessment in the Skills to Foster preparation course National Vocational Guidance training, level 3 (for Fostering Focus carers) contains relevant material _ The opportunity to discuss issues of behaviour management (general and specific) with supervising social workers and social workers for children _ The Fostering Network produces a suitable leaflet, "Managing Behaviour" Post Approval Training Courses Physical Intervention Foster carers have broadly the same rights and responsibilities as a parent would to promote a child's welfare, safeguard a child from negative influences and protect others from harm. It is recognised that foster carers who have day to day care of a child or young person will from time to time need to exercise control in a way which safeguards and promotes the welfare of the child. There may be circumstances where a child or young person may be at risk of committing harm to themselves or to other people, whether intentionally or not. In such situations, certain non-restrictive physical interventions may be necessary. (See below Touching, Holding and Obstructing). Physical Intervention means the direct contact between one person and another. The normal physical contacts as would be expected between good parents and their children are expected between foster carers and the children they look after. The following physical interventions can be used by foster carers, subject to an individual child's circumstances and needs, but not as a matter of routine and only if absolutely necessary to a situation to safeguard the child or another person. Essential required good practice relating to physical intervention The permissible types of non-restrictive physical intervention which involve the physical involvement of foster carers are described. They are not intended to be progressive and failure of one method should not necessarily automatically lead to the next. The type of physical intervention used will always depend upon and need to be in keeping with the circumstances including the age, competence and nature of the child and the potential risks involved. Wherever possible, physical intervention should be guided by a risk assessment and behaviour management plan.

34 Any intervention should always be preceded by clear verbal instructions and warnings of the consequences of ignoring them and then accompanied throughout by attempts to talk down and calm the incident until any risk has passed. It is always important to avoid any action that may escalate the situation. Physical intervention should only be used when required by the particular circumstances prevailing and never as part of a general regime. Consideration must be given to the health and cultural background of each individual child/young person before intervening. Touching Carers should be able to express "parental affection" towards children and young people in their care and to provide comfort to ease distress. This may include a hug or friendly arm on the shoulder etc. Carers need to be mindful that a proportion of children and young people who are looked after have experienced sexual and physical abuse. Therefore carers need always to be cautious and ensure that any physical contact is not misinterpreted. The family "safe caring" policy should give parameters of acceptable behaviour within the foster home. Reference should be made to the "safe caring statement" and any relevant background information about the child. Carers also need to be aware of issues of age and gender and to be clear on when it is not appropriate to touch a child or young person. Carers should ensure that care is taken not to touch a child or young person in any way they are uncomfortable with as certain physical contact may be open to misinterpretation. Where a carer is concerned that behaviour may have been inappropriate, they should discuss their concerns with their supervising social worker. Children and young people who have been sexually abused may exhibit sexualised or inviting behaviour. Carers need to remain aware of their role and acknowledge any issues such as behaviour that arises for them, seeking advice and guidance from their supervising social worker. Obstructing A carer may use his/her physical presence to stand in the way of a child who is ignoring instructions or losing control, or to obstruct an exit and, thereby, create an opportunity to express concern and remonstrate and reinforce the instruction. However, obstructing must: Be likely to be effective by virtue of the overall authority of the carer rather than simply his/her physical presence, and be used in the general context of trying to 34

35 engage the young person in discussion about his/her behaviour and its implications, and Be discontinued if the young person physically resists. Should this occur a decision will have to be made as to whether some other form of permitted intervention is justified and necessary. The effect of the obstruction may be to restrict a child s movement around the room or building. This is acceptable only so long as the duration of the restriction does not extend into hours, unless in the case of a young child, or child with severe learning disabilities the potential danger of, say leaving the home, is real and obvious and there is a need to provide close supervision to prevent injury or risk of significant harm. Holding This should involve no more than a hand placed on an arm or shoulder or leading a child by one or both hands and/or possibly by the flat of one hand placed against a child s back in order to guide him/her to some other place or activity. This may be necessary: To avoid external danger (for example holding a young child s hand while crossing the road). To divert a child from destructive or disruptive behaviour. A child may be successfully diverted from destructive or disruptive behaviour by being led away by the hand, arm, or by means of an arm around his or her shoulder. Again, children having a minor argument or a fight, which in itself is not likely to cause serious harm, but is nonetheless disruptive and detrimental to the well-being of other children, may be successfully separated by being held firmly and guided away. Holding is more likely to be helpful for foster carers looking after younger children. Particularly for those whose behaviour is unlikely to respond to verbal influence alone. However, even young adults may be successfully engaged by a hand placed firmly on the arm or shoulder to reinforce the attempts of carers to reason with them, or to emphasise the concern felt for them. Foster carers should adopt the following principles when dealing with children in this way: Whenever possible, the carer involved should have an established relationship with the child and should explain to the child what she/he is doing and why Holding should not arouse sexual expectations or feelings, and should cease if the child gives any indication of this 35

36 Carers should be careful where they hold children. For instances, carers should be careful not to hold a child or young person in such a way that involves contact with breasts or genitals If on any occasion the child forcibly resists or clearly objects, then holding should no longer be used as a method of physical intervention for that particular child. Should the foster carer feel unsure about any responses to a child's behaviour he or she should consult with the supervising social worker, the link worker, the Emergency Duty Team or with the out of hours' Advice Line. The telephone number for the Advice Line is Recording Physical Intervention Where physical intervention has been necessary foster carers must make a written record The social worker and supervising social worker should be informed as soon as possible so that the child can be seen Children, young people and foster carers will afterwards receive additional support, when needed Restrictive Physical Intervention (Restraint) Not Allowed by Foster Carers Restrictive physical intervention (restraint) is where there is use of force with the intention of protecting a young person from harming him/herself or other or seriously damaging property. You must always discuss any issues you have about managing behaviour with your supervising social worker, who will advise and take appropriate action as required. FOSTER CARERS ARE NOT PERMITTED TO USE RESTRICTIVE PHYSICAL INTERVENTION (RESTRAINT) Safer Caring Standard 4.6 NMS 2011 Safeguarding Children Foster Carers are trained in appropriate safe care practice, including skills to care for children who have been abused. One of the most important roles of a foster carer is to provide a safe environment for a child in their care. Carers need to consider ways of making the care they provide as safe as possible. Safer caring means: 36

37 1. Keeping the foster child safe from all forms of abuse 2. Keeping any child in the foster home safe from harm from other children 3. Keeping members of the foster family safe from false allegations of abuse Children or young people can be abused in foster care and all types of abuse, physical, sexual, emotional and neglect, may occur. In order to make the foster home a safe place for everyone it is important to have a clear set of home rules which identify behaviour that is unsafe so people in the family can avoid situations that increase risk to children or themselves. This is particularly true with sexual issues. All foster carers have to be careful about how their behaviour might be interpreted. Foster carers own children must also be part of any safer caring approach. Foster carers should have an awareness of safer caring issues connected to internet and mobile phone usage, both by themselves and the young people in the household. Safer caring practice should be discussed with the allocated supervising social worker and a Safer Caring Policy produced. The Internet Mobiles and Messaging As foster carers you need to be aware of the risks associated in young vulnerable children having unsupervised use of these forms of IT equipment. Social Networking Sites are used by some children and their families as a means of contact. This can be disruptive to placements and put children in an unsafe situation. The management of the young person's use of these technologies needs to be a balancing act between extremes. Discuss with your supervising social worker if you have any concerns relating to a young person accessing social networking sites or chat rooms that may be unsafe. Foster Carers, the Internet, Mobiles and Messaging Foster carers sign a confidentiality clause in the Foster Carer Agreement. Under no circumstances must your role as a carer or any of the children you look after be discussed or disclosed on any IT systems. Photographs of children and young people should not be shared on any IT system. Useful websites are and also The Local Authority offer training to carers regarding the management of social networking sites. Children's Charter 37

38 Children and Young People now have a Charter which gives a commitment to them about how they will be communicated to & looked after. The Charter also outlines some of the expectations that the social work teams have about how young people will communicate. The Charter came about following representations made by young people. Some main points are: Children can expect to be treated with respect When children leave a message their social worker will return their call as a priority Where children don't get the response they are expecting they will be told how to complain Children will be notified in advance if they are going to be given a new social worker Children can expect their social worker to try to talk to them first to see how things are going before they talk to carers 38

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