What is private fostering?
If a child under the age of 16 (or under 18, if disabled) is cared for by a person who is not their parent or relative in that person’s home (and that person does not have parental responsibility for the child) for 28 days or more then this could amount to a private fostering arrangement. Such an arrangement would be organised privately by a child’s parent.
What examples are there of private fostering?
There are quite a few different reasons why a child might be privately fostered. An international child might be privately fostered where they attend boarding school in the UK and cannot return home during the school holidays because, for example, of the Coronavirus pandemic. The parents of the child may organise for them to stay with a family friend whilst their school is closed. A private fostering arrangement may occur where a teenager has difficulties within the family home or a single parent is hospitalised and cannot care for the child and so it is agreed that they will live with a family friend or neighbour for a period of time.
Are there any exemptions?
If the child is staying with certain relatives such as a grandparent, brother, sister, uncle or aunt (by full blood, half blood or by marriage or civil partnership) or a step parent or if the care and accommodation is to be provided for less than 28 days then this will not amount to a private fostering arrangement. If the child’s parent, a relative who has assumed responsibility for the child’s care or someone else who has parental responsibility for the child is also living within the home then this will also not amount to a private fostering arrangement.
Normally, if a child is in accommodation provided by or on behalf of a voluntary organisation, is in hospital or at school in which the child is receiving full-time education then this will also not be considered a private fostering arrangement.
What is the legal framework?
The statutory provision is contained in Part IX of the Children Act 1989. The regulatory provision is contained in the Children (Private Arrangements for Fostering) Regulations 2005. The Department of Education and Skills has published two guidance documents which are the Replacement Children Act 1989 Guidance on Private Fostering and the National Minimum Standards for Private Fostering.
What do I need to do if I intend to enter into a private fostering arrangement?
The appropriate Local Authority must be notified at least six weeks before the placement or where the placement is to commence sooner, immediately.
Certain information needs to be included in this notification such as the contact information for carers and parents, the intended duration of the placement and any offence for which a prospective carer has been convicted. There is then a duty on carers to update this information. Failure to give notice of such an arrangement within the time specified, without a reasonable excuse is an offence. A person found guilty on summary conviction of such an offence would be liable to a fine.
What will happen once I notify the Local Authority?
Within seven days of notification a social worker will carry out checks to establish whether the arrangement is suitable. For example, visiting the accommodation, speaking to the parents and the proposed private foster carers and potentially visiting and speaking to the child alone. The Local Authority will carry out an assessment to include, for example, establishing the suitability of the proposed accommodation, the capacity of the proposed foster carers and the wishes and feelings of the child. The social worker will then prepare a written report.
The Local Authority will visit the child at intervals of not more than 6 weeks for the first year of the placement and thereafter at intervals of not more than 12 weeks. The Local Authority’s duty is to ensure that the child’s welfare is being satisfactorily safeguarded and promoted and to ensure that the private foster carers are given the advice and support that they need.