Allegations Against Foster Carers

All foster carers and children are made aware of and advised how to access this procedure and other procedures including the Complaints and Representations Procedure.

All children are entitled to the same level and standard of protection from harm, including those receiving services from statutory or other agencies. For this reason, enquiries and investigations relating to allegations against foster carers must be dealt with under the local North and South of Tyne Safeguarding Children Partnership Procedures. Allegations will be dealt with in a manner that provides effective protection and support for children and the person making the allegation, while at the same time supporting the person who is the subject of the allegation.

Allegations or suspicions that a foster carer has caused harm to a child will be shared with the appropriate agencies, investigated thoroughly, speedily and sensitively under those procedures and in accordance with the relevant statutory guidance such as Working Together to Safeguard Children, and will involve open and honest communication with and support for all those affected.

It is important to note that, although there may be insufficient evidence to support a police prosecution, this does not mean that action cannot be taken to protect a child nor that the termination of a foster carer's approval cannot be considered.

Complaints made by a foster child in relation to the quality or style of care provided by a carer will be dealt with under the Complaints and Representations Procedure.

It should also be noted that it may be necessary during an investigation to consider what action, if any, should be taken with regards to other children with whom foster carers have contact, including their own children.

A clear distinction will be 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.

It might not be clear whether an incident constitutes an 'allegation'. It is important to remember that to be an allegation, the alleged incident must be sufficiently serious as to suggest that harm has or may have been caused to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above).

Concerns that do not meet this threshold may constitute conduct or standards of care issues and should be addressed using the appropriate organisational procedures.

Incidents which fall short of the threshold could include:

• An accusation that is made second or third hand and the facts are not clear;
• The individual alleged to have done this was not there at the time;
• There is confusion about the account given that can't be reasonably explained.

If it is difficult to determine the level of risk associated with an incident the following should be considered:

• Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
• Where the incident involved an inappropriate response to challenging behaviour, had the carer had training and guidance re managing this?
• Does the carer understand that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
• Does the child or family want to report the incident to the police, or would they prefer the matter to be dealt with by the employer?
• Have similar allegations previously been made against the individual - is there a pattern developing?

Whether an incident constitutes an allegation and hence needs to be dealt with through these procedures, may need to be discussed with the LADO. Keeping Children Safe in Education (KCSIE), Part 4, Section 2 provides guidance for schools and colleges, which may be of wider interest when considering low-level concerns. Legal advice should be sought as necessary.

KCSIE provides that if there is any doubt as to whether the information which has been shared about a foster carer as a low-level concern in fact meets the harm threshold and thus should be treated as an allegation, the LADO should be consulted.

If it falls short of this threshold there may still be a role for the LADO to provide advice and support. Such a consultation process may allow for concerns to be evaluated objectively and to ascertain whether similar concerns may have been raised previously but not met the threshold for investigation. Whilst the LADO will only record the details of those allegations which appear to meet the threshold for consideration set out above, a record should be kept of any low-level concerns that arise in respect of a foster carer.

KCSIE provides that records should be reviewed so that potential patterns of inappropriate, problematic or concerning behaviour can be identified. Where a pattern of such behaviour is identified, a course of action should be decided upon, either through local standards of care procedures or where a pattern of behaviour moves from a low-level concern to meeting the harm threshold, it should be referred to the LADO. Records must be held securely and comply with the Fostering Services (England) Regulations 2011, Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). 

More detailed guidance and case studies on low-level concerns can be found in Developing and Implementing a Low-level Concerns Policy (Farrer & Co.).

Where the matter constitutes a conduct or standards of care issue, the manager should follow the appropriate procedures and let the LADO know of the outcome.

All foster carers should receive preparation, training and guidance to help them, and their household provide a safe environment for children in their care. All carers should have been provided with a link or a copy of the services digital fostering handbook following approval. The handbook can be accessed via the following link:
Welcome to the Foster Carers Handbook.

When a child is first placed with foster carers, the carer should be provided with all relevant information needed to keep themselves and the child safe. This information should be provided initially by the placements team and the child's social worker and then via a placement planning meeting which should take place within 72 hours of the child moving in with the carer. The information provided to the carer should include:

• A summary of the child's history including any known trauma, abuse or neglect the child may have experienced and whether they have made any previous allegations;
• Details of delegated authority;
• The placement plan;
• An individual safer care policy in relation to the child.

All foster carers must follow recording procedures (see: Recording Policy and Guidelines) and note, on a daily basis, the progress of children placed with them, including any incidents or concerns and any complaints made by the child or their family. In addition, it is an expectation of the Fostering National Minimum Standards that:

• A senior manager within the fostering service is identified to be the designated person who liaises with the designated officer in the local authority (LADO) to manage the allegations process in relation to any allegation made or concern raised about foster carers for the service;
• All members of staff within the fostering service should be aware of the requirements of this procedure, including the role of the Disclosure and Barring Service.

For further information please see the Newcastle City Council Fostering Service Local Allegations Procedure.

Following a concern or allegation of a potential safeguarding nature being raised about a foster carer from any source, the information should immediately be shared with the registered manager for fostering and adoption (designated person) and the social worker and team manager for the child. If the designated person is absent from work, the team manager for the foster carers will need to take the lead after consultation with the service manager. The designated person will:

• Make an immediate referral to the LADO, followed by an Initial Allegations Discussion within 1 working day;
• Ensure the LADO for the area in which the foster home is located is informed;
• Ensure the child's allocated social worker and team manager and the carer's supervising social worker (SSW) and team manager are informed.

In the event of an allegation being made against a foster carer, their allocated SSW or duty SSW will need to:

• Inform the social workers and team managers for any additional children in the placement;
• Inform any other local authority with an interest in the foster placement.

If there are children living in the household (such as the foster carer's own children) who do not have an allocated worker, a safeguarding referral to the local authority where the foster carers live will also need to be made in respect of these children.

A clear summary of the allegation should be added to the carers file by the SSW including details of how the allegation was reported and any actions taken.

An initial allegations discussion should take place between the fostering service, children's social care, and the LADO within 1 working day of notification to consider whether the report or incident should be treated as a standards of care concern, complaint or as a child protection concern/allegation and whether the carer could possibly have:

• 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 in a way that indicates they may pose a risk of harm to children;
• Behaved towards a child in a way that indicates they are unsuitable to work with children.

If any of the above is suspected, the children's team will need to organise and chair a strategy meeting as soon as possible in line with the needs of the child and the seriousness of the allegation. In any case, the strategy meeting should take place no more than 2 working days of the initial LADO discussion.  A LADO allegations management meeting (AMM) will also need to be arranged within 3 working days of initial LADO discussion.

During the initial allegations discussion, it should be agreed with the LADO how and when the carer should be informed of the allegation and how much information should be shared.

In exceptional cases where immediate action is necessary to safeguard children, the child's social worker and their manager may decide that alternative care arrangements need to be identified for one or more children living in the household. 

In such cases, it will be necessary to inform the carer that an allegation has been made prior to the strategy meeting and their SSW should work with the children's team around the timing of this conversation so that this fits in and doesn't conflict with any plans to move the children. 

As soon as the foster carers are informed, their daily recordings should be collected and uploaded onto the children's files. These recordings should be reviewed by the SSW and team manager and a chronology of the carer's history including any previous concerns or investigations should be compiled. If possible, this chronology should be shared with the chair prior to the strategy meeting.

The strategy meeting will usually be chaired by a children's team manager and the following people will be invited:

• The child's social worker and their manager (placing authority);
• The designated person and/or fostering team manager;
• The SSW linked to the foster carer or duty SSW;
• Paediatrician (if the child has experienced an injury);
• The police;
• Any other relevant agency involved with the child or foster family.

The strategy meeting will consider the information provided by all attendees relating to the safeguarding concern or allegation raised.  As part of this process, the meeting will:

• Consider the allegation in the context of any previous allegations made or concerns raised in relation to the carers;
• Consider whether there should be a child protection enquiry (s47) and/or further enquiries by the police;
• Agree a communications plan for the investigation which should include what can be shared with the foster carer, child and those with parental responsibility. The plan should include how each party will be informed of the outcome of the strategy meeting;
• Consider the safety of all children in the household (including the foster carer's own children) and carefully and sensitively assess whether action is necessary to protect or remove the children until the investigation concludes or whether the children could remain in the household with a safety and monitoring plan in place. This may include asking the person against whom the allegation has been made to leave the household while the investigation is conducted;
• Consider how the foster will be given the opportunity to respond to the allegations before any final decisions are made about actions needed to protect children in the household;
• Explore how transitions will be managed if children do need to be removed, how they will be informed and how their emotional, health and educational support needs will be met;
• Consider whether the carers account of events has been shared with the paediatrician (if involved) and if not, whether and when this needs to happen;
• Consider the need to inform other agencies if the foster carer works with children or vulnerable adults;
• Confirm the timescales for the investigation (if applicable) and ensure all actions have been appropriately allocated;
• Seek confirmation from the fostering team manager that an initial LADO allegations management meeting (AMM) has been arranged.

The minutes of the strategy meeting will be held on the child's record and must contain clear action points and timescales wherever possible. A summary of the action points and timescales must be circulated immediately after the meeting to all attendees by the chair within 1 working day. The chair's summary must then be uploaded onto the foster carer's record by the SSW.

Following the strategy meeting, the foster carer should be informed verbally within 1 working day by their SSW of the outcome, whilst taking account of any information sharing restrictions agreed at the strategy meeting.

Any decision to take 'no further action' following the strategy meeting must be clearly recorded on the child's and the foster carer's records.

The initial LADO AMM is a joint evaluation meeting held under Newcastle Safeguarding guidelines. The purpose of the meeting is to consider the information received regarding the allegation or serious concern and consider if a foster carer has:

• 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 in a way that indicates they may pose a risk of harm to children;
• Behaved towards a child in a way that indicates they are unsuitable to work with children.

The AMM is chaired by the LADO and attended (as a minimum) by:

• The child's social worker and team manager;
• The fostering supervision social worker and team manager;
• Designated person.

The meeting will discuss the nature of the allegation and will consider the outcome of the strategy meeting and any recommended actions including the views of the police and the paediatrician if involved.

The meeting will consider all the information available at that point in time and the further enquiries needed to establish the facts (to inform the fostering fact-finding Investigation) including:

1. A chronology of the carers fostering history and the length of time approved;
2. Key points in their history of providing care for children;
3. Any areas of good practice;
4. Any other concerns, complaints or allegations that have been made against the carer or any standards of care investigations that have been undertaken and the outcome;
5. Any concerns about the carer's ability and willingness to work with professionals and follow advice;
6. The outcome of the carers last foster carer review including any recommendations;
7. Any training and any additional support that has been provided to the carer;
8. How the foster carers will be supported and paid during the investigation process.
   
   The meeting will also consider:
   
   
9. Whether the carers need to be put on hold and any further placements suspended pending the outcome of investigations;
10. The communications plan and timescales for the fostering fact-finding investigation and agree protocols for sharing information.

Within 2 working days of the conclusion of the meeting, the LADO should send a summary of any actions needed or recommendations made to all attendees. The LADO summary should be uploaded to the foster carers case record by the SSW.

The fostering team manager will need to write to the carer within 2 working days of the initial LADO AMM to provide details of the following: 

• The process to be followed with the proposed timescales in relation to (where applicable) the police enquiry procedure, the child protection investigation and the fostering service fact-finding investigation;
• The communications plan i.e. who the carer's point of contact will be from the fostering service and the plan for keeping in touch throughout the investigations, including who the carer should contact if their point of contact is absent;
• How to access the digital foster carer handbook and provide the links or a hard copy as needed;
• Any decisions made about placement restrictions or removals and details of any payments that will be made to the foster carer during the investigation;
• Any decisions made about actions in relation to their own children including the possibility of a child protection case conference being convened;
• The independent supports available to the carer and their household during the investigation.

During an investigation the fostering service will arrange for the foster carer and their household to have support from the independent organisation, Foster Talk. Foster Talk will be able to provide the carers with:

1. Information and advice about the allegations process;
2. Emotional support;
3. Mediation between the foster carer and the service and advocacy, including attendance at meetings and panel hearings;
4. Information about how to access legal advice.

The independent support worker must contact the foster carers as soon as practicable after they are informed of the allegation to confirm their role and make clear their responsibility to report to the local authority, the police and in some circumstances to the court if any information relevant to the investigation comes to their attention. Those supporting foster carers should never provide support in a way that obstructs a child protection investigation.

If children in care have been removed from the foster carers household following an allegation, the fee element only of the payment will be paid to the foster carer in respect of those children for a maximum period of 12 weeks.

If there have been significant delays to concluding the process caused by internal or external issues outside of the foster carers control, an account of the delays should be forwarded by the fostering team manager to the service manager for corporate parenting who will decide if the payments can be extended beyond the 12 weeks and if so, for how long.

The child's social worker should inform the child's parents/those with parental responsibility of the allegation and the process that is being followed unless this will be detrimental to the welfare of the child (where the council holds parental responsibility) or impede the investigative processes. The LADO can advise whether the parents should be informed but, in some circumstances, the parents may need to be informed immediately (e.g. if a child is injured and requires medical treatment).

The children's team will lead on the s47 investigation with input from the fostering SSW and team manager. The information provided by the fostering service will include the chronology of the carers fostering history outlining any previous complaints, concerns or allegations made against the foster carer.

As part of the s47 investigation, all relevant persons should be interviewed including the carers and (if appropriate) the child. It is essential that the carers are interviewed as part of the s47 investigation, even if the police have not yet conducted their own interviews, as the carers account of events is essential to determining the outcome. Professionals involved from education and health should also be interviewed if relevant.

The s47 investigation and report should be completed within 15 working days of the strategy meeting.

As the carers will have been interviewed by the child's social worker, the lack of a decision from the police on whether a criminal prosecution will be undertaken should not prevent the investigation being concluded as the threshold for harm or risk of harm is different from that needed for a police investigation.

A summary of the s47 investigation outcome should be shared with the foster carer in writing by fostering team manager within 5 working days of completion.

Where it has been agreed that a s47 or joint police investigation should be progressed, the fostering service should also begin a parallel fact-finding investigation. The investigation will be carried out by the carers supervising social worker (SSW) or where possible, an independent SSW who will:

• Plan and scope out the investigation;
• Liaise with the police and social worker carrying out the s47;
• Collect all available evidence from any agency or person relevant to the investigation;
• Review and analyse the collated evidence;
• Present the evidence and their findings in a concise and articulate fact-finding report.

The fostering social worker undertaking the fact-finding investigation should complete the report within 30 days of the strategy meeting. The report must include the outcome of the s47 investigation and should be shared with the foster carer and their representative after being authorised by the responsible team manager.

If the fostering fact-finding investigation has not been completed within 35 days of the initial LADO meeting, a review LADO AMM will need to be convened. At a minimum, the SSW, Team Manager and Designated Manager should attend this review to discuss any barriers to progress and agree actions and revised timescales. A review LADO AMM should be convened every 4 weeks thereafter until the investigation is completed. 

A final LADO AMM will need to be convened within 5 days of the completion of the fostering fact-finding investigation to consider the outcome and decide whether the allegation has been deemed substantiated, unsubstantiated, unfounded, false or malicious.

The LADO will chair the meeting and will decide who needs to attend. This will usually include the same people who attended the initial LADO AMM. The LADO will:

• Review the actions and recommendations from the strategy meeting and the initial LADO AMM and ensure that all actions have been completed;
• Review the outcome of any investigations including any actions taken or decisions made by the police;
• Consider the views of the carers and any updated views of all the agencies involved, including the paediatrician (if involved);
• Decide on the outcome i.e. whether the serious concern or allegation has been deemed substantiated, unsubstantiated, unfounded, false or malicious.

Dependent on the nature and seriousness of the allegation, consideration should be given as to whether there are any mitigating circumstances or whether additional supports or training could be provided to the carer to help address any gaps in knowledge and skills before decisions are made.

If the concern or allegation is found to be unfounded, malicious or false, the allegations process will end.

The final LADO AMM should consider the plans for any children who were removed from the carer's care following the allegation and any decisions that have been made about the children returning to their care.  Any restrictions imposed on the carer regarding their fostering role should be lifted and the payments made to the carer as part of the allegations process should be stopped. 

The carers should be notified verbally by the SSW within 1 working day of the outcome. The fostering team manager should follow this up in writing within 2 working days. The fostering team manager should offer to meet with the carers to debrief them and to discuss any supports they may need. 

If any low-level residual concerns have been highlighted during the allegations process, the final LADO AMM may recommend that the fostering service considers addressing these concerns via additional training and support or via standards of care procedures.

If the safeguarding concern or allegation is found to be substantiated, i.e., that it has been found that the foster carer has caused harm to a child or there is a significant risk of them causing harm to a child, the final LADO AMM should make it a recommendation that the carer's continued approval is reviewed, and that the outcome of the investigation is considered by the Agency Decision Maker (ADM). Should the carer be deregistered as a result, a referral should be made by the fostering team manager to the Disclosure and Barring Service* (DBS) in relation to the carer.

*As a 'regulated activity supplier', where an allegation has been substantiated and a foster carer deregistered as a result, there is a legal duty placed on the service to refer this information to the DBS. 

See also: Disclosure and Barring Service guidance leaflets - GOV.UK.

In situations where there is evidence to support that an incident or injury has occurred but there is insufficient evidence to confirm that the foster carer is responsible, or that they are a risk to children or have caused harm to a child, the concern or allegation will be found to be unsubstantiated. In this situation, the final LADO AMM should make it a recommendation that the carer's continued approval is reviewed, and that the outcome of the investigation is considered by the ADM.

Within 2 working days of the final LADO AMM, the LADO should send a summary of the outcome to all attendees. The LADO summary should be uploaded to the foster carers case record by the SSW.

The fostering team manager will be responsible for notifying the foster carer in writing of the outcome of the meeting and next steps.  The children's social worker will be responsible for notifying the child, parents, and other relevant persons not in attendance at the meeting of the outcome.

Following the outcome of the final LADO AMM, it will be for the fostering service to follow their own procedures and decide on the carers continued suitability to foster.

If the serious concern or allegation was substantiated or unsubstantiated, a foster carer review (FCR) should be convened within 10 working days of the final LADO AMM.

The fostering fact-finding report should be provided to the independent reviewing officer (IRO) and the FCR SSW report should include a detailed summary of the situation and make clear recommendations regarding the foster carer's continued suitability or changes to their approval. All recommendations should be approved by the fostering team manager. The foster carer and the children's social workers will be asked to submit separate reports regarding their views.

The IRO will chair the review and will consider all the information provided before making a recommendation. The IRO should complete the minutes of the FCR within 5 working days of the review

The outcome of the FCR should be considered by the fostering panel within 15 working days of the review.

In situations where a foster carer's approval needs to be considered by fostering panel, the carer's SSW should consult with the panel advisor regarding who should attend the panel meeting.

Prior to the fostering panel, the foster carers and their representative should have had sight of, and have been given the opportunity to respond to, the fostering fact-finding report and the outcome of their foster carer review.

The procedure will be the same as for any other review of a foster carer's suitability - see Review and Termination of Approval of Foster Carers Procedure.

The fostering panel will consider the outcome of the investigation and will make a recommendation to the ADM. The ADM will make the decision within 7 working days of receiving the panel minutes.  The ADM may decide to agree to the continued approval of the carer with or without a change of approval category.

If the panel make a recommendation to deregister the carer or to the change of approval without the foster carer's agreement, and the ADM agrees with this recommendation, they will make a Qualifying Determination.  

The foster carer is allowed 28 days to appeal the outcome, either by sending their appeal with the reasons why they disagree directly to the service or by applying to the independent review mechanism (IRM) for an independent review of the situation. 

If the carer applies directly to the service, the ADM must refer the case to the fostering panel for further consideration and a fresh recommendation should be made. The ADM will then make the final decision. 

If the carer applies to the IRM, there is currently no regulatory timeframe for the IRM to hear the case and the outcome could be significantly delayed in these circumstances. Once the IRM panel has been held, the ADM should make the final decision within 7 working days of receiving the minutes. 

The carer should be verbally notified of the agency decision by the SSW or, if not available, their team manager within 2 working days. The Panel Administrator should follow up this notification in writing within 5 working days. This written notification should include the ADM's reasons for the decision. This letter signals the end of the appeals process.

If the carer is deregistered by the service due to a safeguarding concern, a DBS referral is required, this should be made by the responsible fostering team manager within 5 working days of confirmation of the agency decision.

The reasons for any delay in achieving the timescales should be robustly recorded on the foster carers file and the foster carers should be kept informed and regularly updated on the progress of the situation by the SSW (or team manager if they are not available). 

A clear and comprehensive summary of any allegations made, the agency actions and the outcomes should be kept on the carer's case record. A copy of this summary should be provided to the foster care by their SSW as soon as the process is concluded. 

Following an allegation being made or during an investigation, a foster carer may make a complaint against either the fostering service or children's service and may dispute the validity of information used to inform the investigation and the subsequent decision making.

In these circumstances, the process for investigation and decision making should not be put on hold or deferred pending the outcome of a complaint. A conclusion should be reached following the agreed process and within, wherever possible, the agreed timeframes. 

Any concerns raised will be considered in terms of what can be dealt with via the allegations process and what can be accepted as a complaint. Issues accepted as complaints outside of the allegations process should be considered separately and processed via the children's service's complaints team, even if this means that the complaint outcome won't be known before a decision regarding the carer's continued suitability is made.

If at the end of the complaints process, any points of the complaint are upheld, a copy of the outcomes should be shared by the relevant fostering team manager with the ADM.  The ADM will take a view on whether any of the complaint points that have been upheld provide grounds to reconsider the agency decision.

If the ADM believes that the situation has been significantly misrepresented within the reports considered by panel and themselves, they will also consider the impact of this on any decisions that have been made and if necessary, take appropriate action.

Legislation, Statutory Guidance and Government Non-Statutory Guidance

Working Together to Safeguard Children (DfE, Statutory Guidance)

Keeping Children Safe in Education - this statutory guidance highlights the importance of sharing and responding to any concerns, about the behaviour of an adult who works with children, no matter how small, including low level concerns.