3.7.5 Allegations against Foster Carers, Prospective Adopters and Adopters

SCOPE OF THIS CHAPTER

This procedure applies where allegations are made or suspicions are raised that approved foster carers or approved prospective adopters have caused Significant Harm to a child. It should be read in conjunction with the London Safeguarding Children Board's Child Protection Procedures. It also applies where allegations are made by or in relation to a child placed for adoption or a child already adopted and in receipt of adoption support services. It may relate to recent abuse or neglect or historical abuse.

It should be noted that there are separate general procedures for Management of Allegations Against Adults who Work with Children (Southwark Safeguarding Children Board Protocol) that is those who are not foster carers, prospective adopters or adopters.

AMENDMENTS

This chapter was revised in December 2011, to reflect the Fostering Services (England) Regulations 2011, Associated Guidance and National Minimum Standards and the Adoption National Minimum Standards 2011 and Adoption Guidance 2011. Section 1, Introduction has been amended to include reference to the identification of a Designated Manager for Allegations within the Fostering and Adoption Service and ensuring all staff are aware of this procedure. Section 3, Initial Action now includes additional responsibilities for the supervising social worker/adoption link worker. Section 5, The Strategy Meeting, Stage 2 includes reference to the support and payment of foster carers during an investigation. Section 6, Final Strategy Meeting refers to the documentation of the investigation.

Introduction
First Considerations
Initial Action
Initial Evaluation
The Strategy Meeting
Final Strategy Meeting
Learning Lessons
Children who have been adopted

1. Introduction

1.1	There are 3 recent important publications which detail how allegations against foster carers and/or prospective adopters should be managed. They are: Appendix 5 of Working Together to Safeguard Children 2010; Managing Allegations and Serious Concerns About Foster Carers' Practice: a guide for fostering services 2006; Section 15 of the London Child Protection Procedures, 2010.
1.2	Southwark Children's Services will follow the London Child Protection Procedures, 2010. These are based on the statutory guidance contained in Working Together to Safeguard Children 2010 and are set out in the Management of Allegations Against Adults who Work with Children (Southwark Safeguarding Children Board Protocol) . However these are generic procedures for all adults who work with children and can be difficult to read with foster carers or adopters in mind. As such the following guidance presents a straightforward version of those procedures with direct relevance for foster carers and prospective adopters of children placed by Southwark.
1.3	The purpose of this guidance is not to replace those procedures but to make them plain and more relevant for Southwark foster carers, social workers and prospective adopters/adopters of Southwark children. For more detail Section 15 of the London Child Protection Procedures 2010, should be consulted.
1.4	In addition, in relation to the Fostering and Adoption Service, it is an expectation of the Fostering National Minimum Standards 2011 and the Adoption National Minimum Standards 2011 that: A senior manager within the Fostering and Adoption 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 and Adoption Service are aware of the requirements of this procedure, including the role of the Independent Safeguarding Authority.
1.5	Historical allegations by children placed for adoption or already adopted and in receipt of adoption support services should be responded to in the same way as contemporary concerns. It will be important to ascertain if the person about whom the allegation is made is currently working with children and if that is the case, to consider whether the current employer should be informed.

2. First Considerations

2.1

The first consideration is: does the allegation meet the threshold for consideration under procedures for managing allegations against those that work with children. The threshold for this is if the foster carer or prospective adopter has allegedly:

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 be unsuitable to work with children.

Note: This threshold may be met even if the threshold of Significant Harm is not met.

If the allegation meets one or more of the categories above then:

2.2

The second consideration is: in which local authority does the foster carer or prospective adopter live? The procedures of that local authority must apply when any allegation under the above threshold is to be considered.

If the foster carer or prospective adopter lives in London but outside Southwark, then the London Child Protection Procedures 2010 should be followed. Some London local authorities may have written specific procedures for allegations against foster carers or prospective adopters but they should follow the London Child Protection Procedures. The guidelines below may be helpful in understanding how those procedures may work for foster carers and prospective adopters outside Southwark. See also Section 3, Initial Action.

If the foster carer or prospective adopter lives outside London then the procedures of that local authority will need to be followed. These should be based on (or identical to), Appendix 5 of Working Together to Safeguard Children 2010. See also initial action section below.

If the foster carer or prospective adopter lives in Southwark then Sections 3 to 7 applies.

3. Initial Action

3.1	The key person for managing allegations against foster carers or prospective adopters in any local authority is the Local Authority Designated Officer (LADO) for managing allegations against those that work with children. In Southwark the LADO is the Quality Assurance Service Manager. Many of the day-to-day functions of the LADO are undertaken by Child Protection Coordinators, based in the Quality Assurance Unit under the direct management of the LADO. For purposes of this guidance this role will be referred to throughout as the LADO.
3.2	If you are aware of an allegation against any foster carer or prospective adopter living in Southwark, and you are clear that it falls under the above threshold criteria (2.1.1-3), then you or the child's social worker should make contact with the Duty Child Protection Coordinator - LADO at the Quality Assurance Unit the same day and discuss the allegation. The Duty Child Protection Coordinator - LADO will make an initial evaluation of the allegation and decide what happens next.
3.3	If you are aware of an allegation against a foster carer or prospective adopter living outside Southwark, and you are clear that it falls under the above threshold criteria (Section 2), then you or the child's social worker should make contact with the LADO for the relevant local authority. In this situation you should contact the Quality Assurance Service Manager for advice and assistance with contact details.
3.4	If you are aware of an allegation against a foster carer or prospective adopter regardless of where they are living and are unsure whether it fits the threshold criteria, you should discuss it with the Duty Child Protection Coordinator - LADO for further advice. You should also inform the designated senior manager within the Fostering and Adoption Service - see Section 1, Introduction and subject to his or her advice: Inform the social workers for any other child in the placement; Inform any other local authority with an interest in the foster placement.
3.5	Children who are adopted and living in Southwark may become subject to Child Protection Procedures. It is essential that whilst all elements of the Pan London Child Protection Procedures are followed as for Children in Need, the "adoption context" of these children is not forgotten. They will have histories from before their placement for adoption and this may have direct relevance to the allegations, especially as post-adoption support services may be in place from either Southwark or the placing local authority. The Southwark Adoption and Permanence Team should always be contacted in these cases. Files held can only be unsecured by an Adoption Team Manager or the Duty Manager. They may have crucial background information, if the child was placed by Southwark or the adopters were approved by Southwark. If neither is the case they can still offer assistance in terms of their specialist knowledge to both the investigating social workers and as possible supports to the adopters.

4. Initial Evaluation

4.1	There are up to three strands in the consideration of an allegation: A police investigation of a possible criminal offence; Social care enquiries and/or assessment about whether a child is in need of protection or services; Consideration by Southwark Fostering and Adoption Services of whether the foster carer's suitability to foster should be reviewed in accordance with the Fostering Services Regulations, or whether the placement with adopters should still be supported in court if the adoption application has been made) or the child should be removed (if no application has been made) - this will need to take account of the fact that the prospective adopters already share Parental Responsibility from the time when the placement is made.
4.2	The Child Protection Coordinator/LADO first considers whether further details are needed before proceeding to a Strategy Meeting and whether there is sufficient information that establishes the allegation is false or unfounded.
4.3	If the allegation is not demonstrably false and there is cause to suspect that a child is suffering or likely to suffer Significant Harm, the Child Protection Coordinator / LADO should request the social work team for the relevant child convene a Strategy Meeting as soon as possible but no later than 3 days after the initial evaluation. They should agree who will be invited, see Section 5.5 below. In urgent cases it may be necessary to plan enquiries by way of a Strategy Discussion.
4.4	There may need to be consideration of whether any children need to be moved from the placement while enquiries continue and the managers for the children involved will make this decision in consultation with the LADO and the fostering manager. If agreement cannot be reached, the final decision will lie with the Team Manager for the child and in their absence the Service Manager
44a	If a child is placed for adoption, removal can only happen by the Police, under Police Powers of Protection, through an Emergency Protection Order, or by notice of removal being given to the adopter prior to removal and agreed by the Head of the Adoption Service. Consideration of removal requires specific legal advice which must be taken whenever this situation is considered.
44b	If the allegation is made after the child has left the placement, the same consideration should be made in relation to convening a Strategy Meeting/Discussion. Where an adult who was once a Looked After child makes an allegation against a previous foster carer, this would be primarily a police investigation unless the person against whom the allegation has been made continues to be in a position of trust with children.
4.5	The social worker for the child who is making the allegation is responsible for convening the Strategy Meeting and must take responsibility for informing OFSTED of the allegation and inviting them to the Strategy Meeting. This is done by emailing- enquiries@ofsted.gov.uk. The Child Protection Coordinator/LADO and Fostering or Adoption Team Manager should be copied into this notice.
4.6	The police must be consulted about any case in which a criminal offence may have been committed. If the threshold for Significant Harm is not reached, but a police investigation might be needed, the Child Protection Coordinator/LADO should immediately inform the police and convene an initial evaluation to include the police, Southwark Fostering and/or Adoption Service and the social worker for the child.
4.7	If the allegation does not meet the threshold of Significant Harm, the LADO will still need to agree any further investigation with the fostering team and be informed of the outcome in writing.
4.8	If the allegation does not meet the threshold set out in Section 2 above the Duty Child Protection Coordinator will confirm in writing to the Fostering or Adoption Team Manager, and child's social worker, the outcome of the initial evaluation outlining the details of the allegation and evidence that shows it should not be considered further under these procedures.
4.9	The Duty Child Protection Coordinator will log all referrals and record the outcome even if no further action is taken.
4.10	If an assertion by a child /young person does not meet the criteria to be treated as an allegation but does raise concerns and needs further addressing, this will be investigated /addressed under the Standards of Foster Care Guidance.

5. The Strategy Meeting

5.1	Wherever possible, a Strategy Meeting should take the form of a meeting. However on occasions a telephone discussion may be justified.
5.2	All Strategy Meetings under these procedures for foster carers or prospective adopters living in Southwark will be chaired by a Child Protection Coordinator from the Quality Assurance Unit fulfilling the role of the LADO.
5.3	The Child Protection Coordinator/LADO will be independent of any previous involvement with casework or case management.
5.4	Foster carers, prospective adopters and young people will not be invited to Strategy Meeting s as they are considered confidential meetings under child protection procedures. The meetings will consider how and when carers and children are informed of any allegations in recognition of their rights to information as soon as possible, balanced against any duties to safeguard children.
5.5	Possible participants at a Strategy Meeting The child's social worker and line manager; The supervising fostering social worker and line manager or a representative who can represent the involvement of the service (who will liaise as necessary with the designated senior manager within the Fostering and Adoption Service - see Section 1, Introduction); The adoption social worker who supports the adopters or who made the placement if it is an inter-agency placement and the social worker from the other agency if they approved the adopters; Detective sergeant from the Police Child Abuse Investigation Team; Legal adviser where appropriate; OFSTED; Consultant Paediatrician if appropriate; Complaints officer if the concern has arisen from a complaint; Social worker for any other child in placement; Carelink if involved or any other person involved with the child who can contribute e.g. teacher, CLA Education adviser, wider family if appropriate.
5.6	(Stage 1) The Strategy Meeting /Discussion should: Consider the allegation in detail, evidence and context of allegation; Consider the allegation in the context of any previous allegations or concerns relevant to the child and/or the foster carer; Consider any relevant historical information about the child or carer that may help to understand the allegation; Consider whether the foster carer or prospective adopter used reasonable force to control or restrain the child if relevant; Decide whether there should be a Child Protection Enquiry and/or police investigation and consider the implications; Consider the safety and welfare of any other children with whom the foster carer or prospective adopter has contact, e.g. other children of the household, relatives, or other children visiting the household; Where it is decided that a child needs to be removed from a foster placement to guarantee safety, an investigation will subsequently be carried out as to the suitability of a foster carer to continue fostering; Where it is considered that safety can only be guaranteed by the removal of a child placed for adoption and where no application has been made for the Adoption Order, removal can only be by the Placing Authority with agreement with the adopters , or if not in agreement by the use of Police Protection or an Emergency Protection Order as adopters have shared Parental Responsibility; Where a child is in an adoptive placement, an application to adopt has been lodged and a child's safety can only be guaranteed by removal, then an application will need to be made to court for the child's removal.
5.7	(Stage 2) If further investigation is needed the Strategy Meeting /Discussion should: Plan enquiries, allocate tasks and set timescales for completion of tasks. Consideration should be given for the need for thoroughness in investigation as well as being completed as quickly as possible; Ensure that any investigation is sufficiently independent of the carer and those involved with supporting them. The investigation cannot be undertaken by the current supervising social worker and practice manager for that foster carer or adopter; Decide what initial information can be shared with the foster carer by whom and when. This would usually be the supervising fostering social worker or their line manager. The investigating social worker should provide the foster carer with a written account of their interview including the details of the complaint within 48 hours of the interview; Decide what information should be shared with the child and parents of the child by whom and when. If the child is looked after under Section 20 then the parents must be informed of the allegation unless this would prejudice any enquiry or any child's safety. This would usually be by the child's social worker or line manager; Ensure that arrangements are made to protect the child and any other children who may be at risk including taking emergency action where needed; Consider whether there is any need to suspend the status of the foster carer while the investigation proceeds; Consider what support should be provided to all children who may be affected and who would provide it; Consider what support should be provided to the foster carer or prospective adopter during the investigation and who would provide it. Those who provide the support must inform foster carers/prospective adopters on how they will be supported and paid whilst they are under investigation; Consider what support should be given to others who are affected by the allegation and who would provide it; Agree arrangements for reviewing investigations and monitoring progress by the Child Protection Coordinator/LADO, having regard to the target timescales; Consider issues for the attention of senior management (e.g. media interest, resource implications); Agree dates for future Strategy Meetings / Discussions. These should be planned to review progress of the investigation, the decisions made at the previous Strategy Meeting and update the questions; Chair to send copies of any Strategy Meetings to OFSTED.

6. Final Strategy Meeting

6.1	A Strategy Meeting should be convened at the end of the investigation to come to a conclusion about the allegation. It should make as clear as possible what has been substantiated and what hasn't. It should also consider whether any of the allegations are unfounded.
6.2	The final Strategy Meeting needs to decide what the child will be told about the outcome of their complaint. Regardless of the outcome it is important young people understand that we take their welfare seriously and want to hear about any concerns they have.
6.3	The final Strategy Meeting Record, completed by the Child Protection Coordinator, should function as a report of the outcome of the investigation. This should be completed within 5 working days of the final meeting. A copy must then be forwarded by email to OFSTED - to enquiries@ofsted.gov.uk - by the Child Protection Coordinator and a letter needs to be sent to the foster carer informing them of the outcome of the investigation and any necessary action.
6.4	The final Strategy Meeting may make recommendations about action to be considered by the Fostering and Adoption Service with respect to safeguarding or about an aspect of current practice which may impact on future safeguarding or making a referral to the Independent Safeguarding Authority for inclusion on the Barred Lists. The latter should only be made in consultation with the Fostering and/or Adoption Service Manager. The LADO will record all outcomes for reporting to the Department for Education.
6.5	Sometimes it is not possible to hold a Strategy Meeting with everyone in the same room in a short space of time and it may be more appropriate for the investigation to conclude by way of Strategy Discussions coordinated by the Child Protection Coordinator/LADO. If this route is taken the Child Protection Coordinator/LADO must complete a report of the investigation and discussions, reaching clear evidenced conclusions as far as possible, and forward this to the Fostering and/or Adoption Service Manager within 5 working days. All final strategy minutes and letters need to be placed on the child's electronic record by QA where the child's residence is in Southwark and by the social worker where the child is living outside Southwark. All information relating to a foster carer needs to be sent to the Supervising Social Worker for uploading.
6.6	Allegations of extreme abuse are rare against foster carers / prospective adopters. Allegations made and then retracted may indicate other problems for the child and /or in the placement as do all allegations made which are proven to be false. Consideration must be given to all the factors impacting on a child's life while in the placement. Such situations may require further exploration by social workers for both the child and the foster carer or prospective adopter but not under the aegis of safeguarding. If it is decided that the placement can continue then this will be subject to the usual reviewing cycle.
6.7	If it is established that an allegation has been deliberately invented, the police should be asked to consider what action may be appropriate.
6.8	All relevant documents in relation to the investigation, whatever the outcome, must be retained on the child's and the foster carer's records, a copy of which should be given to the carer. Any allegation made against a prospective adopter or a member of the household and how it was dealt with and decisions made should be recorded on the prospective adopters' case record and retained for 100 years after the adoption order is made.
6.9	Reports on all child protection allegations and Strategy Meetings are submitted to the Fostering Panel/Adoption Panel as appropriate for their recommendation as to suitability for future fostering.

7. Learning Lessons

At each Strategy Meeting, and the conclusion of the investigation, the Child Protection Coordinator/LADO should consider, along with the designated senior manager for allegations, the Service Manager in both the Fostering and Adoption Service and key professionals involved in the investigation, whether the circumstances of the case determine that any lessons should be learned about how such allegations are managed in order to prevent a similar event in the future.

8. Children who have been adopted

Children who are adopted and living in Southwark may be subject to child protection procedures.

Adopted children, for example, may make allegations of historical abuse, i.e. which relate to the period before their adoptive placement.

It is essential that whilst all elements of the London Child Protection Procedures are followed, the "adoption context" of these children is not forgotten. They will have histories from before their placement for adoption, which may have direct relevance to the allegations.

The Southwark Adoption and Permanence Team should always be contacted in these cases. They may have crucial background information, if the child was placed by Southwark or the adopters were approved by Southwark. If neither is the case they can still offer assistance in terms of their specialist knowledge to both the investigating social workers and as possible supports to the adopters.

End