Private Fostering

What is private fostering?

Private fostering is when a child under 16 (18 if diagnosed with a disability) is cared for by someone who is not their parent or close relative for more than 28 days.

Watch the video to find out what private foster care is and what you might need to do if you are providing private foster care or your child is being cared for.

Examples of when is it a Private Fostering Arrangement:

When a child is cared for by:

• A step sibling, Great Aunt/Uncle, Great Grandparent, cousin, Stepparent (divorced).
• An adult with no legal order for the child
• A child seeking asylum who has arrived in the UK with adult they are not related to.
• An adoptive parent, whereby the adoption is not recognised in UK law.
• Child brought to the UK to be adopted.
• A child attending a language school.
• A child on role with an independent boarding school who does not go home for the holidays for 14 or more consecutive days.

When is it not a Private Fostering Arrangement:

When a child is cared for by:

• A Parent (biological/ adoptive /step), sibling, Grandparent, Aunt or Uncle (full or half).
• An adult with Parental Responsibility (Special Guardianship Order or Child Arrangement Order/ Residency)
• The child is in the care of the Local Authority

What needs to happen?

The Parent:

The child’s parent must notify Torbay Council six weeks before the Private Fostering arrangement starts or with 48 hours if made in an emergency. If the arrangement is already in place, the parent will need to notify the council immediately.

The Carer:

The private foster carer will need to tell the council about the arrangement no earlier than 13 weeks and no later than 6 weeks before the arrangement to care for the child starts. If the arrangement starts in an emergency they must inform within 48 hours.

Professionals involved with the child:

Professionals are required to explain to the parent(s)/carer(s) that they must tell the council of the Private Fostering arrangement as soon as they become aware of it.

Professionals need to liaise with the council and give as much information as they know about the child and the Private Fostering arrangement.

The Law:

• Private Fostering arrangements are covered within the Children Act (1989/2004). The Children (Private Arrangements for Fostering) Regulation 2005 and the National Minimum Standards for Private Fostering 2005. 
• Private Fostering arrangement of a child under 16 (or 18 if they have a disability) s66 Child Act 1989.

Whilst a child is in their care, a Private Foster Carer will make basic day to day decisions for the child however, will not hold Parental Responsibility for the child. Parental Responsibility remains with the parent and they can continue to exercise it. The overarching responsibility to safeguard and promote the welfare of the child remains with parent or any other adult with Parental Responsibility. 

Should a person providing Private Foster Care to a child decline to engage with an assessment with the council, this will impact upon the council being able to recommend the arrangement. Should this happen the council is required to advise the parent(s) of the child why an alternative arrangement needs to be sought. In some cases, this may mean that the council may have to work with the family to explore alternative arrangements for the child’s care and in certain circumstances, the council may need to seek legal advice.

What does the Council need to do?

The council is required to complete both a s17 Child in Need assessment and a Private Fostering assessment to ensure that any arrangement is safe, suitable and complaint with minimum standards. The assessment work is completed jointly by an allocated social worker to the child and an assessing social worker from the Fostering Team.  Actions required include:

• Social Work s17 initial visit within 5 working days.
• Fostering visit to the child, the carer and the carers home within 7 working days. Sometimes this will be a joint visit made by both practitioners.
• Practitioners will talk to the child alone and gain their views, wishes and feelings as to the where they are living (unless it is deemed inappropriate to do so).
• Contact is to be made with the child’s parent(s) to discuss the Private Fostering arrangement.
• Complete an assessment of the child’s needs and the suitability of the Private Fostering arrangement and ensure clarity by all parties as to the duration of the arrangement.
• Complete a Disclosure and Barring Service check on all persons over the age of 16 residing in the carers home.
• The first Regulation 8 visit must be undertaken within 6 weeks of the placement start/notification date and take place a minimum of one visit every 6 weeks thereafter to the child and carer. After one year this will change to once every 12 weeks for all subsequent years following the completion of an assessment.
• An annual review of the Private Foster Carer needs to be undertaken.
• Offer ongoing advice and guidance to the Private Foster Carer.
• Support in bringing families in crisis back together.
• Private Fostering is a private arrangement between the parent(s) and carer(s) therefore any financial arrangements are made between the parent and the carer. The carer for the child may be eligible to claim Child Benefit and Universal Credit.
• It may be appropriate for a Family Group Decision Meeting to take place to support the planning around the arrangement.

These actions will ensure the child is safe, well cared for and is happy in within their arrangement.  It is important the council is kept informed of any significant changes, such as another adult moving into the home or the Private Fostering arrangement ending.

Children who are living in a Private Fostering arrangement are not Cared for Children, and are therefore outside of the care of the council. Upon completion of the assessments, the child and carer are then supported via s.17 Child in Need planning processes.

What needs to be considered:

Within some Private Fostering arrangements, a child may become at risk of or be exposed to significant harm. If this is the case, statutory safeguarding processes will need to be followed. In certain circumstances consideration may be needed as to whether a child has been trafficked (transported for exploitation) and brought to the UK to work. These concerns need to be explored carefully. Should a Private Fostering arrangement be deemed unsuitable within or outside the assessment process, the local authority is required to write to the carers and parents explaining why. The Private Foster Carer can appeal the decision within 14 days of receiving the written decision.  If the local authority determines the arrangement unsuitable and the child cannot return to their parents’ care, the local authority must decide what action is needed to ensure the child’s welfare is safeguarded.

Useful links:

• Looking after someone else's child - GOV.UK
• Private fostering - childlawadvice.org.uk