Complaints Against Foster Carers and Prospective Adopters
Scope of this chapter
This procedure applies to foster carers and prospective adopters with complaints raised from a number of possible sources including children and young people, childcare social workers, professionals working with young people who express concerns about their care including children’s guardians and solicitors, supervising social workers in the Family Placement Service and foster carers.
It will not be used to investigate any allegation about adoptive carers, foster carers, or their significant family members in response to alleged abuse of any child. In such instances, specifically where the 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; or
- Behaved towards a child or children in a way that indicates they may pose a risk of harm to children.
The “Managing Allegations Against Foster Carers, Prospective Adopters and Supported Lodgings Providers” Procedure will be used.
Where it is found that the allegation does not meet the criteria for investigation under Manchester Safeguarding Children’s Partnership procedures but where there are still concerns about the practice or care of the foster carer and adopter, (following the investigation of an allegation of abuse), it may be necessary to apply this “Complaints” procedure.
It should be noted, however, that an investigation into the foster carer’s or prospective adopter’s standards of care does not always follow if no evidence of harm is found. (Fostering Service Regulations 2011 Standard 22.10).
At any time a complaint investigation may highlight child protection concerns. In this event the Manchester Safeguarding Children’s Partnership “Safeguarding Children” Procedures (2010) become applicable and will take precedence.
Foster carers and adoptive carers provide a valuable service to Manchester City Council Children’s Services and to the lives of Looked After Children in Manchester. This procedure is designed to ensure that if foster carers or prospective adopters become the subject of a complaint about their care or practice that such concerns are responded to fairly, objectively but always promoting the best interests of any child/children.
All children are entitled to the same level and standard of protection from harm, and for this reason, all enquiries and investigations relating to children in foster care must be dealt with in accordance with the principles of the Manchester Safeguarding Children Partnership, the Children Act 1989 and Working Together.
Where there is a complaint about a supported lodgings provider’s standard of care, the complaint will be dealt with under a separate procedure for dealing with complaints (See Managing Allegations Against Foster Carers, Prospective Adopters and Supported Lodgings Providers Procedure).
Review Concerns are concerns raised and recorded during a Foster Carer’s Annual Review where the Independent Reviewing Officer (IRO) has not recommended re-approval.
The IRO together with the Team Manager, Family Placement Service will decide whether the concern should be addressed by the supporting supervising social worker, another supervising social worker or is a sufficiently serious concern to be investigated under the Complaints Procedure by the Corporate Complaints Investigator or investigated as an allegation of abuse.
4. Receiving Information about Complaints – The Role of the Supervising Social Worker or Duty Worker
The supervising social worker/duty worker who receives a complaint must ensure an accurate recording of the complaint is made. The person initiating the complaint must be asked to give a first-hand account of anything they have seen or heard with dates and times.
Where the information comes from a professional source, the professional concerned must be asked to follow up any verbal communication in writing by letter or e-mail.
In some circumstances, referrers may ask to remain anonymous. Where this happens, the person receiving the information must explain that, whilst care will be taken not to disclose the identity of the referrer, the person who is the subject of the complaint will be informed of all relevant information and it may be possible for them to identify or speculate upon the identity of the provider of the information.
Professional staff should not expect to remain anonymous and will be required to own and evidence their concerns.
- Immediately after receiving a complaint about a foster carer or adoptive carer, the supervising social worker must inform their team manager or another team / line manager in the event that the appropriate team manager is unavailable;
- The team manager will decide when and who will inform the district social worker and team manager with responsibility for the child;
- The Family Placement Team Manager in consultation with the Head of Service for Family Placement and the relevant Team Manager or Locality Team Manager will make an initial judgement about what action to take as follows:
- To undertake further investigations within the Family Placement in accordance with this procedure;
- Undertake an immediate risk assessment as to whether or not it is safe for any child to remain in the placement whilst further enquiries / Child Protection Enquiries are made. This consideration will be given to all children in the household and any children who visit on a regular basis;
- Further to the outcome of any risk assessment, make a decision to suspend the foster carer. This decision will be the responsibility of the Family Placement Service;
- Report to the LADO within one working day if the threshold criteria under Managing Allegations Against Foster Carers, Prospective Adopters and Supported Lodgings Providers” Procedure have been met.
- Where there is any doubt or disagreement about the appropriate route of investigation, the matter must be speedily resolved between the Family Placement Head of Service and the Senior Locality Manager;
- In circumstances where it is unclear whether the matter meets the criteria for investigation using Manchester Safeguarding Children’s Partnership procedures, the Head of the Family Placement Service (or Deputy Head of Service) will consult with the Local Authority Designated Officer (LADO).
If the Team Manager, (Adoption or Fostering) and supervising social worker are satisfied that the complaint is unfounded, they will discuss their assessment with the child’s Social Worker in order to reach a shared view. If agreement is not reached, the matter must be formally escalated to the Head of the Family Placement Service (or Deputy Head of Service) and the Senior Locality Manager. The outcome of these discussions must be fully recorded.
Where a complaint is determined to be unfounded, a clear record of the complaint must be recorded with the subsequent assessments and actions of the Family Placement Service. This will be recorded electronically on the Foster Carer’s Liquidlogic file and also on the foster carer’s or prospective adopter’s file.
- Multiple Complaints – Fostering
In circumstances where there have been several or regular complaints made about foster carers or adoptive carers standards of care, supervising social workers will gather information to assess whether there are any indicators or underlying issues within the home. A decision will be made as to whether a more formal investigation should be undertaken by the Corporate Complaints Investigator;
Where there have been three complaints against a foster carer in the space of three years, the matters will always be referred for an investigation by the Corporate Complaints Investigator;
Following the conclusion of the investigation and the completion of the Foster Carer’s Annual Review brought forward for the purpose of the compliant, the Corporate Complaints Investigator’s report will be presented to the Fostering Panel; - Multiple Complaints - Adoption
In circumstances where there have been three complaints against an adoptive carer, the adoption supervising social worker must ensure further support is available to the carer (which may need a revision of the adoption support plan) and carefully monitor whether this is an indication of underlying difficulties within the adoptive home. Discussion and supervision must be ongoing and include referral to the Adoption Panel where necessary.
The Family Placement Service will take a pro-active approach to responding to complaints by placing the interests of children as paramount and also by recognising the particular vulnerability of foster carers and adopters.
- Timescales
The supervising social worker will inform the foster or adoptive carer within two working daysthat a complaint that has been made, unless to do so would potentially prejudice any police investigation. Any verbal communication must be followed up by confirmation in writing and include information on procedures to be followed and how to access support;
The foster care/prospective adopter will additionally be provided with the name of a team manager from within the Family Placement Service who will have oversight of the progress of the investigation and responsibility for ensuring that it is brought to a speedy conclusion. - Suspensions
Foster Carers / Prospective Adopters who have been suspended will continue to be able to access a named supervising social worker and team manager within the Family Placement Service. The suspended foster carer will receive a letter from the Service explaining the reasons for the suspension and the contact details of named workers. - Exceptions
Exceptions are where complaints involve child protection concerns or allegations of abuse and the Strategy Meeting advises that disclosure of details of the allegation may prejudice Police investigations. In these circumstances, foster carers/ prospective adopters will be informed that an investigation is taking place but will not (for the reasons already stated) be provided with specific details of the allegation;
The supervising social worker and the team manager will maintain contact with the district social worker and, where involved, the Police, to ensure that accurate information about the progress of any investigation is relayed to the foster care/prospective adopter.
When a complaint has been made and an investigation agreed, the Corporate Complaints Investigator will undertake investigations into the practice of foster carers and adoptive carers.
The Corporate Complaints Investigator with the foster care within five working days of the allocation of the complaint.
The Head (or Deputy Head) of the Family Placement Service will allocate to the complaints officer within one working day of the decision being made.
Where the complaint concerns an adoptive family, the Corporate Complaints Investigator will investigate jointly with the team manager or advanced practitioner from the Adoption Service. This will ensure that the Complaints Investigator has the specialist knowledge of Adoption available to them.
In order to bring increased objectivity to any investigation, a foster carer’s prospective adopter’s allocated supervising social worker will not undertake or become involved in any investigation
i. Procedure
On receipt of the complaint, Corporate Complaints Investigator will contact the person making the complaint to verify details and agree the complaint or complaints under investigation;
Where the complainant is identifiable, a written “Complaints Schedule” (see Appendix 2: Complaints Schedule) will then be given or sent to them to agree and sign. Each element of any complaint should be separately detailed and include names and dates where possible;
Where the complaint has been made anonymously” the Corporate Complaints Investigator will record these developments and make arrangements to visit the subject of the complaint;
Copies of the completed Complaints Schedule will be sent or handed to the foster/adoptive carer, the complainant (if identifiable) and the relevant independent reviewing officers.
ii. The Investigation
The investigation will:
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- Gather all information relevant to the complaint;
- Interview any people who may be able to provide relevant information that has given rise to the investigation including other family members or professionals;
- Sensitively interview or arrange for any children to be interviewed according to their age and level of understanding. The district social worker will seek advice from the Children’s Rights Service who will advocate for the child as appropriate.
The investigation must always take into account the following information: -
-
- The nature and source of the complaint;
- Any assessments of the foster carers and adoptive carers and their placement history;
- Any relevant supporting, corroborating or mitigating information;
- Any new or additional information that comes to light during the course of the investigation;
- In the case of foster carers, the preparation of a detailed chronology which includes any previous complaints and placement history;
- In the event of the complaint being substantiated/accepted or the adoptive carers or foster carers accepting responsibility for any aspects of the complaint, an assessment as to whether they are capable of making any necessary changes;
- If substantiated, the impact of the complaint on a child in placement.
iii. Concluding an Investigation Report
Any investigation must be supported by a completed Investigation report. Each specific complaint must be addressed separately and any finding made clearly stated;
The investigation must also consider the totality of the issues addressed and make an overall recommendation about whether the approval status of the foster carers or adoptive carers should be changed and whether any additional recommendations should be made. This may include for example, additional training requirements, support or specialist input from, supporting agencies such as, Adoption Psychology;
The investigation should:
-
- Reach conclusions based on the evidence found;
- State whether each complaint listed is substantiated or unsubstantiated;
- Make clear recommendations about what should happen next;
- Assess whether the foster carer has received relevant support, advice and supervision;
- Record where the complaint has highlighted the need for service improvements and ensure that these are included in both a report to senior managers and, where appropriate, in the response to the complainant.
iv. Timescales
Consistent with the Children’s Services Social Care Complaints Procedure, the initial investigation should be completed within 12 weeks. This timescale includes 4 weeks for circulation of the final report prior to Panel;
It is recognised that more complex investigations may take longer, in which case the foster or adoptive carer and complainant will be advised in writing about the required timescale for completion.
v. Following the Conclusion of the Investigation
For fostering, the team manager for the foster carer will make a decision as to whether the matter should be referred to the Panel. Where the team manager decision is not to refer, the Investigation Report and a short initial assessment detailing the reasons for the decision should be given to the Head of Service Family Placement;
The Head of Service will make a final decision as to whether referral to the Fostering Panel is required or whether other forms of intervention or further investigations needs to be planned;
Where it is clear from the outset or during the investigation that the matter should be referred to the Fostering Panel, a referral should be made to the Panel Administrators for a Panel date to avoid any delay;
The foster carer and their representative should be supplied with all information which will be made available to the Panel 28 days before the Panel meets. The carers and their representative should provide any written responses and information they wish the Panel to receive two weeks prior to the Panel date;
In prospective adoptive placements, the Investigation will assess the adoptive carer’s ability to make the necessary changes, whether there is a need to alter the Adoption Support Plan or offer additional specialist advice training (e.g. Webster-Stratton Parenting Course). Strict timescales for improvement must also be recorded;
If prospective adoptive carers are able to make the necessary changes to their parenting, details of the complaint and the improvements made will be included in the Suitability Report;
If prospective adoptive carers are unable to make the necessary changes within the agreed timescale, a Professionals Meeting will be called to include the Adoption Solicitor from Child Care Legal to discuss whether the placement should continue. This meeting will consider the legal implications if the child has been placed with the adopters for over 12 months;
If the Professionals Meeting recommends that the children should be removed, an immediate date must be made for the Adoption Panel to discuss a recommendation of de-linking and de-registration. (If the removal of the child is not considered urgent);
If the Adoption Panel makes a recommendation for de-linking and de-registration subsequently agreed by the Agency Decision Maker, Section 35 (2) of the Adoption and Children Act 2002 states that the Local Authority must give notice to the prospective adoptive carers to return the child to the Local Authority. The prospective adopters must do so within seven days otherwise an offence is committed. The child’s birth parents must also be informed;
If the prospective adoptive carers have already lodged an adoptive application, the adopters are only required to return the child if the court has so ordered;
This also applies to foster carers who have applied for leave to issue a Special Guardianship Residence Order application.
vi. Concluding an Investigation – Complaint Unfounded
Where, on the conclusion of an investigation, it is determined the allegation is unfounded, the Family Placement Team Manager should ensure that the decision is appropriately shared with the supervising social worker, and the social worker of any child in placement;
The supervising social worker will ensure that the information and response is shared with the foster carer or adoptive carer. All communication about the complaint must be confirmed in writing.
vii. Complaints Action Plan
Immediately following an investigation, the Corporate Complaints Investigator will prepare a Complaints Action Plan detailing the outcomes, the tasks to be undertaken, by whom and with timescales. The Action Plan will be passed to the Head of Service for agreement and will make recommendations for Service developments.
The Family Placement Team Manager will make a decision about whether the matter should be referred to OFSTED in accordance with Schedule 7 Events and Notifications of the Fostering Service Regulations 2011 or Schedule 4 of the Adoption Regulations 2003.
If a foster carer or prospective adopter tenders their resignation during an investigation, the complaint must still be addressed to a conclusion in accordance with this procedure, including presenting the matter to the Fostering or Adoption Panel.
If the Agency Decision Maker has confirmed the Fostering or Adoption Panel's recommendation that the foster carer’s or prospective adopters are not suitable to foster or adopt a child, then the prospective adopters can apply for a review of the decision through the process of the Independent Review Mechanism (IRM).
Foster carers and Prospective Adopters can:
- Submit a representation to the relevant Panel within 28 days for further consideration prior to a final recommendation to the (Agency Decision Maker/Head of Service Provision?
- Apply to the Secretary of State for the matter to be considered by the Independent Reviewing Mechanism who will review the Panel decision and make a recommendation to the Fostering or Adoption Panel;
- The Agency Decision Maker will make a final decision taking into account all further information;
- The foster carer/prospective adopter will be informed of the decision in writing by the Family Placement Service.
Foster carers and prospective adopters cannot make a representation to the Adoption or Fostering Panel in addition to applying to the IRM for a review.
Details of how to access the process (which is operated through CoramBAAF), should be made available to the foster carers and prospective adopters in these circumstances.
It is important to remember that being subject to a complaint is an extremely stressful event and foster/adoptive carers may experience anxiety and stress. They may also feel aggrieved about being accused. These responses should not be interpreted as indicators of the carer’s culpability.
When foster carers and prospective adopters are first informed that a complaint has been made against them, they must also be informed of their rights to support and representation and how to access legal advice.
Support for Foster carers is available form:
- Manchester Foster Care Association;
- External advice and support is also available from the Adoption & Fostering Academy (CoramBAAF) and the Fostering Network.
Prospective Adopters are encouraged to seek appropriate independent support.
CoramBAAF, Adoption UK or Legal Support. They will be advised to provide written representation to be considered by Panel.
In circumstances where foster carers or adopters feel upset or ambivalent about seeking support, the Supervising social worker will offer to contact Manchester Foster Care Association or CoramBAAF on their behalf.
Meetings with foster carers and adopters will be planned when their representatives are able to be with them and they should be encouraged to access Manchester Foster Care Association or CoramBAAF at all stages.
Feedback from foster carers and prospective adopters consistently states that:
They need to have:
- As much information as possible and the time to prepare for meetings;
- The opportunity to make contributions and to respond to any information;
- Immediate access to advocacy and support;
- For matters to be conducted fairly, thoroughly and timely.
Manchester Family Placement Service will ensure that:
- Foster carers and prospective adopters will always be given information and any key decisions in writing as soon as possible;
- Foster carers and their representative will always be invited to attend any Fostering Panel where a complaint made about them is being considered;
- Adoptive carers would attend the Adoption Panel;
- Throughout any investigation, a foster carer’s or prospective adopter‘s supervising social worker will continue to provide a level of service which will ensure that the carer is kept informed of developments and the progress of the investigation;
- The supervising social worker and team manager will maintain contact with the district social worker and where involved, the Police and other agencies, to ensure that accurate information is relayed to the foster carer and also to progress the investigation to a speedy conclusion. Any information relayed will comply with guidance from the other agencies involved and will respect Data Protection and third party confidentiality;
- All investigations will be conducted within agreed timescales unless otherwise stated;
- Foster carers and prospective adopters will be given information and guidance on Manchester‘s Complaints Procedures during Preparation Sessions. Foster carers will additionally receive training on how to deal with a complaint or allegation in Induction and Post-Approval courses. Information is also contained in the foster carer’s approval pack and The Foster Carer’s Handbook;
- All foster carer and prospective adopters will be advised to keep their own diary or record of events during any investigation of a complaint made against them.
The usual timescale for foster carer supervision visits, (three monthly) and Foster Care Reviews, including renewal of statutory checks (Disclosure and Barring Service checks and medicals) will be maintained throughout any investigation process.
The team manager can recommend that another supervising social worker other than the allocated worker conducts the visits and the review; if for example, the allocated worker is a witness to the complaint.
Where a complaint investigation has been concluded, the Annual Review date may be brought forward to enable the review to take place before the allotted Fostering Panel date unless otherwise recommended by the team manager or independent reviewing officer.
Supervising social workers can call a Foster Carer Review at any time if it is considered this would be the most appropriate forum to discuss any concerns about a foster carer’s practice, required training or further support.
In circumstances where children are removed from placement following a complaint about a foster carer, the Family Placement Service must confirm in writing the details of any financial implications to the foster carers.
Any new placement negotiations will be suspended until the investigation is concluded. Foster carers will be informed that a decision has been made not to proceed with a planned placement by their supervising social worker.
In circumstances where a complaint against a foster carer is referred to the Fostering Panel, the function of the Fostering Panel is to:
“… Recommend to the Agency Decision Maker whether or not the foster carer and the foster carer’s household continue to be suitable and their terms of approval remain appropriate …” Regulation 28, Fostering Service Regulations 2011.
The Fostering and Adoption Panels will consider all written and verbal information made available from the following sources:
- Reports from the Police or other relevant agency involved in the investigation;
- The foster or adoptive carer(s) and their representative;
- The supervising social worker;
- A Risk Assessment of any children remaining in placement;
- The investigating officer;
- Child’s social worker;
- The Independent Reviewing Officer, if available.
- Panel Recommendations
The Fostering Panel or Adoption Panel will:- Ask questions in order to clarify any areas of uncertainty and disagreement;
- Record the agreed facts and areas of disagreement;
- Take into account the recommendations made by the Family Placement Service and also the response by the foster or adoptive carer and their representative.
- The Fostering Panel
The Fostering Panel can make the following recommendations to the Agency Decision Maker:- To take no further action;
- To make changes to the terms of the foster carer(s) approval;
- That the foster carer should undertake specific activities such as training and attendance at support groups;
- To defer for further information;
- To terminate the approval of the foster carer(s).
- The Adoption Panel
The Adoption panel can make the following recommendations:- To take no action;
- To amend or re-affirms the adoptive carer’s approval;
- To de-link and terminate the adoptive carer’s approval;
- Any other recommendations such as a training requirement.
The final decision will be made by the Agency Decision Maker following consideration of the recommendations made by the Panel. The Agency Decision maker will make a decision within seven working days of the receipt of all the information.
The foster carer or prospective adopter will be informed orally of the decision within two working days and written confirmation will be sent within five working days.
Detailed and accurate recording is an essential part of managing complaints.
- The Foster Carer’s/Prospective Adopter’s File
Information will be recorded electronically on the foster Carer’s or prospective adopters Liquidlogic files. - Complaint’s File
All relevant information pertaining to the complaint will be held on Liquidlogic under the foster carer’s name. Certain sensitive information will be protected under restricted access thereby allowing only the relevant workers to view the information;
Details of the complaint, the investigation and the outcome will clearly be stated. If the allegation was unfounded, this will also be stated;
Outcomes of all investigations whether by the Police, Children’s Services and the Family Placement Service will also be clearly recorded;
The carer’s Liquidlogic file ill also hold a record of all actions taken during the investigation by the complaints officer and the supervising social worker;
Decisions at all stages should be clearly recorded and communicated in writing to the Foster carer and where appropriate their representative. Copies of letters will be held on the carer’s file. - Retention
The contents of the carer’s file will be retained on Liquidlogic even if the carer leaves or retire as a foster carer from Manchester Family Placement Service;
Copies of panel minutes and reports can be supplied to the foster carer on request following written consent from any third party quoted in or contributing to a report submitted to Panel or Panel discussions;
Copies of Panel minutes will be sent to the child’s social worker and the Independent Reviewing Officer.
Any person who is deemed to have sufficient interest in a child placed in foster care can make a complaint about a foster carer or prospective adopter using the Statutory Complaints Procedure.
Throughout any complaint, it is important that there is consultation and continuing communication between the Family Placement Service and the Corporate Complaints Team to ensure compliance with both Fostering Regulations and the Council’s Complaints Process.
The Application of the Fostering Service Regulations will take precedence over the application of the Council’s Complaints Process with regard to the continuing approval of a foster carer.
Only a properly constituted Fostering Panel can make recommendations as to the suitability and continuing approval of a Foster carer. The Agency Decision maker will make the final decision.
All complaints are addressed to:
Corporate Complaints Team, Research and Performance,
Manchester City Council,
PO Box 532, Town Hall,
Manchester M60 2LA.
Telephone: 0161 234 3012
E-mail: csfeedback@manchester.gov.uk
- Stage 1 – When the complaint is received for the first time;
The complaint will be answered by the service against which the complaint has been made. Corporate Complaints will allocate to the a senior manager for the service concerned;
If the complaint is from a young person, the Children’s Rights Service will be notified to provide advocacy support. - Stage 2 – If the complainant is not satisfied with the Stage 1 response, and requests a progression Stage 2 the complaint will be investigated by a Stage 2 Investigator. The council will also employ the services of an independent person who is suitably qualified in social care issues;
- Stage 3 If the complainant remains dissatisfied after the completion of the Stage 2 investigation, they can request a Sage 3 Panel Hearing which reviews how the council has responded to any recommendations. Complainants will be give an opportunity to discuss reasons for their dissatisfaction and to ask questions of investigating officers;
- After Stage 3 – The complainant will have an option to contact the Local Government Ombudsman who will take an independent view on how the complaint has been handled and the Council’s response.
Where the complaint refers to the practice or standards of a foster carer or prospective adopter, the Corporate Complaints Team will in the first instance refer the matter to the Family Placement Service to provide an initial response in accordance with Stage 1 of the Statutory Complaints Procedure.
The Family Placement Service will respond within two working days to the Corporate Complaints Team and confirm who is dealing with the complaint.
The relevant Team Manager in the Family Placement Service will undertake enquiries sufficient to respond to the concern and action by either:
- Providing a written response in accordance with Stage 1 of the Statutory Complaints Procedure recommending that no further enquiries are necessary; or
- Recommending that the concerns raised have sufficient merit to warrant further investigation in accordance with this (Family Placement Complaint's) procedure.
Last Updated: October 17, 2023
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