THE ALLEGATIONS PROCESS

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The allegations against foster carers process is governed by the Children Act 2004, Working Together to Safeguard Children 2018 and local safeguarding children procedures. 

This process can be an extremely challenging and stressful time for children and young people, foster carers and staff. 

Foster carers and social workers need a good understanding of the process and the support available from their fostering service.

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The role of the Designated Officer, or DO, (formerly known as the Local Authority Designated Officer, or LADO)

The role of the DO (Designated Officer) is set out in statutory guidance in Working Together to Safeguard Children (2015) and is governed by Local Authorities duties under the Children Act 2004 and Inter-Agency Policy and Procedures. This guidance outlines procedures for managing allegations against people who work with children who are paid, unpaid, volunteers, casual, agency or anyone self-employed. This includes foster carers,

The DO’s role is to:

• Provide advice and guidance to employers and voluntary organisations

• Liaise with the police and other agencies

• Monitor the progress of cases to ensure that they are dealt with as quickly, thoroughly and fairly as possible 

• Coordinate all allegations and concerns made against a person who works with children within the Local Authority area

• Maintain a database of all allegations and concerns received and will provide reports to the Children’s Safeguarding Board at least annually or on request

• Advise on what action should be taken by the Fostering Service and whether the matter should be referred to Children's Social Care and the Police for a decision on whether to convene a  strategy meeting or an initial evaluation meeting

• Ensure the child’s voice is heard and that they are safeguarded

• The LADO should be involved from the beginning of the allegation through to the conclusion of the case

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What allegations should be reported to the DO?

The DO must be contacted within one working day in response to any allegations made  where the foster carer has:

• behaved in a way that has harmed, or may have harmed a child; 

• possibly committed a criminal offence against, or related to, a child; or 

• behaved towards a child or children in a way that indicates s/he would pose a risk of harm to children (both in and out of the workplace, and concern about the care of their own children).

 

What may happen once an allegation has been reported to the DO?

There may be up to three strands in the consideration of an allegation:

• A police investigation of a possible criminal offence;

• Enquiries and assessment by children’s social care about whether a child is in need of protection or in need of services;

• Consideration by an employer of disciplinary action in respect of the individual

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What you can expect  if an allegation is made against you

 

The process 

• The fostering service registered manager or team manager will discuss the allegation with the DO and your supervising social worker (SSW). They will at this stage make a judgement whether the threshold is met and consider possible courses of action (as highlighted above)

• The initial sharing of information and evaluation may lead to a decision that no further action is to be taken in regard to the individual facing the allegation or concern

• Through this discussion the welfare and safety of the child is paramount. If there is cause to suspect that a child is suffering or is likely to suffer significant harm, immediate action must be taken to safeguard the child/children involved

• Your SSW will share information with you as soon as they are permitted to do so in line with the DO procedures.

• Depending on the nature of the allegation and in agreement with agencies involved, the immediate course of action may involve the child or children being removed from your care. 

 

Strategy Meeting 

• If there is cause to suspect that a child is suffering or likely to suffer significant harm a strategy discussion/meeting will be held to determine whether the threshold has been met to prompt enquiries under s47 of the Children Act 1989.

• This meeting will involve the SSW and/or their manager and should evaluate the allegation, share information and decide how the allegation should be dealt with.

• The meeting will decide what information can be shared with whom and when. 

• If it is agreed that there are no further actions required under Child Protection Procedures, it may be agreed that children's services or your fostering service will carry out a Standards of Care (SOC) investigation. This may involve a review or position of trust meeting taking place to agree what actions may need to be taken.

• At the end of the process you will be informed of the outcome of any allegation investigation. You will be invited to a foster care review panel to consider your fostering approval, any change in approval terms that may be needed and any training you may need to undertake.

 

Fostering National Minimum Standards

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STANDARD 22 - Handling allegations and suspicions of harm

 

Underpinning Legislation:

11 – Independent fostering agencies – duty to secure welfare

12 – Arrangements for the protection of children
17 – Support, training and information for foster parents
30 – Case records relating to foster carers and others

36 – Notifiable events

Children Act 1989:
Section 22 – General duties of local authority in relation to children looked after by them
Sections 61 and 62 – duties of voluntary organisations and local authorities in relation to children accommodated by or on behalf of the voluntary organisation

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Outcome:

Allegations and suspicions of harm are handled in a way that provides effective protection and support for children and the person making the allegation, and at the same time supports the person who is the subject of the allegation.

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22.1) All foster carers, fostering service staff and volunteers understand what they must do if they receive an allegation or have suspicions that a person may have:

1. behaved in a way that has,or may have, harmed a child;

2. possibly committed a criminal offence against or related to a child; or

3. behaved towards a child in a way that indicates he or she is unsuitable

   to work with children.

The fostering service ensures that the required actions are taken, or have been taken, in any relevant situation of which it is aware.

 

22.2) The fostering service’s procedure is in line with Government guidance and requirements, including the duty to refer information to statutory bodies (Since October 2009, the duties to refer concerns regarding individuals under List 99 and the Protection of Children Act 1999 have been replaced by a duty to provide information to the Independent Safeguarding Authority). It is known to foster carers, fostering service staff, volunteers and children.

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22.3) A copy of the fostering service provider’s child protection procedures is made available to foster carers, fostering service staff, volunteers and children. Any comments on these procedures are taken into account by the provider.

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22.4) The fostering service provider’s child protection procedures are submitted for consideration and comment to the Local Safeguarding Children’s Board (LSCB) and to the Local Authority Designated Officer (LADO) for Child Protection10 (or other senior officer responsible for child protection matters in that department). They are consistent with the local policies and procedures agreed by the LSCB relevant to the geographical area where the foster carer lives. Any conflicts between locally agreed procedures and those of other placing authorities are discussed and resolved as far as possible.

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22.5) Each fostering service has a designated person, who is a senior manager, responsible for managing allegations. The designated person has responsibility for liaising with the LADO and for keeping the subject of the allegation informed of progress during and after the investigation.

 

22.6) Allegations against people that work with children or members of the fostering household are reported by the fostering service to the LADO. This includes allegations that on the face of it may appear relatively insignificant or that have also been reported directly to the police or Children and Family Services.

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22.7)  A clear and comprehensive summary of any allegations made against a particular member of the fostering household, or staff member, including details of how the allegation was followed up and resolved, a record of any action taken and the decisions reached, is kept on the person’s confidential file. A copy is provided to the person as soon as the investigation is concluded. The information is retained on the confidential file, even after someone leaves the organisation, until the person reaches normal retirement age, or for ten years if this is longer.

 

22.8) As soon as possible after an investigation into a foster carer is concluded, their approval as suitable to foster is reviewed. There is a clear policy framework which outlines the circumstances in which a foster carer should be removed as one of the fostering service provider’s approved foster carers, in the interests of the safety or welfare of children. This is available to foster carers.

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22.9) Investigations into allegations or suspicions of harm are handled fairly, quickly, and consistently in a way that provides effective protection for the child, and at the same time supports the person who is the subject of the allegation. Fostering services follow the framework for managing cases of allegations of abuse against people who work with children as set out in Working Together to Safeguard Children.

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22.10) Fostering services ensure that a clear distinction is 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.

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22.11) There is written guidance for foster carers and staff, which makes clear how they will be supported during an investigation into an allegation including payment of allowance and any fee to foster carers while investigations are ongoing.

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22.12) During an investigation the fostering service makes support, which is independent of the fostering service, available to the person subject to the allegation and, where this is a foster carer, to their household, in order to provide:

1. information and advice about the process;

2. emotional support; and,

3. if needed, mediation between the foster carer and the fostering service and/or advocacy (including attendance at meetings and panel hearings).

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