Private fostering is when a child under 16 (or under 18 if disabled) is living with someone who is not a close relative, for 28 days or more. This could be a friend, a great aunt, a cousin, extended family by marriage or someone else known to the child. Close relatives include grandparents, aunts, uncles, brother or step-parent by marriage. This type of arrangement is very different to fostering arrangements where children and young people are placed with Local Authority approved foster carers, or via friends and family (kinship care) foster carers. Privately fostered children are not looked after children.
There are a variety of reasons why a parent may be unable to care for their own child on a short or long term basis and a private fostering arrangement can be a positive response from friends and the local community to a family in need of support. However, any child separated from their parents is potentially vulnerable and therefore workers and volunteers all have responsibilities to ensure the alternative care they receive meets their welfare and safety needs.
There are many reasons why children and young people are privately fostered. Examples of these include those listed below.
By law, the local authority must be told about all private fostering situations. The child's parents, private foster carer and anyone else involved in the arrangement are legally required to inform the local authority as soon as they are made aware of it. It is then the local authority’s legal duty to make sure all private fostering arrangements are safe for the child or young person. Once informed of the arrangement the local authority will check the suitability of the private foster carers, assess the arrangement and make regular visits to the child, ensuring that advice, help and support is available when needed.
To keep children safe and support families, the local authority needs to assess the suitability of the private foster carer and to make regular checks of private fostering arrangements. This is because the local authority has a legal duty to safeguard the wellbeing of children and young people (The Children’s Act 1989, Private Arrangements for Fostering Regulations 2005).
The child’s social worker will visit the child at the home they are staying in, and the child will be seen and spoken with alone.
If the care of the child or the accommodation is unsuitable, the local authority can prevent or stop a child being privately fostered. The local authority can also make sure the private foster carer rectifies a problem, for example, by fitting smoke alarms or fire guards in the home.
The local authority can also give advice and support to private foster carers and parents involved in the private fostering arrangement.
Other agencies and professionals have a safeguarding duty to notify the local authority of private fostering arrangements that they are aware of. When completing forms with and meeting children, young people and their families, we should all ask questions about who lives in the household and who has parental responsibility — this can help in identifying a private fostering arrangement.
Childcare professionals from other agencies (such as teachers or health care practitioners) should notify the local authority if they become aware of or believe that a child is living in a private fostering arrangement.
If you become aware of a private fostering arrangement or that a family is planning to make an arrangement, you must make contact with the local authority in the following timescales:
When a child is privately fostered, the child’s parents retain parental and financial responsibility.
The law states that anyone directly involved in arranging the placement must notify the local authority about the arrangement.
Private foster carers are responsible for providing day to day care that promotes and safeguards the child’s welfare and must allow a representative of the local authority to visit the child and the premises where the child is being privately fostered, to make sure the child is safe and well cared for. During these visits the child will be seen and spoken with alone unless it is deemed inappropriate to do so.
Parents are expected to be fully involved in planning for the future of their child and it is advisable that a written agreement is drawn up between the parent and the carer outlining the essential aspects of the arrangement.
Children who are privately fostered have the same rights to protection and access to services as children living at home with their family. Notifying the local authority ensures that they can:
Useful links
If you know that a child is being privately fostered and you think we are unaware, please notify Torbay Children’s Services by completing a Mash Referral, accessing the portal Children, Young People and Families Portal or alternatively you can support the parent/carer to make contact with us on (01803) 208100.