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Contents

1.	Policy
2.	Introduction
3.	Procedure
	3.1	Initial Action
	3.2	Strategy Meeting
	3.3	Investigation and Action
	3.4	Concluding the Investigation

1. Policy 

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 principles, policies and procedures laid down by the London Child Protection Procedures.

Allegations or suspicions that a foster carer has caused Significant 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. 

Clear timescales will be integral to the procedure and those involved must avoid delay unless there is good reason.  There will be clarity regarding access to reports and documents relating to the investigation.

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.

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 other children with whom foster carers against whom allegations are made have contact, including their own children.

2. Introduction

The expectation is that:

1. 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 of and/or previous allegations made by the child;
2. 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;
3. All foster carers will have received information about this procedure and the London Child Protection Procedures;
4. 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 Fostering Service, it is an expectation of the Fostering National Minimum Standards 2011 that:

• A senior manager within the Fostering Service is identified to be the Designated Person who liaises with the LADO in all cases to which this procedure applies and manages the allegations process;
• All staff within the Fostering Service are aware of the requirements of this procedure, including the role of the Independent Safeguarding Authority.

3. Procedure

3.1	Initial Action
3.2	Strategy Meeting
3.3	Investigation and Action
3.4	Concluding the Investigation

3.1 Initial Action

Any person who receives information or suspects that a child has suffered or is suffering Significant Harm in a foster placement must immediately inform the child’s social worker.

On receipt of any such information, the child’s social worker must immediately:

• Inform his or her team manager and Service Manager;
• Inform the Local Authority Designated Officer (LADO);
• Inform the Manager of the Children’s Protection and Review Unit;
• Inform the supervising social worker linked to the foster carer and his or her manager;
• Refer the matter to the social work team for the area where the foster carer resides. 

The supervising social worker will:

• Inform the designated senior manager within the Fostering Service – see Section 2, Introduction; and, in consultation with the designated senior manager:
  • Inform the social workers for any other child in the placement;
  • Inform any other local authority with an interest in the foster placement;
  • Provide support to the foster carer.

The social work team for the area where the foster carer resides will be responsible for implementing the Child Protection Procedures in relation to the allegation/suspicion.  They will complete an Initial Assessment and convene a Strategy Meeting within 2 working days of the referral.

At this stage the manager of the social work team where the foster carer resides should notify the Regulatory Authority of the allegation/suspicion and invite them to be represented at the Strategy Meeting.

3.2 Strategy Meeting

The Strategy Meeting will take place within 2 working days of the referral and will involve a face-to-face meeting. The purpose of the meeting will be to plan the investigation of the allegation/suspicion. The following people will be invited:

1. The manager of the team undertaking the Initial Assessment;
2. The Local Authority Designated Officer (LADO);
3. The child’s social worker and his or her manager;
4. The supervising social worker linked to the foster carer, and his or her manager (who will liaise as necessary with the designated senior manager within the Fostering Service – see Section 2, Introduction);
5. The police;
6. Any other agency involved with the child or foster family;
7. A representative of the Regulatory Authority.

The Chair of the meeting will be a manager from the Children’s Protection and Review Unit.

The Strategy Meeting must consider:

1. The nature of the allegation, its source and reliability;
2. 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, any previous allegations made against the carers or a member of the family, and any exceptional features about the child and the placement;
3. The involvement of other agencies, for example if the child was placed by another local authority;
4. The need to inform other agencies who use the foster home;
5. Who will notify the Regulatory Authority of the outcome of the meeting, if not in attendance;
6. The safety of all children in the household including the foster carer’s own children, including whether any action is necessary to protect the children including the removal of all or any of the children while the investigation is conducted;
7. How the needs of any child who has to leave the placement will be met including contact with other children in the placement;
8. How and by whom the investigation is to be conducted;
9. The time-scales for the investigation;
10. How the child should be informed of the procedure to be followed and supported through the process;
11. How, when and by whom the foster carers should be informed of the allegation and whether the alleged perpetrator should be asked to leave the home while the investigation is conducted;
12. How to inform the child’s parents of the allegation;
13. What support to offer the carers;
14. How the contents of the reports on the investigation and assessments will be shared with the foster carers;
15. How and when the matter should be reported to the Fostering Panel and whether further placements should be suspended in the meantime;
16. Whether there is a duty to refer the foster carers to the Independent Safeguarding Authority;
17. The date of the follow-up Strategy Meeting.

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 Regulatory Authority must be kept informed. 

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.

Copies of the action points and the minutes should be held on the child’s record and the foster carer’s record.

Any decision to take no further action following the Strategy Meeting can only be made by the Designated Manager (Foster Carer Allegations). This decision and the reasons for the decision must be clearly recorded by the decision-maker on the child’s record and the foster carer’s record, and reported to the Regulatory Authority.

3.3 Investigation and Action

In anticipation of the outcome of the investigation being reported to the Fostering Panel, the social worker should contact the Panel Chair to consider the date for the Panel and whether a special Panel meeting will be required.

The actions agreed at the Strategy Meeting should be implemented by those responsible within the agreed timescales.

If the person raising suspicions or making the allegation is not a professional and wishes to remain anonymous, these wishes should be respected.

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. 

The manager of the team undertaking the investigation must send a statement of the allegation to the foster carers as soon as practicable after the above communication.

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 fostering 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 to the foster carers. They must make clear their responsibility to report to the local authority, the Police and in some circumstances to the Court if any information relevant to the investigation comes to their attention. 

They must inform the foster carers how they will be supported and paid whilst they are under investigation.

They must provide to the foster carers:

1. A copy of this procedure and the relevant sections of the London Child Protection Procedures;
2. The address and contact telephone number of any relevant local or national agency which may offer support;
3. Advice about consulting a solicitor;
4. Advice about 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.

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. 

3.4 Concluding the Investigation

A follow-up Strategy Meeting will be reconvened within 15 days of the first meeting. The same people will be invited and the same person will chair the meeting.

The purpose of the follow-up Strategy Meeting is to share information about the investigation, and agree on the outcome of the investigation and responsibilities for any further action including reporting on the matter to the Fostering Panel and whether there is a duty to refer the foster carers to the Independent Safeguarding Authority.

The response of the foster carers to the social worker’s report should be reported to the meeting.

The Chair will notify the foster carers, the child, the parents, other relevant agencies and the Regulatory Authority (if not in attendance) of the decisions made at the meeting.

A report should be presented to the next available Fostering Panel, which should be held within 20 working days of the reconvened Strategy Meeting. 

The social worker preparing the report should consult with the Chair 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 linked to the foster carers) and whether or not a special Panel meeting should be convened.

The procedure to be adopted for the Fostering Panel will be the same as that contained in Review of Foster Carers Procedure.

All relevant documents in relation to the investigation, whatever the outcome, must be retained on the child’s file and the foster carer’s file; and a copy should be provided to the foster carers.

The supervising social worker should arrange a meeting with the foster carer, to go through the outcome in detail with them, explain any follow-up action, discuss the impact of the investigation on the family and the future implications for the provision of care and answer any other questions the foster carers may have. 

Consideration should also be given to holding a debriefing meeting for all involved as to the impact of the allegations and the investigation, whatever the outcome, and any necessary assistance should be made available as necessary. 

End