Introduction

1.1 Standards of care are achieved through high standards of practice in recruitment, preparation, training, support, supervision and review. Any perceived fall in standards of care should be identified quickly by supervising social workers and addressed in supervision. Support should be provided to raise the standard of care to an acceptable level. In certain circumstances, issues about standards of care, including potential child protection issues, will constitute a breach of the Brighton and Hove Families, Children and Learning Foster Care Agreement. This procedure covers those circumstances.

1.2 Concerns regarding standards of care, complaints or child protection allegations regarding foster carers are dealt with under one or more of the following procedures:

a) Standards of Care Procedures in relation to Approved Foster Carers

b) Brighton and Hove City Council Complaints Procedure

c) Pan Sussex Child Protection and Safeguarding Procedures, Fostering and Adoption sections in particular.

1.3 This Standards of Care Procedure applies to situations where the quality standards outlined in the Brighton and Hove Families, Children and Learning Foster Care Agreement are or appear to be breached. Concern expressed in direct relation to the conduct, attitude and practices of a carer are investigated under this procedure. It applies to a wide range of concerns, which may include the emotional and physical care of children, working with birth parents or discriminatory attitudes or behaviour. Minor concerns should be resolved in consultation with the supervising social worker and the foster carer. Standards of care procedures should only be invoked if it is not possible to resolve minor concerns at this first stage.

1.4 Any child protection concerns regarding a foster carer’s care of their own birth children must be dealt with under the Fostering and Adoption section of the Pan Sussex Child Protection and Safeguarding Procedures. If an investigation under the Child Protection and Safeguarding Procedures clarifies that there are no child protection concerns but does raise standards of care issues regarding the foster carer’s own children then the Standards of Care Procedure should be invoked. How a foster carer cares for their own children, clearly has implications for the care of looked after children in a foster placement.

1.5 The Brighton and Hove City Council’s Complaints Procedure is available to any young person or parent wishing to make representation or complaints. The Complaints Procedure can be used alone or in conjunction with the Standards of Care and Child Protection and Safeguarding Procedures.

1.6 The Child Protection and Safeguarding Procedures apply to situations where an allegation of neglect or abuse by a foster carer or a member of the foster carer’s household has been made. The decision whether a concern comes under the Child Protection and Safeguarding Procedures is made by the LADO in conjunction with the Team Manager with responsibility for the child in placement and the Team Manager in the Fostering Service. At any point it is decided that Child Protection Procedures and Safeguarding are not appropriate, the matter may be dealt with under the Standards of Care or Complaints Procedures. Child protection issues take precedence.

Principles

2.1 Complaints by or on behalf of a child looked after by Brighton and Hove Families, Children and Learning are always taken seriously. The overriding principle in the application of this procedure is that the needs of the child are paramount. Children making complaints have access to the Youth, Advocacy & Participation Service. All children in the carer's household must be seen on their own during the investigation.

2.2 Complaints and concerns expressed against foster carers are an inevitable result of the increasingly complex and sensitive work carers are required to undertake. When concerns are expressed, Children and Families is obliged to investigate. It is recognised that this process can be uncomfortable for carers, though the clarification arising from the investigation can also be beneficial to carers, especially if misunderstandings are resolved through improved communication. Staff aim to carry out investigations sensitively, openly and honestly. Brighton and Hove Families, Children and Learning also respects the rights and interests of its carers. When a complaint, verbal or written, is made, Families,Children and Learning will:

2.2.1 Contact carers to inform them that concerns have been expressed regarding the quality of care provided. The carer will be told the substance of the complaint.

2.2.2 The investigation will be carried out by a competent and experienced worker. All the steps in the Standards of Care report form must be followed to ensure compliance with law and good practice. If the complaint is the third or subsequent Standards of Care or S.47 investigation, the Fostering Team manager MUST review the case first and establish if any trends are evident.

2.2.3 The carer will receive support, whilst the investigation into the complaint is carried out and once the findings have been reported.

2.2.4 Carers will be advised throughout the process of investigation by their supervising social worker. In all cases, Children and Families will ensure that alternative sources of support and advice are offered.

2.2.5 Foster carers at all times retain the right to seek independent advice on their own behalf.

2.2.6 Children and Families pays for all its carers to be members of the Fostering Network. Membership of the Fostering Network gives access to a free legal advice and expenses scheme.

2.2.7 At the end of the standards of care procedures process foster carers will receive details in writing of all decisions made and actions taken.

2.2.8 Children and Families will confirm its actions, decisions and outcomes in writing to all parties, including carers. Reports will be sent to the Fostering or Adoption and Permanence Panel for noting/recommendations.

2.2.9 Foster carers will be able to have access to records held about them under Brighton and Hove Children and Families policy on access to files, and Subject Access policy, and subject to them not normally having access to any confidential third party information unless permission has been obtained from the person(s) concerned.

2.2.10 Foster carers will be able to record their own views about any complaint or its investigations and have these records placed on their file.

Initial Response

 3.1 When concerns are expressed about the standards of care provided by a foster carer, the information must be shared as soon as practicable with the following:

1. Carer’s supervising social worker
2. Practice Manager and Team Manager (Fostering, Adoption and Permanence or 16 Plus Support Team)
3. Child’s/young person’s social worker
4. Practice Manager and Team Manager of child’s or young person’s social worker.

3.2 It is the decision of the Team Manager (fieldwork) or the Team Manager (16 Plus Support Team) in consultation with the LADO and the appropriate Service Manager whether the concern constitutes a child protection matter. The Team Manager (16 Plus Support Team) and the appropriate Service Manager make such a decision jointly in order for there not to be a conflict of interest in view of the former’s responsibility for the supported lodgings scheme. The Team Manager (Fostering, Adoption and Permanence or 16 Plus Support) decides whether the concern can be dealt with under normal supervision or whether it should be investigated more formally under the Standards of Care Procedure.

3.3 When the concern is to be investigated under this procedure, the Practice Manager (Fostering, Adoption and Permanence or 16 Plus Support Team) is responsible for ensuring the following steps take place within 28 days:

• When the concern has been made verbally, the person expressing concern must out their concerns in writing within 3 working days to the relevant Practice Manager (not at this stage the foster carer whom concern has been expressed about) in order to proceed with the Standard of Care Procedures.
• A planning discussion and, where necessary, a planning meeting must be held, involving the Practice Manager (Fostering, Adoption and Permanence or 16 Plus Support Team), the supervising social worker, the child’s social worker and their line manager if appropriate. If a planning meeting is held it is chaired by the Practice Manager (Fostering, Adoption and Permanence or 16 Plus Support Team).
• The planning meeting should agree a plan of action and the process for informing the carers of the concerns.
• Information about the standard of care concerns is gathered from relevant sources and collated jointly by the supervising social worker and the child’s social worker.
• A joint visit is made to the carers by the supervising social worker and child’s social worker to explain the concerns or seek clarification.
• The outcome of this visit is fed back to the Practice Manager (Fostering, Adoption and Permanence, 16 Plus Support Team) and the Practice Manager (Fieldwork) who make a joint decision on the appropriate actions to be taken. The Team Manager (Fostering, Adoption and Permanence or 16 Plus Support and the Team Manager (Fieldwork) are informed about the Practice Manager’s joint decision.

Actions

The following actions are available and may include a combination of the following:

4.1 In cases where there is no substance to the concern or the issue has already been addressed - No further action.

4.2 In cases where there is some substance to the concern but the issues can be dealt with in supervision - Further discussion with the carers, recorded in supervision notes. This option could include the Practice Manager in a joint visit.

4.3 In cases where there is significant substance to the concern but the issues can be dealt with in training – The development of a specific training and development programme to address the concerns. The Fostering or Permanence Panels should also be informed as they may wish to advise or require action to be taken.

4.4 In cases where the concerns may affect registration - Bring forward the carer’s annual review with a report and specific recommendations to the Fostering or Adoption and Permanence Panel. It may sometimes be appropriate to ask an Independent Reviewing Officer who has not been previously involved to chair such a review.

4.5 In cases where the nature of the concerns warrants consideration of Child Protection and Safeguarding Procedures - Referral to the LADO and relevant fieldwork Team Manager for a decision within 24 hours.

4.6 The Fostering or Adoption and Permanence Panel should be notified as soon as possible with a detailed report presented to a subsequent Panel meeting.

Post Investigation

 5.1 Serious complaints about a foster carer approved by either of the Brighton and Hove Fostering and Adoption Agencies must be notified to Ofsted [Regulation 36 and Schedule 7 of the Fostering Services (England) Regulations 2011].

5.2 A serious complaint refers to a breach of the quality standards outlined in Brighton and Hove Children and Families Foster Care Agreement, in particular where the welfare, health and safety of the child may have been seriously breached.

5.3 The decision whether the complaint is serious under the terms of Regulation 36 and notified to Ofsted must be made by the Team Manager (Fostering, Adoption and Permanence or 16 Plus Support) in consultation with the Service Manager for Adoption and Fostering. In this case, the supervising social worker must record the nature of the complaint, the action taken and the outcome using the Serious Complaint Form. Copies of the Form must be sent within 28 days of the complaint being received to:

1. Team Managers (Fostering, Adoption and Permanence or 16 Plus Support Team and appropriate fieldwork Team Manager)
2. Ofsted
3. A copy of the Form must be placed on the foster carer’s file and sent to the Service Manager for Fostering and Adoption.

5.4 Statistics on the use of Standards of Care procedures and on complaints and allegations made should be collated and included in the annual fostering service report to the Children and Families, along with the statement of purpose.

Recording

In those instances where the concerns are not deemed serious under Regulation 36, the outcome of the investigation, and any action to be taken, must be recorded on the carer’s file and communicated in writing to all parties, including carers, within 28 days of the complaint being investigated. A log sheet at the front of the carer’s file also records complaints made and the outcome of investigations.