Private Fostering Statement of Purpose

Isle of Wight Private Fostering Statement of Purpose (Standard 1)

Introduction

The National Minimum Standards for Private Fostering, Standard 1 requires a statement or plan setting out the local authority’s duties and functions in relation to private fostering and the ways that these will be carried out.

This Private Fostering Statement of Purpose sets out the arrangements to ensure the safety and welfare of children privately fostered on the Isle of Wight.

This document set out what a private fostering arrangement is; the requirement that the Local Authority is notified of all private fostering arrangements; the assessment process and the support and advice offered to the parents, private foster carers and privately fostered children. This also includes children who are privately fostered through language school arrangements or through boarding arrangements at school during holiday periods.

This Statement of Purpose will be reviewed and updated whenever necessary but no less than annually. This Statement of Purpose was updated in May 2024.

Legal Definition of a privately fostered child and examples

A private fostering arrangement is essentially one that is made privately (that is without the involvement of a local authority) for the care of a child under the age of 16 (or under 18 if the child is disabled) by someone other than a parent or close relative with the intention that it should last for a period of and beyond 28 days.

In the definition provided by The Children Act 1989, a privately fostered child means

A child, under the age of 16 (under 18 if disabled) who is cared for, or is proposed to be cared for, and provided with accommodation by someone other than:

A parent
A person who is not a parent of them but who has Parental Responsibility for them
A close relative, i.e. a close relative is full-blood, half-blood or by marriage: an aunt, uncle, stepparent (by marriage or through living together), grandparent, brother or sister but not a cousin or great-aunt/uncle

This care and accommodation must be for 28 days or more. A child will continue to be considered privately fostered

If the 28 days has been broken up (for example a visit to parents) as long as the intention is for the child to return to the private fostering arrangement
or the period of actual private fostering is less than 28 days, but the private foster career intends to privately foster them for a period of 28 days or more

Whilst 28 days is the usual applicable time period, this is reduced to a time period of over 14 days for children under 16 years old who are accommodated at school during the school holidays.

The legal definition of a privately fostered child can be found in The Children Act 1989

The Children Act 1989

A child is not privately fostered if they are

Looked After by a Local Authority or placed in any residential home, hospital or school.
Over 16 years and accommodated for more than two weeks at school during school holidays (this included children that have a disability)

Examples of when a child may be privately fostered are

Children living apart from their families due to parental or family problems or ill health
To complete a stage of education because of a family move
Children whose parents are working abroad or in another part of the country
Children whose parents come into the country to study or work and find it difficult to care for their own children
Children sent to the UK for educational purposes, including those attending language schools, foreign exchanges or sport academies who stay with host families
Children attending residential schools who stay with a teacher, or a friend’s parents during the long school holidays
Unaccompanied children who are living with friends, relatives or strangers

The local authority’s duties and functions under the Children Act 1989 and the Children (Private Fostering Arrangements for Fostering) Regulations 2005

A child is considered privately fostered when the arrangement is made privately between a parent/ person with parental responsibility and the carer. The private foster carer becomes responsible for providing the day-to-day care of the child to meet their needs with the overall responsibility for safeguarding and promoting the welfare of the child remaining with the persons with parental responsibility.

Isle of Wight Children Services does not ‘approve’ private foster carers however it does have a duty to satisfy itself that children privately fostered in the area are being appropriately cared for, that they are safeguarded and their welfare promoted and to ensure that advice and support for those caring for them is provided, as needed (The Children Act 1989, Section 67(1) and Section 44 the Children Act 2004).

The duties of the Local Authority in relation to private fostering are set out in the Children Act 1989, the Children (Private Arrangement for Fostering) Regulations 2005 and, amendments are contained within the Children Act 2004. The National Minimum Standards for Private Fostering 2005 set out a number of standards to be met by all Local Authorities in discharging their duties which cover the following areas

Statement of Purpose
Notification
Safeguarding and promoting welfare
Advice and support
Monitoring and compliance

Staff training and support to have appropriate understanding and expertise in relation to private fostering

The Local Authority has an online training offer for all Isle of Wight social care staff working with children and families. This is mandatory training as part of the staff induction programme. Feedback from training will be collated, and the training offer will be reviewed annually or more frequently if identified as necessary, to ensure it meets the needs of the service and remains in line with legislation and guidance.

Senior Social Workers or Assistant Team Managers are available in each Children Support and Protection Service to provide additional advice and support alongside an Assistant Team Manager within the fostering service.

Information about private fostering will continue to be circulated within children services and partnership agencies including health and education. The need for further specific training across the partnership will continue to be reviewed through audits and reporting or will be provided in the event of a request.

How awareness of the notification requirements will be promoted with other agencies and within the wider local community

The Local Authority is taking action at regular intervals to raise and maintain public awareness of the need for private fostering arrangements to be formally notified to the Authority. These efforts are aimed at raising the awareness of parents, prospective and actual private foster carers, professionals within Children Services Directorate, within in all relevant partner agencies and members of the public.

The Local Authority will continue to seek to raise awareness as follows

Publicity materials will contain information about the legal definition of privately fostered children/young people, the procedure for notifying the Local Authority, the benefits of notification and the legal requirement to do so
Information published on the Isle of Wight council website in respect of private fostering, this Statement of Purpose and notification process
Information on the Safeguarding Partnership Website including this Statement of Purpose notification process
Publicity posters will be displayed and have been distributed at key access points, e.g. schools, libraries, GP Surgeries, Health centres, Children Centres, voluntary/community sector organisations and council offices. This information contains the contact number required
Online social media activity by the Isle of Wight Council
Writing to every known boarding school provision and language school provision on a yearly basis to ensure the notification requirements are met, they remain up to date with the legal requirements and expectations and that parents/ guardians are appropriately informed of the responsibilities and requirements
Private fostering presentations /training are provided to all staff within the Children Social Care Service as required
Private fostering presentations / awareness raising activity is undertaken through the Local safeguarding Partnership at annual events and communication with partner agencies, community groups, voluntary agencies with additional training activity available as requested/ identified as necessary
Taking any other action which may be required to promote professional awareness of private fostering requirements across Children Services and within partner agencies

Parents/ those with parental responsibility, private foster carers and any agencies involved in making these arrangements have a legal duty to notify the local authority in advance of the arrangements; this is six weeks prior to the arrangement commencing and for school holiday arrangements at boarding schools, this is a two-week period.

Notification of the arrangement commencing is also required within 48 hours. In the event of an emergency immediate arrangement this notification should be made immediately.

Any person or agency who believes a child is in a private fostering arrangement is expected to refer this to Children Services; it is a requirement to notify the local authority of an arrangement that an agency is aware of. An agency is expected to inform the parent/ guardian / private foster carer that this is being done.

Notifications should be made by calling Children services on 0300 300 0117

An email address to send any written notification from a parent/ guardian/ private foster carer will then be provided. In the event that there are difficulties with this, the written notification can be sent to child.referral@iow.gov.uk

All notifications received six weeks prior to the arrangement commencing, those received within 48 hours and immediate notifications of the arrangement commencing should progress to a referral and social worker allocation.

Any concerns or issues in making the referral or the progression of the referral should be reported to the Lead Independent Reviewing and Quality Assurance Officer via IR-CP.enquiries@iow.gov.uk

In the event that there is a failure to notify the Local Authority, this will be escalated to a Service Manager who will consider the matter with legal advisors as required.

A letter setting out the requirements will be issued to the private foster carer and parent/ guardian. In the event that proceedings are considered necessary these will take place within six months of the event.

How the local authority will determine the suitability of all aspects of a private fostering arrangement in accordance with the regulations

Where the Local Authority has received notification (The Children (Private Arrangements for Fostering) Regulations 2005) they must arrange for an officer of the Authority within seven working days; this will be an Isle of Wight Local Authority Social Worker.

Within seven working days the Social Worker will

Visit the premises where it is proposed that the child will be cared for and accommodated
Visit and speak to the proposed private foster carer and to all members of the household
Visit and speak to the privately fostered child alone unless the officer considers it inappropriate
Speak to and if it is practicable to do so, visit every parent or person with Parental Responsibility for the child
Complete the initial part of the assessment to assure that the welfare of the child is safeguarded and in the event that the child is already living with the private foster carer, assure that this arrangement is suitable whilst a full assessment of the private foster carers suitability is undertaken.
Write a written a report covering the above, provided to their Team Manager
In the event that an arrangement has not been notified to the Local Authority in advance, where there are concerns regarding purposeful failure to notify or where there are concerns that the arrangement is not suitable; immediate escalation to the relevant Service Manager for Children Support and Protection Service will take place to consider what further action is needed.
Where there is a concern of risk of significant harm identified, Child Protection procedures will be followed.

The initial part of the assessment completed within seven days by the Social Worker will establish for children who are yet to be placed with the private foster carer, the below matters in the circumstances, considered relevant (as listed in Schedule 2)

that the intended duration of the private fostering arrangement is understood by, and agreed between, the parents of the child (or any other person with parental responsibility for them) and the proposed private foster carer
the wishes and feelings of the child about the proposed arrangement (considered in the light of their age and understanding)
the suitability of the proposed accommodation
the capacity of the proposed private foster carer to look after the child
the suitability of other members of the proposed private foster carer’s household
that arrangements for contact between the child and his parents, any other person with parental responsibility for them, and other persons who are significant to them have been agreed and understood, and that those arrangements will be satisfactory for the child
that the parents of the child, or any other person with parental responsibility for them, and the proposed private foster carer have agreed financial arrangements for the care and maintenance of the child
that consideration has been given to, and necessary steps taken to make arrangements for, care of the child’s health
that consideration has been given to, and necessary steps taken to make arrangements for, the child’s education
how decisions about the day-to-day care of the child will be taken
whether the proposed private foster carer, the parents of the child, any other person with parental responsibility for them, or any other person concerned with the child are being given such advice as seems to the authority to be needed

Where notification is received about a child who is already being privately fostered the initial part of the assessment will establish the following matters (as listed in Schedule 3) in the circumstances, considered relevant

that the intended duration of the private fostering arrangement is understood and agreed between the parents of the child, or any other person with parental responsibility for them, and the private foster carer
the wishes and feelings of the child about the arrangement (considered in the light of their age and understanding)
that the child’s physical, intellectual, emotional, social and behavioural development is appropriate and satisfactory
that the child’s needs arising from his religious persuasion, racial origin, and cultural and linguistic background are being met
that the financial arrangements for the care and maintenance of the child are working
the capacity of the private foster carer to look after the child
the suitability of the accommodation
that the arrangements for the care of the child’s health are in place and, in particular, that the child is included on the list of a General Practitioner
the arrangements for the child’s education
the standard of the care which the child is being given
the suitability of members of the private foster carer’s household (including children already resident)
whether the contact between the child and their parents, or any other person with whom contact has been arranged, is satisfactory for the child
how decisions about the child’s day-to-day care are being taken
whether the private foster carer, the parents of the child, any other person with parental responsibility for the child, or any other person concerned with the child are being given such advice as appears to the authority to be needed

The Social Worker will ensure that where an arrangement is considered appropriate to progress, a full assessment is completed within 42 days.

The Social Worker will

Carry out Regulation 8 visits at a minimum of six weekly
Provide ongoing advice, support and assistance to the carer, parent or others with Parental Responsibility, where necessary
Supervise the ongoing arrangement and conduct an ongoing evaluation of its suitability for the specific child
Ensure that proper arrangements are made between interested parties as to the child’s care in all-important aspects
Monitor the carer’s compliance with any requirements that have been made
Consider what other action should be taken or services provided to promote the child’s welfare
In the event of any concerns, take action in accordance with the department’s wider policies and procedures
Conduct an assessment of the suitability of the private foster carers and other members of the household
Conduct an assessment of the suitability of the accommodation and the wider environment
Carry out all necessary checks i.e. Disclosure and Barring Service checks for private foster carers and all members of the household who are over 16 years of age; medical history check, agency checks in respect of the private foster carers
Consider the suitability of the arrangement and the extent to which the arrangement is meeting or is likely to meet the child’s needs and promote their welfare
Ensure all necessary paperwork i.e. assessment and agreement forms are completed and signed by the private foster carers and parents (if appropriate)
Make a recommendation as to the suitability of the private arrangement in all aspects required by regulations
To provide additional advice, support and assistance to the carer where necessary
To carry out the annual review of the private foster carer and the arrangements
To provide advice and information on private fostering

Assessments regarding the suitability of the arrangement are signed off by a Service Manager. The possible outcomes of both parts of the assessment are:

Agreement that the arrangement is suitable
Impose Requirements
Prohibit the arrangement
Disqualification

The Isle of Wight council will apply the same criteria of three children for the private foster carer to care for, in line with the fostering limit prescribed in the Children Act 1989 Schedule 7. In the event it is considered in the best interest of the child, the Service Manager is able to agree an exemption; this will be reviewed every six months.

The Local Authority has the power to impose requirements on private foster arrangements. Requirements may refer to an individual child and the meeting of their needs or may be more general such as stipulating the number, age, and gender of children who may be privately fostered or may refer to practical matters in the home, such as safety factors.

The Local Authority has the power to prohibit the arrangements altogether where they are of the opinion that

The person is not suitable
The premises are not suitable
It would be prejudicial to the welfare of the child for them to be, or continue to be, accommodated by that person in those premises

The parents and carers will be advised of this in writing and advised of the appeals process which allows fourteen days for this to be completed.

If a person is deemed unsuitable then it may be necessary to take legal advice and possibly remove the child in the event the child is already living with the private foster carer.

A person may be disqualified from private fostering in the event that

A Care Order has been made at any time in respect of a child in their care
Their rights and powers over a child have been removed from them at any time
They have been refused registration as a child minder or similar
They have been prohibited from fostering privately
They live in the same household as someone who is disqualified
They have been convicted at any time of certain offences

Disqualification from Caring for Children (England) Regulations 2002 (legislation.gov.uk)

The applicant must disclose these offences to the local authority when giving notice of an intention to privately foster or if concerns in regard a reason for disqualification or a conviction arise during the period of the private fostering arrangement. The local authority has the authority to waive the restriction to the applicant becoming a private foster carer under certain circumstances but only if they are satisfied that the welfare of the child concerned would not be prejudiced by the proposed, or actual, private foster carer or by a member of their household.

If the local authority refuses to lift the restriction on disqualification, they shall inform the applicant in writing giving reasons for the refusal and giving details of the appeal procedure.

How the local authority will satisfy itself that the welfare of privately fostered children in their area is satisfactorily safeguarded and promoted

The Isle of Wight Council will ensure that privately fostered children and young people’s welfare is safeguarded and promoted by staff adhering to the Regulations on private fostering as outlined above.

Information regarding private fostering is available for members of the public and for professionals working with children, ensuring awareness of these arrangements and associated procedures.

The social worker will on their first visit consider whether there concerns regarding exploitation, trafficking or immigration to ascertain if safeguarding action is required, liaison with the Home Office, International Social Services or Children and Families Across Boarders (CFAB).

All private fostered children will be visited within the first seven days of notification as part of the Assessment and spoken to alone (if appropriate). The child will be seen alone at each visit, unless the social worker considers it inappropriate, and, where required, with an interpreter, who is independent of the child’s parents and the private foster carer.

Privately fostered children will be visited at least once every six weeks in the first year and at least every twelve weeks in the second and subsequent years. This is the minimum requirement however the frequency of visits be determined by the needs and circumstances of the particular case. Additional visits will be made to a privately fostered child when reasonably requested by the child, the private foster carer, the child’s parents or any other person with Parental Responsibility for the child.

A written report will be completed following these visits. In line with the Regulations written records will include conclusions drawn on the arrangement, whether the arrangement continues to be suitable, whether the child/young person was seen alone (if not, why not), his/her wishes and feelings about the arrangement, any concerns raised and any relevant advice given.

A continuous part of the placement monitoring will be to check that the placement meets the child’s needs and that they are safeguarded and protected.

The Isle of Wight considers any privately fostered child as a Child in Need and will follow Child in Need procedures. This will ensure appropriate information, support and advice is available through the child’s allocated Social Worker to the child, private foster carer and parents.

All agencies involved with the child and private foster carer, and where appropriate the family, will be notified that the child is living with the private foster carer and of the responsibility to notify the local authority of any concerns.

The suitability of the arrangements will be formally reviewed on a yearly basis by the Service Manager.

It is a legal requirement that written notification of the intention to privately foster a child is provided to the Local Authority six weeks before the arrangement starts. This is to ensure that a full assessment of the private fostering arrangements is completed in line with the intention of the regulations.

In the event this arrangement commences immediately, notification must take place within 48 hours. To support this notification the Local Authority will have available alongside this statement, a notification form for use by parents and private foster carers.

These requirements apply to language schools. It is also the responsibility of the language school to ensure that Disclosure and Barring Checks on all household members over sixteen have been completed; a failure to undertake this may result in the local authority considering the arrangement unsuitable.

The language school is expected to have ensured there is a written and translated agreement as necessary in place between the private foster carer and parents/ guardians ensuring that the child’s day-to-day needs and welfare is safeguarded. The language school will be required to translate any communications to parents/ guardians as required in relation to private fostering and will be expected to have provided appropriate information to parents/ guardians and the private foster carer to ensure they understand the responsibilities and requirements.

In the event the arrangement ends, it is a legal requirement to notify the Local Authority in writing within 48 hours of the arrangement ending and this notification is to include the name and address of the person into whose care the child has gone. To support this notification, the Local Authority will have available a notification of end of arrangement form provided to the private foster carer.

It is also a legal requirement to notify the local authority in event of child death and to notify those with parental responsibility.

The notification requirements apply to any school providing accommodation and care to a child under sixteen for over two weeks during holiday periods (where it is not registered as a Children’s Home); the notification of the plan to privately foster the child in these circumstances is two weeks prior to the arrangement commencing.

It is the expectation that parents and private foster carers have a written agreement clearly setting out the financial and practical arrangements in place to ensure the child’s day-to-day needs and welfare is safeguarded; the Local Authority will provide a written agreement template to ensure there are clear and appropriate arrangements in place for the child.

Where the care of a privately fostered child is unsatisfactory and this cannot be addressed satisfactorily, the local authority will, unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by

A parent
A person who has Parental Responsibility
A relative

If any concerns are raised about the child suggest that s/he may be at risk, Child Protection Procedures will be followed. Legal Services will be consulted in determining action when necessary.

Internal file audits for children that are privately fostered will take place with the findings reviewed by the Lead IRO and Quality Assurance officer and Service Manager.

Independent oversight and scrutiny of support and services will be provided by the Director Children Social Care Services and the Local Safeguarding Children’s Partnership to whom an annual report will be presented. Included in the report will be detail on how the Local Authority satisfies itself that the welfare of privately fostered children in their area are satisfactorily safeguarded and promoted.

The advice and support that will be available to private foster carers, parents and others with parental responsibility and others concerned with the privately fostered child

Parents/ guardians and private foster carers will be given the contact details of the social worker whom they can contact at any time if they have any significant worries about the care of the child or would like to request a visit to the child.

The child’s social worker will continue to provide advice and support to parents/ guardians and private foster carers; the social worker will identify any specific needs and refer to more specific support above the Isle of Wight universal services offer, as required.

Parents/ guardians will be provided with support, information and advice to enable them to be able to take care of their own children or if required they will be provided with support around reunification. Where this is not an option for a period of time, parents/ guardians will be provided with guidance and support on how to make sure that the private fostering arrangement meets the needs of their child and keeps them safe and protected.

In the event that the assessment identifies specific support or training needs for the private foster carer, the Social Worker will consult with the Fostering and Adoption Team Manager who will identify and provide appropriate training to meet these needs.

It is a requirement for a private foster carer to notify the local authority of any significant changes; this should be in advance however in the event this is not possible, this needs to be within 48 hours. Written information regarding the legal requirements will be provided to the private foster carer by the social worker who will ensure that the carer understands these requirements.

The local authority will also have available proformas for parents/ guardians and private foster carers that they are able to use to ensure compliance with the regulations.

Private foster carers and parents/ guardians will also be provided with an information leaflet with details of support and details of how to make a complaint. (Childrens Complaints Contact information (iow.gov.uk), Familylives.org.uk, Family Rights Group frg.org.uk).

It remains the parents’ responsibility to provide for their child financially whilst they are privately fostered. A private foster carer will be provided with support and advice in respect of claiming child benefit and any other benefits they may be eligible for such as child tax credits or universal credit. A clear agreement between parents and the private foster carer regarding financial arrangements is required. In some circumstances, the need for financial support from the local authority may need to be considered, this will be considered through a financial assessment.

The information and support that will be available to privately fostered children

Children will have access to their own social worker for advice, information, help and support. Children who are of sufficient age and understanding, will be provided with the social worker’s contact details and advised that they are able to request a visit, request to speak and will be encouraged to make contact if they have any concerns.

For younger children, agencies supporting the child and family will be notified of the arrangement and will be advised to contact the social worker if any concerns are identified.

A guide to private fostering for children will also be provided which will detail

what private fostering is
child in need support
leaving care arrangements and children who will qualify for advice and assistance from a Leaving Care Personal Advisor
their rights
support available to them
details children services complaints Childrens Complaints Contact information (iow.gov.uk)
details of advocacy for children who the local authority is supporting B4u@barnardos.org.uk and Tel: 01983 529208

Monitoring Compliant with the duties and functions in relation to Private Fostering

The Children (Private Arrangements for Fostering) Regulations 2005 require Local Authorities to monitor the way in which they discharge their functions under Part 9 of the Children Act.

The Local Authority monitors compliance and evaluates of effectiveness in improving practice in relation to private fostering via a number of means including

Performance data
Tracking the progress and outcome for all privately fostered children
Audit findings
Senior management oversight of all private fostering agreements
Inclusion of privately fostered children in permanency meetings to track the progress of children and ensure that the welfare of privately fostered children is satisfactorily safeguarded
Senior Leadership team oversight on a monthly basis of private fostering to consider the extent to which the service is meeting requirements and ensure appropriate action is taken as required to address any identified issues.