Allegations Against Foster Carers
Scope of this chapter
This chapter provides procedures for managing allegations or concerns that any foster carer 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;
- Behaved towards a child or children in a way that indicates they may pose a risk of harm to children;
- Behaved towards a child or children in a way that indicates they are unsuitable to work with children.
This procedure should be read in conjunction with the Multi-Agency Safeguarding Children Procedures.
There is also a separate procedure for dealing with complaints made about or by foster carers, see Complaints and Representations Procedure.
This procedure applies where allegations are made or suspicions are raised that approved foster carers have caused harm to a child. It should be read in conjunction with the Multi-Agency Safeguarding Children Procedures.
Amendment
In November 2023, this chapter was amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern was also added.
All foster carers and children are made aware of and advised how to access this procedure and other procedures including the Complaints and Representations Procedure.
All children are entitled to the same level and standard of protection from harm including those receiving services from statutory or other agencies. For this reason, enquiries and investigations relating to children in receipt of such services must be dealt with under the Multi-Agency Safeguarding Children Procedures.
Allegations or suspicions that a foster carer has caused harm to a child will be investigated thoroughly, speedily and sensitively under those procedures and will involve open and honest communication with and support to all those affected.
It is important to note that, although there may be insufficient evidence to support a Police prosecution, this does not mean that action cannot be taken to protect a child nor that the termination of a foster carer's approval cannot be considered.
Complaints made by a foster child in relation to the quality or style of care provided by a carer will be dealt with under the Complaints and Representations Procedure.
It should also be noted that it may be necessary to consider during an investigation what action, if any, should be taken with regard to any other children the foster carers have contact with, including their own children.
A clear distinction will be made between investigation into allegations of harm and discussions over standards of care. Investigations which find no evidence of harm should not become procedures looking into poor standards of care - these should be treated separately.
It might not be clear whether an incident constitutes an 'allegation'. It is important to remember that to be an allegation the alleged incident has to be sufficiently serious as to suggest that harm has or may have been caused to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above).
Concerns that do not meet this threshold may constitute conduct or disciplinary issues and should be addressed using the appropriate organisational procedures.
Incidents which fall short of the threshold could include an accusation that is made second or third hand and the facts are not clear, or the individual alleged to have done this was not there at the time; or there is confusion about the account.
If it is difficult to determine the level of risk associated with an incident the following should be considered:
- Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
- Where the incident involved an inappropriate response to challenging behaviour, had the carer had training in managing this?
- Does the carer understand that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
- Does the child or family want to report the incident to the police or would they prefer the matter to be dealt with by the employer?
- Have similar allegations previously been made against the individual – is there a pattern developing?
Whether an incident constitutes an allegation and hence needs to be dealt with through these procedures, may need to be discussed with the Designated Person. Keeping Children Safe in Education (KCSIE), Part 4, Section 2 provides guidance for schools and colleges, which may be of wider interest when considering low-level concerns. Legal advice should be sought as necessary.
KCSIE provides that if there is any doubt as to whether the information which has been shared about a foster carer as a low-level concern in fact meets the harm threshold and thus should be treated as an allegation, the Designated Person should be consulted.
If it falls short of this threshold there may still be a role for the Designated Person to provide advice and support. Such a consultation process may allow for concerns to be evaluated objectively and to ascertain whether or not similar concerns may have been raised previously but not met the threshold for investigation. Whilst the Designated Person will only record the details of those allegations which appear to meet the threshold for consideration set out above, a record should be kept of any low level concern that arise in respect of a foster carer.
KCSIE provides that records should be reviewed so that potential patterns of concerning, inappropriate, problematic or concerning behaviour can be identified. Where a pattern of such behaviour is identified, a course of action should be decided upon, either through disciplinary procedures or where a pattern of behaviour moves from a low-level concern to meeting the harm threshold, it should be referred to the Designated Person. Records must be held securely and comply with the Data Protection (Bailiwick of Guernsey) Law 2017 2018.
More detailed guidance and case studies on low-level concerns can be found in Developing and Implementing a Low-level Concerns Policy (Farrer & Co.).
Where the matter constitutes a conduct or performance issue, the Manager should follow the appropriate disciplinary procedures and let the Designated Person know of the outcome.
The expectation is that:
- At the time of a child's placement, foster carers will be provided with detailed information as to the child's background and in particular the context of any abusive experiences and/or previous allegations made by the child;
- All foster carers will receive preparation, training and guidance to help them provide a safe environment for the child and all members of the foster family;
- All foster carers will have received information about this procedure and the Multi-Agency Safeguarding Children Procedures;
- All foster carers will be familiar with and adopt the procedures for recording on a daily basis the progress of children placed with them, including any incidents or complaints, and understand that these procedures have been made to protect all those involved in the child's placement, particularly at times of high stress, and will provide important evidence if an allegation is made.
In addition, in relation to the Family Placement Service, it is an expectation that the standards of the Fostering National Minimum Standards 2011 are adhered to as best practice, insofar as:
- The Team Manager of the Family Placement Service is identified to be the person who liaises with the Designated Person in all cases to which this procedure applies and manages the allegations process;
- All staff within the Family Placement Service are aware of the requirements of this procedure, including the role of the Disclosure and Barring Service.
Any person who receives information or suspects that a child has suffered or is suffering harm in a foster placement must immediately inform the child's social worker or their manager. On receipt of any such information, the child's social worker, or their team manager must immediately:
- Inform their service manager;
- Inform the Designated Person within 1 working day;
- Inform the supervising social worker;
The supervising social worker will:
- Inform the Team Manager within the Family Placement Service - see Section 2, Introduction; and, in consultation with the Team Manager;
- Inform the social workers for any other child in the placement;
The allocated team for the child or young person must implement the Multi-Agency Safeguarding Children Procedures in relation to the allegation/suspicion. They will gather relevant background information and convene a Strategy Meeting within 2 working days of the referral.
In exceptional cases where immediate action may be necessary to safeguard the welfare of the child, the child's social worker and their manager may decide to request that a new placement be identified.
In cases where no criminal offence is involved and no formal action is required the Child Social Worker Team Manager and the Family Placement Service Team Manager will take responsibility for ensuring appropriate action is initiated.
If the decision is to treat the incident as a concern regarding standards of care, the Service Manager, Care Services together with the Child Social Worker Team Manager and the Family Placement Service Manager will decide an action plan as to how the matter will be followed up, and the Service Manager must be informed of the action plan and outcome. The Service Manager must seek the Associate Directors s agreement to the conclusions. Any agreed action should be undertaken within 15 working days.
In addition to ‘one off’ information leading to a serious concern about a foster carers practice, there may be continuing ‘low level’ concerns regarding a carers’ practice or standard of care arising through supervision of the carer or through other means. Examples are methods of disciplining children and managing behaviour, quality or nature of diet, clothing or routine care provided, non-compliance with contact arrangements etc. Taken individually such concerns may not be serious but over time they may accumulate or worsen to the level of a serious concern where the suitability of the foster carer is called into question. Concerns of any kind should be addressed with foster carers immediately when they arise with recorded opportunities to improve with support. However, if the quality of care does not change the Committee may wish to proceed with a Review of approval.
In circumstances where it is clear that child protection procedures should be instigated these procedures will be followed within child protection timescales and the following will apply:
- Team Managers inform respective Service Managers;
- Service Manager, Care Services informs Head of Service, Children and Family Community Services;
- In the case of a child placed outside Guernsey and Alderney the Child Protection Services for the Area Authority should lead the investigation;
- Consideration should be given to using an independent agency where necessary.
There may be occasions when a child living in a foster home is involved in allegations of abuse against another child either within or outside of the foster home. In such cases the principles for investigation will be no different to those already outlined, irrespective of whether the child is a foster child or a child of the foster carers. However, if the foster carers live outside of Guernsey or Alderney the social services for the area in which they live will be involved.
In situations where it is alleged that any child within the foster home has been abused by a child or adult who is not a member of the foster home, the same principles of investigation outlined previously will also apply to the children within the foster home.
The Strategy Meeting will take place within 1 working days of the referral and will involve a face-to-face meeting. The purpose of the meeting will be to decide if an investigation is necessary and, if so, how it should be carried out. The following people will be invited:
- The manager of the team undertaking the child protection investigation;
- The child's social worker and their manager;
- The Designated Person (LADO);
- The supervising social worker linked to the foster carer, and their manager (who will liaise as necessary with the team manager within the Family Placement Service - see Section 3, Introduction);
- The police;
- Any other agency involved with the child or foster family;
The Strategy Meeting must consider:
- The nature of the allegation, its source and reliability;
- Whether there should be a Police investigation and consider the implications;
- Whether any parallel disciplinary process should take place and agree protocols for sharing information;
- The current allegation in the context of any previous allegations or concerns;
- Background information relating to the foster family, how long the family has been known, how many children have been placed there, the family's known strengths and weaknesses and any exceptional features about the child and the placement;
- Consider the safety of all children in the household (including the foster carer's own children) and whether any action is necessary to protect the children including the removal of all or any of the children while the investigation is conducted. Any decision to remove children from foster carers will be sensitively and carefully assessed;
- Explore, how the needs of any child who has to leave the placement will be met including education, contact with other children in the placement, etc.;
- Consider the involvement of other agencies;
- A referral to the Disclosure and Barring Service for inclusion on the Children's Barred List. This should be considered whenever a carer is suspended from their duties;
- How and by whom the investigation is to be conducted. (It is important that careful consideration is given to the planning of criteria when a joint investigation is recommended. In situations where the Police or Law Office recommend no further action then the social worker must interview the foster carers about all allegations and concerns. Interview notes must be taken and made available to future meetings and/or the Fostering Panel);
- The time-scales for the investigation (see below) and any contingencies should timescales prove unlikely to be met;
- How the child should be informed of the procedure to be followed and supported through the process;
- Whether the alleged perpetrator should be asked to leave the home while the investigation is conducted and confirmation that the Chair will inform the carers of the allegation verbally and then in writing;
- Informing the child's parents of the allegation and devising a ‘communication strategy’ to ensure they are kept up to-date (where this is appropriate). Also to consider, depending upon the nature of the allegation, whether this impacts upon any contact arrangements that are in place. (Note that where a child is voluntarily accommodated the Committee do not have Parental Responsibility);
- Once informed of the decision what support to offer the foster carers;
- How reports on the investigation will be shared with the foster carers and the child or children in the placement;
- Whether further placements should be suspended in the meantime.
During an investigation, a decision will need to be made as to whether there are grounds for interviewing any children who have previously lived in the foster home.
A child in foster care should not automatically be removed following an allegation of abuse. Removal is, however, always necessary where the child is considered to be at risk of suffering significant harm. The prime purpose of any investigation is to protect children within the household in accordance with the child protection procedures and to progress the investigation of possible criminal offences.
Whether or not the Strategy Meeting considers that the allegation or suspicion has any foundation, the matter should be investigated unless there are exceptional circumstances, and the Associate Director must be notified of the decision and the outcome.
The minutes of the meeting must contain clear action points and clear time-scales for each action. The action points and timescales will be circulated immediately after the meeting. Actions agreed must be recorded and be the responsibility of named individuals.
Copies of the action points and the minutes should be held on the child's and the foster carer's records.
Any decision to take no further action following the Strategy Meeting must be clearly recorded by the decision-maker on the child's and the foster carer's records, and reported to the Associate Director.
The actions agreed at the Strategy Meeting should be implemented by those responsible within the agreed timescales.
Unless there are circumstances when the details or nature of the allegation cannot be shared immediately, the foster carers should be advised of the allegation as agreed at the Strategy Meeting and of the process to be followed in the investigation, including the possibility that an Initial Child Protection Conference may be convened in relation to their own children.
Where considered appropriate by those at the Strategy Meeting, the foster carers should be given the opportunity to respond to the allegations before any final decision is made about necessary action to protect the child and other children in the household. Such protective action may include asking the person against whom the allegation has been made to leave the household while the investigation is conducted.
Any decision to suspend making further placements with the foster carer while the investigation is being conducted should be communicated in writing to the foster carer by the manager of the Family Placement Service.
Those supporting the foster carers must contact the foster carers as soon as practicable after the foster carers are made aware of the allegation, and explain their role. They must make clear their responsibility to report to the Committee, the Police and in some circumstances to the Court if any information relevant to the investigation comes to their attention. They must inform foster carers on how they will be supported and paid whilst they are under investigation.
They should confirm that the foster carers are aware of the following:
- The contents of this procedure and the relevant Multi-Agency Safeguarding Children Procedures;
- The address and contact telephone number of the independent agency identified to provide the foster carers support;
- Information regarding consulting an Advocate;
- Information on insurance arrangements for legal expenses.
If an Initial Child Protection Conference is convened, the Conference Chair must be consulted in advance to discuss whether the foster carers should be invited to attend. In any event, the foster carers' views must be obtained for and communicated to, the Conference. (See Child Protection Conferences).
The social worker undertaking the investigation will prepare a report on the investigation and a copy will be provided to the foster carers and their representatives.
Within these procedures, the primary duty of the Committee is to address the welfare and safety of children in foster care and any other child in the household. There is also a responsibility to any foster carers against whom allegations of abuse have been made.
It is the role of the Supervising Social Worker to provide any appropriate support to a foster carer who is the subject of an allegation.
The Supervising Social Worker has a duty to ensure that carers understand child protection procedures and that this includes:
- What carers must do if they receive an allegation or disclosure from a child or have suspicions that abuse may have occurred;
- How allegations concerning standards of care practice or concerns about significant harm to children in foster care are investigated by the Committee;
- The circumstances in which carers approval could be terminated due to concerns regarding the welfare or safety of a child;
- What allowances and fees may be payable while an allegation is being investigated.
The Supervising Social Worker should ensure that carers and children placed with them have, for the purposes of referring any concern about child welfare or safety, the contact details of the team responsible for investigating child protection referrals and the Emergency Duty Service. (If they live out of Guernsey or Alderney this should be a child protection team for their area authority)
While the Supervising Social Worker’s role is one of support and guidance, he/she is a member of staff of the Committee and is not in a position to advocate on behalf of the carer. The Supervising Social Worker must be clear with the foster carer that they cannot keep information confidential which is relevant to any enquiry or investigation and this must be shared with the investigating Social Worker. In addition, the Supervising Social Worker may have information which cannot be shared with the foster carer.
It is the role of the Supervising Social Worker to advise carers with regard to where and how the carer can access independent advice, advocacy and support during an investigation against them. This may include support via foster care membership of The Fostering Network (legal advice and helpline) and the Guernsey Foster Care and Adoption Association. The Supervising Social Worker should ensure that the carers have a copy of the procedure on allegations against foster carers.
The Supervising Social Worker or the Team Manager of the Family Placement Service should normally be responsible for communication with the foster carer the decisions of the Strategy Discussion and information regarding the process and interviews including when, where and by whom interviews will be conducted (unless there are restrictions imposed by a Police investigation or due to timing of interviews)
When a Supervising Social Worker receives information that could constitute safeguarding concerns, it is not their role to investigate the matter. The information should be immediately passed on to the Child’s Social Worker, their Team Manager responsible for the supervision of the child and the Family Placement Service Manager.
It is the role of the Supervising Social Worker to support carers to ensure their homes are free of avoidable hazards and that they follow a sound Safer Caring Policy within their family.
It is the Supervising Social Worker’s duty to make at least one unannounced visit to the foster home annually as a check on the standard of care provided. The Supervising Social Worker along with the Child’s Social Worker should check that the carer provides children placed with an opportunity to report concerns and contact their Social Worker or another appropriate person i.e. via phone calls in private or access to appropriate websites for help and advice.
Following investigation of an allegation consideration will be given to the measures necessary to protect children placed with the foster carer. The Supervising Social Worker will ensure that these measures are applied and reflected in the carer’s Safer Caring Policy.
The Supervising Social Worker will conduct a review of the foster carer following any allegation or complaint or concern regarding conduct or standard of care by the foster carer and this will be presented to the Fostering Panel. The foster carer’s approval may be terminated in circumstances where there are concerns regarding the welfare or safety of a child in their care.
Keeping parents updated
The child’s social worker would usually inform the parents of the child/ren involved of the allegation and the process that is being followed unless this will be detrimental to the welfare of the child or impede the disciplinary or investigative processes. The Designated Person can advise the child’s social worker whether or not the parents should be informed. However, in some circumstances, the parent/s may need to be told straight away (e.g. if a child is injured and requires medical treatment).
The parent/s and the child, if sufficiently mature, should be helped to understand the processes involved and be kept informed about the progress of the case and of the outcome where there is no criminal prosecution. This will include the outcome of any disciplinary process, but not the deliberations of, or the information used in, a hearing.
The Strategy Meeting will be reconvened to conclude the investigation. The same people will be invited, and the same person will chair the meeting; the foster carers and their representative will be invited to participate as considered appropriate by the Chair.
The purpose of the final Strategy Meeting is to agree on the outcome of the investigation and responsibilities for any further action including reporting on the matter to the Fostering Panel and/or considering whether it may be appropriate to make a referral to the Disclosure and Barring Service for inclusion of the foster carers on the Children's Barred List.
Although this will always be envisaged as the final meeting, should new information come to light further actions may be required thereby necessitating the suspension and rescheduling of the meeting.
The Chair will notify the foster carers (if not in attendance), the child, the parents, other children in the placement or involved, other relevant agencies and the Associate Director of the recommendations made at the meeting.
In any event the meeting may wish to draw to the attention of Fostering Panel certain areas of the foster carer's practice that should be reviewed and considered. A report should be presented to the next available Fostering Panel. The social worker preparing the report should consult with the Panel Advisor of the Fostering Panel who will advise on who should attend the Panel meeting (usually the child's social worker and the supervising social worker for the foster carers) and whether or not a special Panel meeting should be convened.
Prior to Fostering Panel, the foster carers and their representative should have seen, and had time to comment on the report being presented to the Panel. The procedure to be adopted for the Fostering Panel will be the same as for any other foster carer review - see Review and Termination of Approval of Foster Carers Procedure.
The investigative process may conclude that there has been no harm experienced by the child but that other procedures may be identified as appropriate, for example, the complaints process.
Consideration should be given to holding a debriefing meeting for all involved as to the impact of the allegations and the investigation, whatever the outcome, and all necessary assistance and support should be made available as necessary.
A summary of any allegations made against foster carers, together with a summary of the enquiry or investigation and decisions made and a copy of all documentation should be placed on the foster carer’s file. A copy of the reports for the Foster Care Review and the Summary Report will also be placed on file together with Minutes of the Panel and Agency Decision Maker Decision
The foster carers should have a copy of the Review reports, Summary and findings concerning any allegations against them.
The record will be retained in line with the Retention and Destruction of Information Policy G102.
The allegation and outcome will be added to the chronology on the carer’s record.
Last Updated: November 13, 2023
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