Managing Allegations Against Foster Carers, Prospective Adopters and Supported Lodgings Providers

These procedures should be applied when there is an allegation that 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; or
• Behaved towards a child or children in a way that indicates they may pose a risk of harm to children;
• Behaved towards a child or children in a way that indicates they are unsuitable to work with children.

These behaviours should be considered within the context of the four categories of abuse:

• Physical Abuse;
• Sexual Abuse;
• Emotional Abuse;
• Neglect.

All allegations of abuse by foster carers must be taken seriously and treated in accordance with agreed 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.

It might not be clear whether an incident constitutes an 'allegation'. It is important to remember that to be an allegation the alleged incident has to 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 disciplinary 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, or the individual alleged to have done this was not there at the time; or there is confusion about the account.

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 in 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 or not 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 concern that arise in respect of a foster carer.

KCSIE provides that records should be reviewed so that potential patterns of concerning, 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 disciplinary 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 Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). It is recommended that records are retained at least until the individual leaves their employment.

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 performance issue, the Manager should follow the appropriate disciplinary procedures and let the LADO know of the outcome.

Allegations may be received from a variety of sources, for example, a worker within Children’s Services, a report from a child, a volunteer or a complaint by a parent, another foster carer, or a neighbour of a foster carer. Any person who has reason to suspect that a foster carer or a member of the foster carer’s household has subjected a child to abuse must immediately pass their concerns to the child’s social worker.

When an allegation of abuse against a foster carer or prospective adopter is received by a member of staff in Children’s Services but not within the Family Placement Service, (for example, A district social worker, residential childcare worker or children rights worker), then the person receiving the allegation must notify their team manager immediately.

This applies also if any member of Children's Services staff hears an allegation being made by a child or adult about a Manchester foster or adoptive carer.

This person must then make a referral to the Family Placement Service duty worker or allocated supervising social worker for the foster carer who is the subject of the allegation.

The duty worker or supervising social worker in the Family Placement Service must immediately make a concise written record of the information supplied by the person reporting the allegation and forward this to his or her team manager. (See Appendix 1: Allegations Against Foster Carers, Supported Lodgings Providers or Prospective Adopters attached pro-forma for reporting and guidance).

It is the responsibility of the relevant team manager, Family Placement Service, to inform the Designated Senior Manager in Fostering Service to whom all allegations are reported. (See Appendix 2: Managing Allegations Against Foster Carers, Supported Lodgings Providers and Prospective Adopters for Identified Personnel). The Senior Manager must receive a copy of the written record of report.

The Senior Manager should be provided with the following information:

• Details of the allegation;
• Contact details of the foster carer or prospective adopter and relevant workers involved;
• The legal status of the child or children concerned. This should be supplied whether the foster carer has already lodged or had leave to apply for an application for a Special Guardianship Order or a Residence Order application or whether a prospective adopter has applied for an Adoption Order;
• The local authority responsible for all the children placed;
• Length of time in placement of the children concerned;
• Whether the foster carer, prospective adopter or family member (if they are the subject of the allegation) are aware of an allegation or the plans to inform them unless there are exceptional reasons not to do so;
• Details of the other children in the foster or prospective adopter’s home, including the foster carer’s or prospective adopter’s own children;
• A copy of the foster carer’s last Annual Review;
• The foster carer’s current approval status and any previous concerns or allegations;
• Any previous concerns, complaints or allegations against the foster carer or prospective adopter.

The Senior Manager will require sufficient information in order to determine whether the threshold criteria have been met, (see Section 1: Threshold Criteria) and may therefore, request further information from the supervising social worker or Fostering Service team manager. It is not intended that the Senior Manager will investigate the allegation further.

If at this stage, it is clear that the allegation meets the threshold criteria, the Senior Manager should report to the Local Authority Designated Officer for Managing Allegations Against Adults who Work with Children (LADO), within 1 working day. Notification to the LADO should not be delayed to gather further information.

Where a Senior Manager is unsure how to proceed or cannot determine whether the criteria have been met, there should be consultation with the LADO.

• No Further Action is taken. If it is determined that the allegation is unfounded, false or malicious (see Appendix 1: Allegations Against Foster Carers, Supported Lodgings Providers or Prospective Adopters for Definitions) and there is no further action, the reason for this decision must be recorded and a copy of the decision placed on the foster carer’s or prospective adopter’s file; or
• If concerns remain about the foster carer’s standards of care, the Family Placement Service's Complaints Procedure should be followed (see Making a Complaint to the Fostering Service).

The Family Placement Service Senior Manager should send confirmation in writing to the LADO within one working day of the allegation being received.

At this point, Manchester's Local Safeguarding Children's Partnership procedures for “Managing Allegations Against Adults Who work With Children” will be followed.

Three related but separate sets of enquiry may need to take place:

• A Police investigation into a possible offence (foster carer or another adult in household);
• Child Protection enquiries relating to the safety and welfare of any children involved;
• An investigation by the Family Placement Service into the foster family’s suitability to continue as foster carers or an investigation by the Adoption Team into the prospective adopters suitability to continue their application to adopt.

The LADO, in consultation with the Senior Manager, will consider the need for a strategy meeting under Manchester’s Local Safeguarding Children’s Partnership Procedures for Managing Allegations. If agreed, a Strategy Meeting will be convened within 5 working days of the allegation being reported.

Reasons for not convening a Strategy Meeting should be recorded and the relevant social workers and team managers notified.

The team manager in the Family Placement Service responsible for the foster carer or prospective adopter together with the district team manager or managers responsible for all the children in placement will consider whether urgent protective action is required which may include an immediate decision to remove any of the children concerned. This should not be delayed until the convening of a Strategy Meeting.

The Senior Manager in consultation with the LADO will further determine how and when the foster carer or prospective adopter is informed that an allegation has been made so that the investigative process is not impeded or compromised.

A decision may also be made to suspend the foster carer in which case no further placements will be made during the course of the investigation.

The Family Placement Service Senior Manager will ensure that Ofsted is notified in line with the Notification Procedures for Serious Incidents.

If the foster carer or prospective adopter resigns during the course of the investigation, the Senior Manager in the Family Placement Service should immediately notify the LADO. Resignation is not a reason for discontinuing or bringing the investigation to an earlier conclusion.

If the foster carer or prospective adopter wishes to transfer to another fostering service provider during the investigation, the Family Placement Service must ensure that this provider is informed that the foster carers are subject to an investigation and the proposed timescales for completion of the investigation.

The supervising social worker for the foster family or adoptive carer and the Family Placement Service team manager will normally attend this meeting.

Representation from the Family Placement Service must include a manager with sufficient authority to speak on behalf of the Service and ensure that the Service acts in accordance with the recommendations of the meeting.

The purpose of the meeting will be to clarify and make recommendations as follows, (if not already decided):

• Whether investigation by the Police and or a Section 47 Enquiry by Children’s Services is required;
• The arrangements to protect all the children who may be involved directly or indirectly with the foster or adoptive family. This includes all children in placement, birth children of the foster family and children who may have been placed formerly who have continued to visit the household;
• Whether any children placed should be removed from the household. Any final decision to remove children from the placement must be made by the child’s district social worker and their team manager;
• Whether the foster carer should be suspended and no further children placed if an earlier decision has not already been taken;
• Determine how and when the information should be shared and with whom;
• The nature of the support to everyone involved including the foster or adoptive carer;
• Consider and agree whether the Family Placement Service will conduct an investigation into the foster carer’s suitability to continue as an approved foster carer;
• Whether any Family Placement Service investigation will take place in parallel with or only when the Police and or Section 47 enquiries have been completed or discontinued;
• Agree protocols for sharing information and dates for future and or final strategy meetings in accordance with Local Safeguarding Children’s Partnership procedures and timescales.

Foster and adoptive carers are not invited to Strategy Meetings. The meeting may lead to the inquiry of a criminal offence and their presence or prior knowledge may prejudice subsequent evidence. Foster and adoptive carers may be informed that there is an investigation taking place and of the general area of concern, but will not usually be informed of specific details prior to a formal investigation.

The following may be reasons for delay in informing the foster or adoptive carers:

• Lack of clarity regarding details of the allegation;
• Concern that the inquiry may be obstructed if the foster carers are informed prematurely;
• Where the Police are involved, the foster or adoptive carer will be interviewed under Police Caution.

Section 35 (2) of the Adoption and Children Act 2002 states that the Local Authority must give notice to the prospective adopters to return the child to the local authority following which, they must do so within seven days, (otherwise an offence is committed). The child’s birth parents must also be informed of the decision.

If the adoptive carers have already lodged an application, the adopters are required to return the child if the court has so ordered. This also applies to foster carers who have already lodged an application for or applied for leave to issue a special guardianship or Residence Order application.

If the foster carer or adoptive carer makes a complaint about the Family Placement Service or Children’s Services during the course of the investigation then Manchester City Council’s Children’s Services Complaints Procedure will be followed. The foster carer or prospective adopter will be advised to contact The Customer Business Support Team.

A Senior Manager in the Family Placement Service will decide whether this procedure is to be initiated before or following the completion of any investigation.

The final Strategy Meeting is responsible for considering the result of any child protection investigations and whether the allegation is substantiated, unsubstantiated, inconclusive, unfounded or false. (See Appendix 1: Allegations Against Foster Carers, Supported Lodgings Providers or Prospective Adopters). Recommendations may also be made to the Family Placement Service about the foster or adoptive carer’s continued suitability to work with children.

The supervising social worker and team manager will maintain contact with the district social worker and the Police to ensure that accurate information about the progress of any investigation is relayed to the foster or adoptive carer and will be responsible for proactively ensuring that all investigations are brought to a speedy conclusion.

When the following aspects of the Managing Allegations Procedures have been completed, that is:

• When there is no further action under Child Protection Procedures;
• When the Police have confirmed that the investigation is complete, closed or discontinued.

It may be necessary for the Family Placement Service to initiate an investigation with regard to any outstanding concerns about the practices of the foster or adoptive carer in addition to considering the foster or adoptive carer’s competence to continue fostering. This aspect will need to be addressed even when the initial allegation was not substantiated or unfounded, malicious or false. In these circumstances, the Family Placement Service Complaints procedure will be followed.

The purpose of this investigation will be to bring together all aspects of the concerns including those relating to standards of care, prior to a review of the foster carer’s approval. The outcome and all other reports will be presented to the relevant Panel.

Following completion of the Family Placement Service’s Investigation and or all other investigations, a Foster Carer Review chaired by the Independent Reviewing Officer will take place within 28 days to consider the status of the foster carer.

In circumstances where for example, the allegation has been proved and / or a criminal prosecution has taken place, the Senior Manager will decide, in the light of information already available, whether to proceed directly to the Fostering Panel without convening a Foster Carer Review.

The role and function of the Fostering Panel will be as follows: -

1. To consider the written information which has been presented, including: -
   • The outcome or progress of any Police Investigation;
   • The outcome of any Section 47 Enquiry;
   • A foster carer review prepared by the supervising social worker;
   • A risk assessment for any child remaining in placement with the foster carers;
   • The views of the supervising social worker, the children’s social workers and the Independent Reviewing Officer, where available;
   • Any written information submitted by the foster carer(s) or their representative.
2. To ask questions in order to clarify areas of uncertainty;
3. To record the agreed facts and the areas of disagreement.

The Fostering Panel can make the following recommendations: -

1. To take no action;
2. To amend the foster carer(s) registration;
3. To issue a letter of formal warning;
4. To terminate the approval of the foster carer;
5. Any other recommendations (for example, training requirements).

The role and function of the Adoption Panel will be to consider:

• The outcome or progress of any Police investigation;
• A full report on the adoptive carers from the allocated supervising social worker, including the views of the children’s social workers and the Children’s Independent Reviewing Officer where available;
• A Risk Assessment on any children remaining with the adoptive carers;
• Any written information submitted by the adoptive carers or their representative.

The role of the Adoption Panel will be additionally:

• To ask questions in order to clarify areas of uncertainty and disagreement;
• To record the agreed facts and areas of disagreement.

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 reports and minutes of meetings held under the Family Placement Service's Complaints Procedure should be available to the foster carer(s): -

• A full account of the allegation, the investigation and the Fostering or Adoption Panel minutes will be kept on the foster or adoptive carer(s) file respectively;
• If an allegation is judged to be unfounded, this will be clearly stated on file;
• Any statement submitted by the foster or adoptive carer(s) will be filed along with all reports;
• The Local Authority within which boundary the foster carer(s) reside(s) will be informed of the outcome;
• The contents of a foster carer(s) file will be destroyed 15 years after the file is closed.

When the Fostering Panel recommends termination of approval of a foster carer or adoptive carers, there is a right of appeal. The appeal will follow the agreed procedure for appeal against termination of approval.

Within one month of the conclusion of any appeal, the Senior Manager must ensure that where allegations have been substantiated and the foster or adoptive carer’s approval terminated, they should inform the LADO who will consider whether there will be a referral to:

Children Barred or Adults Barred Lists managed by the Disclosure and Barring Service.

The Senior Manager should ensure that Ofsted is informed of the outcome of the Family Placement Service investigation and the recommendations of the Fostering Panel in the case of foster carers or the Adoption Panel In the case of prospective adopters.

The Family Placement Service Senior Manager will:

• Ensure that the procedure is properly applied and implemented within their department / service area;
• Provide support, advice and guidance for staff in their area;
• Be a point of contact for reporting of all allegations arising in their area;
• Refer allegations to the LADO in accordance with this procedure;
• Delegate investigation into allegations as appropriate;
• Attend strategy meetings where required;
• Liaise with LADO as appropriate under relevant procedures;
• Ensure effective reporting and recording systems are maintained within the service area;
• Provide reports and information as required by the Authority’s Senior Officer;
• Ensure appropriate training programmes are in place;
• Ensure relevant support programmes are in place for staff, parents and young people.

The Local Authority Designated Officer (LADO) will:

• Manage and provide oversight of individual cases if allegation meets threshold;
• Provide advice and guidance;
• Monitor progress of cases;
• Maintain an information database in relation to all allegations;
• Co-ordinate and collate reports for relevant agencies;
• Contribute to training and awareness programmes;
• Liaise with the Police and CPS;
• Discuss with relevant Senior Managers the possibility of referral.

The Role of the District Social Worker:

• The social worker for the child is responsible for leading any child protection investigation;
• Where there emerge difficulties in determining the precise responsibility for any child protection investigations involving a single foster carer where more than one unrelated child is placed, the relevant Deputy District Managers and Team Managers should negotiate a satisfactory solution;
• The social worker will present information on the nature of the allegation, its source and reliability, the child’s history, background and details of any previous allegations;
• If a child protection inquiry has been discontinued, information may still be requested from the social worker by the Police for any continuing criminal investigation.

The Role of the Supervising Social Worker:

• The supervising social worker must be informed of the nature and details of the allegation from the outset;
• The supervising social worker will be invited to attend any strategy meeting or discussion;
• Throughout the investigation, the focus of the supervising social worker will remain the welfare of the child or children involved;
• During the course of the investigation, the supervising social worker has continuing supervisory responsibilities for the foster carer in respect of any children remaining in placement;
• The supervising social worker must be familiar with the foster or adoptive carer's chronology and present the background information of the foster or adoptive carer to any strategy meeting or case conference;
• The supervising social worker does not have an advocacy role but has a supervisory responsibility to the foster or adoptive carer and can offer advice and information about the investigation;
• The supervising social worker has responsibility for keeping the foster carer informed of the process and where possible, the timescale of the investigation.

Information to be Supplied by the Family Placement Service to the Foster Carer:

• To be informed that an allegation has been received (within 5 working days);
• To be kept informed of the progress of the investigation;
• To have received a written guidance from Manchester Family Placement Service on how allegations against foster carers are investigated;
• To understand the concerns being expressed;
• To be informed of the procedures being followed and why;
• To be made aware of their right to representation;
• To be given advance notice of any conference or panel dates;
• To be able to offer information and opinions;
• To be informed in writing of what support is available to them and how to make contact (MFCA and Fostering Network);
• How to obtain legal advice if necessary;
• To be informed in writing of the outcome of any investigation.

The Role of Manchester Foster Care Association

Manchester Foster Care Association offers independent support to all Manchester foster carers who have had allegations of abuse made against them. This includes:

• Independent advice and support;
• Assistance and written submissions;
• Advocacy; and
• Attendance at Tribunals.

Manchester Foster Care Association will respond to initial contact from foster carers and referrals from supervising social workers.

Contact:

Manchester Foster Care Association
Tel: 0161 220 8800
mfca@ntlworld.com

For complaints by Foster Carers and Prospective Adopters
Manchester City Council
Customer and Business Support Team
Tel: 0161 227 3333

Click here to view the Reporting Allegations Procedure Flowchart.

Click here to view Allegations Against Foster Carers, Supported Lodgings Providers or Prospective Adopters Form

Identified Personnel

Named Senior Officer will ensure that:

Manchester City Council complies with standards and procedures in relation to managing allegations.

• The departmental workforce is aware of and implements procedures in relation to managing allegations;
• There is a system in place to review cases;
• Inter-agency issues are resolved;
• Effective reporting and recording arrangements in place.

The Family Placement Service Senior Manager will:

• Ensure that the procedure is properly applied and implemented within their department/service area;
• Provide support, advice and guidance for staff in their area;
• Be a point of contact for reporting of all allegations arising in their area;
• Refer allegations to the LADO in accordance with this procedure;
• Delegate investigation into allegations as appropriate;
• Attend strategy meetings where required;
• Liaise with LADO as appropriate under relevant procedures;
• Ensure effective reporting and recording systems are maintained within the service area;
• Provide reports and information as required by the Authority’s Senior Officer;
• Ensure appropriate training programmes are in place;
• Ensure relevant support programmes are in place for staff, parents and young people.

Local Authority Designated Officer (LADO) will:

• Management and oversight of individual cases if allegation meets threshold;
• Provide advice and guidance;
• Monitor progress of cases;
• Maintain information database in relation to all allegations;
• Co-ordinate and collate reports for relevant agencies;
• Contribute to training and awareness programmes;
• Liaise with the Police and CPS;
• Discuss with relevant Senior Managers the possibility of referral.

Click here to view the Managing Complaints and Allegations - Prospective Adopters Flowchart.