Policy for Allegations and Complaints for Foster Carers

Please provide the following:

Your policy and process for managing and criteria for investigating complaints made against foster carers

Your policy and process for managing and investigating allegations made against foster care workers

Your written policy and process for referring foster care workers to a fostering panel

Your written policy and process for appealing decisions made at the fostering panel

Your written policy and process for dealing with complaints made by foster care workers against the council

Your written policy and process for dealing with complaints made by foster care workers against social workers

Please refer to Devon County Councils Procedures on line – Section 5 Allegations

Additional policies and procedures are published in the Fostering Devon Handbook, available to all foster carers via the Fostering Devon website. For your convenience, please see the guidance extract below:

MANAGING SAFEGUARDING CONCERNS

Children’s safety and welfare must be promoted in all fostering home arrangements. Supervising Social Workers are to support individual foster carers to actively safeguard and promote the welfare of the Child in Care (CIC) and become aware that they have a moral obligation, a right and a duty to raise with Fostering Devon:

Any apparent instance of malpractice, negligence, or unprofessional behaviour including any situation where a child or young person in care is being abused, or their rights and dignity are being, or have been, disregarded or over-ruled, or where decisions are taken which are clearly not in their interests and put them at risk of abuse, exploitation, oppression or discrimination;
Any circumstances arising within which employment conditions or employers’ practices could place children, members of the public, foster carers or staff at risk.

Supervising Social Workers provide foster carers with information to enable them to understand their duty of care to children and to enable them to put forward suggestions which may improve the quality of service and to correct any statutory omissions, or prevent malpractice. Supervising Social Workers must support foster carers to make positive relationships with children and generate a culture of openness and trust, enabling them to be aware and alert to any signs or symptoms that might indicate a child is at risk.

Where an allegation by a foster carer is made in good faith but is not confirmed by investigation, no action is to be taken against the foster carer. If allegations are found to be malicious or vexatious, action may be taken that could result in the foster carer’s approval being reviewed. Supervising Social Workers are to advise any foster carer who is considering making a disclosure of confidential information that they consider being in the public interest, to consider seeking specialist advice.

Actions taken by Fostering Devon depend upon the nature of the concern. The matters raised may be:

investigated internally;
referred to the police;
referred to the external auditor;
the subject of an independent inquiry.

If possible, foster carers are, in the first instance, to express concerns to their Supervising Social Worker or the Fostering Team Manager. All foster carers must retain the right to consult, seek guidance and support from other foster carers, independent organisations such as the Fostering Network and from statutory bodies such as the Ofsted. Supervising Social Workers are to encourage foster carers to consult with representative bodies particularly if an issue seems likely to remain.

Concerns that fall within the scope of another procedure, e.g. complaints, or child protection or allegation against a foster carer are to be referred for consideration under those procedures (see below). The employee who receives the concern from the foster carer is to:

Take concerns seriously;
Respond urgently to any expression of concern about the well-being of, or risk to, children or young people in care or foster carers;
Consider them fully and sympathetically;
Seek advice from other social care professionals where appropriate;
Inform the Fostering Team Manager, and Child’s Social Worker and Team Manager or duty officers if they are not available.
Recognise that raising a concern can be a difficult experience.

The Fostering Team Manager is to consider consulting with:

Child’s Team Manager
Fostering Operations Manager
Human Resources, if the matter involves a staff member;
The police, if the matter is of a criminal nature.

Compliments, Comments and Complaints

Please refer to our foster carers Complaints Policy here: www.fosteringindevon.org.uk/guide/resources/foster-carers-making-complaints

The time limit for making a complaint is 12 months from the date that you became aware of the problem. Please let us know if:

we tell you we will do something, but we do nothing
we take too long to do something we have promised to do
we tell you that we cannot help you, when you believe we should
you think a member of our staff is rude or treats you badly
you are dissatisfied with any other aspect of our service.

When we receive your complaint, we will write to you within two working days informing you if this will be investigated further. You can contact Customer Service Team free on 0800 212 783, or you can find the complaints procedure: https://www.devon.gov.uk/haveyoursay/feedback-and-complaints/

Allegations Against Foster Carers

National and legal context

This guidance is written within the context of the “Working Together to Safeguard Children” documentation, particularly Appendix 5 – Procedures for Managing Allegations against People who work with Children.

It is guided by the Fostering Network publication “Managing Allegations and Serious Concerns about Foster Carers’ Practice or Standards of Care” 2006.

This guidance forms part of the Local Safeguarding (Child Protection) Procedures. The National Minimum Standards for Fostering (Fostering Services Regulations, Care Standards Act 2000) apply, particularly Standards 4 and 22. The National Minimum Standards for Adoption apply, as well as The Adoption Agencies Regulations 2005 and the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 (particularly Regulation 10).

Devon Context

Definition

This guidance seeks to differentiate between allegations, serious concerns and complaints and to guide staff in the investigation and management of each type. The child in question in each case is a child who is being looked after by the Local Authority and is either fostered or placed for adoption.

An allegation is defined as an accusation of physical, sexual or emotional abuse or neglect: for example that a carer has injured a child or that the carer or someone in the family has behaved in a sexually inappropriate way towards the child in question.

A Fostering Service or Adoption Agency may have serious concerns about a carer, which may not warrant investigation under Safeguarding Procedures, for example involving the disciplining of children, or non-cooperation with contact arrangements with the child’s family.

A complaint may involve a view about a carer’s approach to the care of a child or the way in which they respond to a child’s behaviour. For example when a child complains that they are not being fed properly or a parent complains that a child’s culture or religion is being ignored. Staff must be clear about whether the issue that they are dealing with falls under Safeguarding Procedures or whether it constitutes a Standard of Care issue. Allegations would usually be dealt with under Safeguarding Procedures. Consideration should always be given to whether serious concerns or complaints require implementation of Safeguarding Procedures. Designated Independent Safeguarding Reviewing Officers, implementing the functions of the Local Authority Designated Officer (LADO), will offer consultation to staff to assist in decision making regarding the category of referral.

Staff should be aware that any Complaint, Concern or Allegation has the capacity to be redefined after initial referral or part way through a procedure, depending on forthcoming information, and may therefore require to be dealt with under a different process. Staff need to notify Customer Relations direct at the beginning of any concern or complaint.

Scope of this guidance

Devon Foster Carers (approved by the Local Authority or an Independent Fostering Provider) and Prospective Adopters who have children placed with them prior to an Adoption Order are included in the scope of this guidance in relation to allegations. In the instance of prospective adopters who are resident in Devon but were approved by another Local Authority or Adoption Agency, workers should make immediate contact with the placing and approving agencies to agree who will lead the process of responding to the allegation. Prospective adopters approved by DCC who have a child placed for adoption by (and still in the care of) another Local Authority. Any foster carer approved by an Independent Fostering Provider would also be subject to the policies and procedures relevant to that agency, and DCC staff should make themselves aware of these.

Complaints and concerns raised in respect of Fostering Devon carers and prospective adopters would also be dealt with through the relevant DCC Concerns and Complaints Procedures.

Complaints and concerns regarding carers approved by Independent Fostering Providers, Voluntary Adoption Agencies and other Local Authorities would be dealt with under the procedures of their approving agency.

This guidance complies with the procedures for dealing with allegations against people who work with children. It offers additional elements which recognise the nature of fostering (and pre-order adoptive home arrangements) where carers look after children in their own homes, often working alone, and where the consequences of an allegation may affect their home as well as work environment.

Objective

Every CIC has the right to be protected and to feel safe in their foster or prospective adoptive home: their safety is of paramount importance. Foster carers, prospective adopters and members of their families who face allegations must be treated sensitively and fairly within a clear procedure. This guidance aims to ensure a clear process to take account of the law, national guidance and local safeguarding procedures.

Roles and responsibilities

The process of investigation of a complaint, concern or allegation against a foster carer or prospective adopter may well be complex. It is important therefore to be clear about the various roles and responsibilities of those involved.

Safeguarding Board

The role and membership of the Local Safeguarding Children Board is set down by the Children Act 2004. The Board works to co-ordinate the effectiveness of member agencies in Safeguarding. In relation to allegations against carers and prospective adopters, the direct role will be minimal, but the procedural framework in which the allegations are investigated will be set by the Board.

Designated Officer

The Local Authority Designated Officer (LADO) is a role set out in the ‘Working Together’ document. In Devon, it has been agreed that the Independent Safeguarding Reviewing Officers perform the LADO function.

In the context of Managing Allegations against carers, the LADO function includes:

Assisting colleagues to determine whether an issue raised falls under the category of Complaint, Concern or Allegation, and therefore which route should be taken for investigation/follow up
Offering consultation to colleagues through the process of risk assessment, particularly in relation to whether the child (and any others in the household) needs to move from the home or can be safeguarded within it whilst the issue is looked into.

Independent Safeguarding and Reviewing Officers

Independent Safeguarding and Reviewing Officers (ISRO) will chair the strategy meeting called to deal with an allegation. Advice can be sought from the ISRO ahead of the Strategy Meeting to help determine the route by which an issue should be dealt, i.e. Complaint Procedure, Concern Procedure or Allegation Procedure. The ISRO will chair the meeting in accordance with the practice guidance.

The ISRO is responsible for agreeing the Strategy Meeting Plan, and for arranging reconvened meetings as required to maintain the momentum of the investigation or to collate the conclusions of the investigation.

The ISRO will (as chair of the Strategy Meeting) agree a Risk Management Plan in relation to any children of the household, taking account of any protective factors which are, or could be introduced in to the household to minimise disruption to the children. (Note: the preliminary version of this assessment and plan may have already been put in place, depending on the nature and timing of the allegation.)

Carers

Foster carers or prospective adopters who are subject to allegation are likely to require additional support. Support is available through their Supervising Social Worker, the Fostering Independent Support Service and through Peer Guides. Carers facing allegation will be required to co-operate with the plans which emerge from the Strategy Meeting(s) and with any subsequent investigation. If a decision is made to remove the child or children in the home because of the allegation, the carers will be expected to assist in making this transfer as comfortable as possible for the child or children. The emotional impact on the carer is recognised and full support will be given.

Fostering Service

In relation to foster carers facing allegations, the fostering service (usually the Supervising Social Worker and Fostering Team Manager) will be responsible for:

Assisting in undertaking a Risk Assessment and (if required) Risk Management Plan regarding the feasibility of the child/ren remaining in the household
Providing a report for the Strategy Meeting including background information on the carers (caring history, any previous allegations and their outcomes, current home arrangement information)
Arranging additional support for the foster carers (and their children if relevant) throughout the process of the investigation
Facilitating the updating of the carers involved with information about the progress of the investigation in line with joint agency agreements made at the Strategy Meetings, or by the chair person and police
Ensuring that all carers are aware of sources of support and advice (e.g. legal assistance, Foster carers Independent Support Service FISS and Peer Guides) when facing an allegation
Pursuing any actions agreed in relation to the fostering service by the Strategy Meeting in relation to any internal management of the issues
Participating in a Section 47 enquiry should this be required
The fostering Supervising Social Worker will normally retain the role of link between the foster carer and the fostering service – where this is not possible, the Fostering Manager will arrange an alternative temporary worker to fulfil this role
A report of the conclusions and outcome of any investigation must be provided to the Fostering Panel; within one month, by the Supervising Social Worker, so they can make a recommendation about whether the foster carer/s is still considered suitable to foster

Adoption Team

In relation to prospective adopters with children placed, the adoption team will take responsibility for:

Assisting in undertaking a Risk Assessment and (if required) Risk Management Plan regarding the feasibility of the child/ren remaining in the household
Providing a report for the Strategy Meeting including background information on the prospective adopters (caring history, any previous allegations and their outcomes, information regarding the child/ren placed)
Arranging additional support for the prospective adopters through the process of the investigation
Facilitating the updating of the prospective adopters involved with information about the progress of the investigation in line with joint agency agreements made at the Strategy Meetings, or by the chair person and police
Ensuring that all prospective adopters are aware of sources of support and advice (e.g. legal assistance) when facing an allegation
Pursuing the actions agreed by the Strategy Meeting in relation to any internal management of the issues
Participating in a Section 47 enquiry should this be required

Approved prospective adopters who have not yet a child placed for adoption with them do not fall under this guidance – any allegation would be dealt with either via the child protection route (if the adopters have other children) or via their employment (if appropriate) or police investigation if criminal activity is alleged. A report of the conclusions and outcome of any investigation must be provided to the Adoption Panel so that they may make a recommendation about whether the prospective adopter is still considered suitable to adopt.

Social Work Teams

The child’s Social Worker is responsible for:

Collating a report for the Strategy Meeting outlining the background of the child or young person
Contributing to a Risk Assessment to determine whether the child/ren of the household are safe to remain, and any Risk Management Plan made as a result
Lead a Section 47 enquiry should this be required
Pursuing the actions agreed by the Strategy Meeting in relation to any internal management of the issues
Providing the focal point for police and other agencies to share information about the progress of any enquiry and passing this information to the fostering Supervising Social Worker
Informing parents of a child or children involved of the allegation and of progress of the investigation as determined by the Strategy Meeting (or chair of meeting in conjunction with the police)

The Child’s Team Manager is responsible for:

Liaising with the Fostering or Adoption Team Manager in collating information to enable a assessment of risk to the children in the household
Ensuring that the child’s Social Worker is aware of his or her responsibilities under this guidance, and contributing to the monitoring the progress of the investigation

Police

The Police are responsible for:

Collating the referral via the Central Referral Unit (Contact Number 0845 6051166), researching any background information and forwarding the referral to the relevant Police Child Abuse Investigation Unit for allocation
Providing a Police Manager to attend the Strategy Meeting to assess the level at which the issue should be dealt with – see National Guidance from Recommendation 93 of Laming Report
Allocating a named Police Officer to lead any resulting investigation on the next working day following the Strategy Meeting and sharing this information with the Chair of the Strategy Meeting and the relevant child’s social worker
Sharing responsibility with the chair of the strategy meeting to agree what information can be shared with the foster carer or prospective adopter and at what stages of the investigation
Explaining the process and requirements of police interviews to any carer who is to be interviewed, including the fact that the interview is likely to be recorded as Criminal Records Bureau information (and will be disclosed at future dates as a result for enhanced disclosure requests)
Keeping the Chairperson of the Strategy Meeting informed if the investigation is unduly delayed

Emergency Duty Team

The Emergency Duty Team is responsible for:

Responding to a report of an allegation against a carer by contacting a Senior Officer ‘on call’ to agree whether immediate action is required or whether it is appropriate to refer the matter to the day staff.
In cases where it is decided that immediate action is required, to agree a Risk Management Plan with the senior officer in relation to the safety of any children of the household, and to take into account any protective factors which are or which could be introduced to the household to minimise disruption to the children.

Fostering Panel

The Fostering Panel are responsible for:

Monitoring countywide statistical information regarding allegations as prepared by the Operation Manager, Fostering and contributing to service development based on analysis of this data
Considering any post investigation report and making recommendations to the Agency Decision Maker concerning any restrictions/alterations to the carers’ original approval range
Recommending reinstatement (or otherwise) – to the Agency Decision Maker – of carers whose approval has been temporarily suspended pending the outcome of an investigation

Adoption Panel

The Adoption Panel are responsible for:

Reviewing the case of any prospective adopters about whom concerns are raised prior to any child being placed with them or who have had a child removed from their care, and if necessary making recommendations or offering advice regarding their suitability in general or for particular kinds of children
Receiving reports about any prospective adopters with a child placed who experience an allegation, and subsequently considering any learning points emerging from the situation
Considering any allegation, its investigation and outcome when considering any further application to adopt by a family about whom concerns have been raised.

Independent support workers for carers

Independent Support Workers for carers facing investigation following allegations are responsible for:

Offering a listening ear and signposting carers to sources of support (e.g. legal advice)
Acting as a source of information to carers about the process of investigations and the reasons why certain steps must be taken
Offering emotional support to carers if required
At the request of the Chairperson of the Strategy Meeting(s), updating the carers with agreed information regarding the progress of the investigation
Alerting Local Authority or police colleagues to information provided by the carer which indicates a risk to any child (and informing the carer that such information will be passed on)
If required, continuing to offer support to the carers through the process of any reassessment or review of their approval at the Foster Care Panel

Prospective adopters requiring support following an allegation will be considered on a case by case basis and an individual support plan devised by the Adoption Team.

Independent Support is provided through the Fostering Intensive Support Service.

Peer Guides

Peer Guide foster carers are expected to:

Model good foster care practice, incorporating anti-discriminatory values and actions and acting in a professional manner consistent with the National Standards and Directorate procedures.
To meet all new carers in the local area; to attend local Support Groups and training and to actively encourage new carers to do likewise.
To offer support and general advice to other carers primarily by telephone. At times particularly in complex and on-going situations personal visits may be required. These commitments should not normally take place after 9pm.
To offer signposting within one’s areas of expertise and to refer carers to other carers and Directorate staff in the first instance in seeking specific advice.
To encourage carers to work with Fostering Devon staff to resolve difficulties with a view to restoring good working relationships.
To bring to the attention of the Fostering Service issues of concern about carers’ needs, standards of care, home arrangement issues and service standards, usually via the Foster Carer Strategy Group representative. To feedback information regarding strong, positive practice with a view to disseminating this to other carers and staff.
To support carers against whom allegations or complaints have been made with awareness of one’s own feelings and the risks in not maintaining neutrality.
To maintain a log of the demands made for the purposes of informing the future
development of this support. All calls will be recorded, even where carers have simply called to ‘offload’ (no specific details required). The log will be routinely copied to the Operations Manager to contribute to the full-service monitoring.

Procedural Guidance

Receipt of information regarding an allegation, serious concern or complaint against a carer or prospective adopter (with a child placed for adoption but not yet adopted).

The action to be taken when an allegation is reported is outlined in the process flow chart.

The Working Together document requires fostering providers and other agencies to consider very seriously any allegation which might indicate that a person is unsuitable to work with children in their present position or in any capacity. This applies when it is alleged that a foster carer or a member of his or her family has:

Behaved in a way that has harmed a child, or may have harmed a child;
Possibly committed a criminal offence against or related to a child, or
Behaved towards a child or children in a way that indicates he or she is unsuitable to work with children, in connection with the person’s employment or voluntary activity.

In relation to prospective adopters with children placed (where the children remain ‘children in care’ until the making of the Adoption Order) the prospective adopters will be subject to the same processes and procedures as foster carers. After the granting of an Adoption Order, the adoptive parents would be subject to Safeguarding Procedures as for any other family in the event of an allegation.

The Designated Independent Safeguarding Reviewing Officers (with delegated LADO responsibility) should be contacted without delay with details of any allegation against a carer which appears to satisfy the criteria. The Designated ISRO is then responsible for arranging contact with the police and setting up a Strategy Meeting. The strategy discussion between the ISRO and reporting officer should be recorded on the “Record of Strategy Discussion decisions following receipt of an allegation against a carer” form.

Once confirmed as an allegation (rather than serious concern or complaint) the issue will be subject to a Strategy Meeting and under the Working Together document may be considered within the context of:

A police investigation of a possible criminal offence
Enquiries and assessment by children’s social care about whether a child needs protection or in need of services
The operation of the fostering service’s procedure concerning a review of a foster carer’s suitability to foster, and the decisions of the fostering service’s Agency Panel and Decision-Maker, in accordance with the Fostering Services Regulations 2011

The Fostering Network stress the importance of not subjecting foster carers and their families to unnecessary delay whilst maintaining thorough and fair investigations.

We aim to promote a fair and honest system of investigating allegations against carers, but recognise the constraints placed upon the police in relation to evidence gathering. It is therefore important to make clear decisions and be realistic and timely in communications with carers. Carers should have access to immediate information and advice from an independent source following an allegation or issue of serious concern being raised against them.

If a child is removed from the foster carer’s care following an allegation, the foster carer will continue to receive the agreed fostering allowance for up to eight weeks. Refer to the Foster Care Fees and Allowances on the website for full information. Written notice must be given if the fostering service provider intends to terminate the carer’s approval, together with the reasons (and inviting any representations within 28 days) – this should include confirmation that any payments will cease.

The need for Adoption Financial Support should be reviewed in response to any significant change in circumstances and would always end if the child no longer had a home with the prospective adopter.

Risk Assessments

Any allegation made against a carer where there are children in the home or where the carer has their own children living at home will require a decision as to their safety in remaining in the home. Careful consideration must be given to the damage which may be inflicted on a child due to a hasty and/or unexplained move balanced against the risk that they may be subject to harm if they remain in the household.

As part of the Initial Strategy Discussion, a Risk Assessment and Management Plan might include the following issues, depending on the situation:

The nature of the allegation – for example, an allegation of serious sexual abuse is likely to require a different response to an allegation of rough handling or inappropriate chastisement
The background of the carers – what is known about their fostering or parenting history?
The background of the child making the allegation
Consideration of the situations of any other children in the household including carers’ own children if applicable
Risks to any children previously placed should also be considered, as should children in the community
The carers themselves may also be at risk
Any protective factors should be considered –for example, in a couple household, if the allegation is against one carer, could the other carer be called upon to offer supervision of the children? Are any teenage children in the household able to protect themselves?
The risks/potential damage to a child of a sudden, unexplained move, especially if that move is proposed to happen at night or where the child would not know the staff or substitute carers
Any action already taken by the fostering or adoption services, care management team or others

Practice Guidance

When the Concern/Allegation/Complaint against foster carers or prospective adopters is observed or reported to a Supervising Social Worker, that worker should make an immediate report to the Fostering Team Manager (or covering Team Manager in their line manager’s absence). The Team Manager should immediately liaise with the Team Manager for the child/ren.

It is the responsibility of the child/ren’s Team Manager to contact the LADO to discuss the information and determine whether the matter is to be dealt with under Concern, Allegation or Complaints process.

Where the Concern/Allegation/Complaint against a foster carer or prospective adopter is observed or reported to a child’s Social Worker (or that Social Workers team) that worker (or Duty Officer) should make an immediate report to their Team Manager (or covering Team Manager in their line manager’s absence). The child’s Team Manager will liaise firstly with the Fostering Team Manager to discuss the issues and gather relevant information re the carer, including any history of similar concerns and secondly with the LADO to determine under which process the matter will be dealt with.

If the Concern/Allegation/Complaint is notified to the Emergency Duty Team the worker and or manager should consult with the Senior Officer on call to agree whether immediate action is required, or whether it is appropriate to refer the issue to the day staff. The Senior Officer on call will consult with the relevant Team Manager(s) (fostering/adoption/care management) as appropriate to inform their decision.

If the issue is defined as an Allegation, the following procedures should be followed. If the issue is defined as a Concern, this will be taken forward by the Operations Manager for Fostering and the Team Manager Fostering and similarly for Adoption. If the matter is defined as a Complaint, the DCC complaints procedure should be followed. If the complainant is a CIC, a referral should be made to the Advocacy Services for an advocate to work with the child or young person in pursuing his or her complaint. Guidance can be found here: www.fosteringindevon.org.uk/guide/resources/children-and-young-people-making-complaints