Private Fostering

A private fostering arrangement is essentially one that is made privately (that is to say without the involvement of a local authority) for the care of a child under the age of 16 (under 18, if disabled) by someone other than a parent or close relative with the intention that it should last for 28 days or more. Private foster carers may be from the extended family such as a cousin or great aunt.

However, a person who is a relative under the Children Act 1989 i.e. a grandparent, brother, sister, uncle or aunt (whether of full blood or half blood or by marriage or civil partnership) or step-parent will not be a private foster carer.

For a person to be legally considered a step-parent they must be married to one of the child’s biological parents.

A private foster carer may be a friend of the family, the parent of a friend of the child, or someone previously unknown to the child's family who is willing to privately foster a child. The period for which the child is cared for and accommodated by the private foster carer should be continuous, but that continuity is not broken by the occasional short break.

A child who is Looked After or placed in any residential home, hospital or school (where they are receiving full-time education) is excluded from the definition. In a private fostering arrangement, the parent retains Parental Responsibility.

However, Children under 16 who spend more than 2 weeks in residence during holiday time in a school, become privately fostered children for the purposes of the legislation during that holiday period.

(Note: the local authority may exempt any person from giving written notice either for a specified period or indefinitely. This exemption may be revoked in writing at any time.)

Where a child is to be placed with private foster carers, the local authority (Early Help and Safeguarding Hub / EHaSH) must be notified in writing at least 6 weeks before an arrangement begins. Where no prior notification of a placement is given, private foster carers must notify the local authority of the placement immediately.

The person making the notification should be asked to provide the following information:

1. The name, gender, date and place of birth and address of the child;
2. The racial origin, cultural and linguistic background and religion of the child;
3. The names and address of the person making the notification and any previous address within the last five years;
4. The name and addresses of the child's parents and any previous addresses within the last 5 years;
5. If different, the name and address of the person from whom the child was or is to be received;
6. The name and address of the private foster carers and any previous addresses within the last 5 years;
7. The name and address of any other person who is involved in making the arrangement;
8. The name and address of any siblings of the child who are under 18, and the current arrangements for their care;
9. The purpose and likely duration of the arrangement;
10. The intended date when the child is to be placed with the private foster carers or the date when the placement began.

In relation to notifications given by the private foster carer or proposed private foster carer, the following information should also be obtained:

• Any offence of which they or any other member of the household has been convicted;
• Any disqualification or prohibition (see Section 9, Prohibition and Disqualification) placed on them or any other member of the household;
• Any actions taken or orders made in relation to the private foster carer or any child who is or was a member of the same household.

Written notification must also be made to the local authority by the private foster carer within 48 hours of any change in circumstances, e.g. a change of address, a change in the household, a criminal conviction/disqualification or prohibition (see Section 9, Prohibition and Disqualification) in relation to any person in the household or any intention to foster another child privately.

Where notification is that the private foster carers have moved to live in the area of another local authority, the social worker must immediately pass to the new authority the name and address of the foster carer, the name of the child being privately fostered, the name and address of the child's parents.

Where notification is that the placement has ended, the social worker should ascertain the name and address of the person now caring for the child and their relationship with the child.

Parents also have a duty to notify the local authority in writing of the ending of the placement including the name and address of the person into whose care the child has moved.

Any agency that becomes aware of a private fostering arrangement must immediately notify the local authority in writing of the arrangement and must inform the parent and private foster carer of their intention to do so.

When notification or information is received from any source that a child is privately fostered, this information must be passed to Hull, Children, Young People and Family Services (CYPFS) Early Help and Safeguarding Hub (EHaSH). Unless the case is already open or has been closed within the last 3 months, in which case it will be directed to the relevant Team.

A social worker will be allocated to carry out the following initial tasks within 1 week of the notification:

1. Visit the foster carers in the home where the child is to live and speak to them and all members of the household - see Section 4 below;
2. Visit and speak to the child alone, unless the social worker considers it inappropriate to do so;
3. Speak to and if possible visit the parents;
4. Ensure that the purpose and likely duration of the private fostering arrangement is understood by and agreed between the parents and the private foster carers;
5. Ascertain the wishes and feelings of the child about the private fostering arrangement;
6. Check the suitability of the accommodation, the capacity of the private foster carer to look after the child, the suitability of other members of the private foster carer's household;
7. Ensure that the parents are involved in planning for the child and explore whether the child's needs may be more appropriately met by providing services to the child and parent at home;
8. Encourage the parents to draw up a written agreement (it may be helpful to use a Placement Plan as a guide) with the foster carers as to their respective expectations and responsibilities in relation to the fostering arrangement including financial arrangements and the child's contact with their parents and other significant family members;
9. Where the child has already been placed, ensure that the child's development in all aspects is satisfactory, that the standard of care being given to the child is appropriate and that the child's needs arising from their religious persuasion, racial origin and cultural and linguistic background are being met;
10. Where the child has already been placed, check that the financial matters are in order and the contact arrangements are working;
11. Notify the relevant health and education agencies of the child's placement or proposed placement including the health visiting service where appropriate;
12. Ensure that any necessary links are or will be established with other agencies for example because of the child's disabilities and/or special educational needs;
13. Enter the child and the carer's details onto Liquidlogic.

Parents have a duty to notify the local authority of the ending of the placement including the name and address of the person into whose care the child has moved.

Unless a young person has a disability, private fostering ends at 16. Children's Services will review the young person's circumstances and future plans as they approach 16. Where a young person remains with the private foster carers after the age of 16, but requires continuing support, they should be assisted as a Child In Need. Where the young person moves to independent living, support can be provided to them up as they will fall within the definition of Qualifying Young People (Note that the DfE Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers acknowledges that some 'Qualifying children' will be as vulnerable and have similar support needs as those who are Eligible, Relevant or Former Relevant).

Support may include advice, befriending and discretionary financial assistance where the young person has no other means. It will be provided at the request of the young person on the basis of assessment of need and can continue up to the age of 25 or beyond if the young person is in higher education, up to the end of the course. Note that in these circumstances, it is possible also for the local authority to also provide vacation holiday accommodation.

Any request by the young person should be made to the local authority in which they are resident or where the education and training is being provided.

When a private fostering arrangement ends the social worker should complete the Termination of Private Fostering Arrangement form on Liquidlogic.

See Leaving Care and Transition to Adulthood Procedure.

Documents relating to Private Fostering can be found in the Resources.