6.2.2 Assessment of Prospective Foster Carers Guidance

RELEVANT DOCUMENTS

AMENDMENT

This chapter was amended in May 2012. In particular Section 3, Section 1 - Verification has been updated to include reference to providing evidence regarding the right to work in the UK.

This chapter should be read in conjunction with:

Contents

Values and Principles
Introduction
Section 1 - Verification
Section 2 - Chronology
Section 3 - Current Employment or Student Status
Section 4 - Use of Personal Referees
Section 5 - Previous Partners

Appendix 1 - Serious Case Review Recommendations

1. Values and Principles

When carrying an assessment of prospective foster carers it must always be borne in mind that the primary aim is to clarify whether applicants are ‘good enough’ to become new parents of children who already bear significant disadvantages, therefore:

A child’s welfare is of the paramount consideration. The needs and wishes, welfare and safety of the child are at the centre of the foster and permanence process;
Children are entitled to grow up as part of a loving family which can meet their needs during childhood and beyond;
Foster care is about meeting the needs of children, including their welfare and safety, not the needs of adults;
Delays in adoption and permanent placement (including assessment of prospective foster carers) can have a severe impact on the health and development of children and should be avoided wherever possible;
All matters will be dealt with in the strictest confidence, except in regard to over-riding child protection concerns;
Participants in foster care will be provided with all available information;
Services will be accessible to members of black and minority ethnic communities;
People who want to foster will be responded to promptly, given clear information on the recruitment, assessment and approval processes and treated fairly, openly and with respect;
Applications from people wishing to be assessed as prospective foster carers will be accepted, regardless of marital status, race, religion or sexual orientation, provided they meet the criteria set out in the fostering and permanence policy statement;
In considering applications to foster, factors such as age and health will be taken into account but should not exclude people applying;
All applicants must undertake child protection checks, with previous offending behaviour being carefully scrutinised and any offences against children would preclude approval (unless the offences were committed as a child which would require consideration by senior managers);
The assessment and approval process will be comprehensive, thorough, fair and fully explained. Whilst the Directorate will endeavour to work in partnership with prospective foster carers, it is also necessary for both parties to be clear that a risk assessment is being carried out;
Assessments must distinguish clearly between self-reported and independently evidenced information, with verification of key aspects of prospective foster carers’ accounts.

2. Introduction

This guidance originally resulted from recommendations made in a Serious Case Review, endorsed by the former Brighton and Hove Area Child Protection Committee (ACPC) (now Brighton and Hove Safeguarding Children Board) and the Department of Health (DOH); please see Appendix 1 for recommendations made on assessment of prospective adopters and carers. The Strategic Director of Social Care and Health and the ACPC expected this guidance to be followed by all staff who prepare assessment reports.

This guidance should be read in conjunction with the Fostering Services National Minimum Standards 2011, Brighton and Hove City Council quality standards, the Department of Health’s Framework for the Assessment of Children in Need and their Families, BAAF’s Making Good Assessments: A Practical Resource Guide and the Fostering Network’s The skills to foster assessment: assessing foster carers: a social worker's guide.

The key issues of the meaning of verification and corroboration, compilation of Chronologies, verification of key information, use of personal referees, and consideration of the significance of previous partners will be clarified in the following pages. Staff will be reminded to link assessment information and evidence gained to clarifying applicants’ competence's as now required. It is anticipated that applicants and others will be provided with appropriate information leaflets, including the complaints procedure.

Some of the following guidance may appear obvious to experienced staff, but this guidance has to cover a wide audience, which could include newly qualified staff and students on placement. It is also part of assisting a ‘cultural shift’ within the Directorate, towards achieving more evidence-based assessments resulting from a more investigative approach. This involves making crystal clear to applicants that a risk assessment is being carried out, with the primary focus on the paramount needs of the child who may be placed with them. Considering the seriousness of the task to be under-taken, it is not unreasonable to expect applicants to provide all necessary information, which most people will be used to in respect of other important life events, such as applying for a mortgage.

Though this guidance attempts to be comprehensive, it cannot cover all situations. That is why the guidance underlines the necessity for assessing social workers to consult their managers and the Agency Advisors for fostering and adoption about key decisions and issues, whilst exercising their professional judgement and discretion. Though this guidance and accompanying pro-forma have been piloted with staff and amended after consultation, further feedback and suggestions for improvement would be welcome and should be given to the Head of Service, fostering and adoption.

New procedures and guidance may not prevent a small minority of applicants trying to deceive assessors. This guidance, covering new assessment procedures, has however closed down a number of options that may have been used previously to mislead assessing social workers. The guidance provides ‘norms’ about what social workers should normally do when assessing prospective foster carers. There may be some exceptions to these general rules, which would need to be supported by appropriate evidence and management agreement.

This guidance is focused on the assessment of prospective foster carers. It can also be used for the assessment of long term foster carers wishing to provide a permanent placement for a child(ren) for the first time. Separate guidance will be issued in due course about the potentially shorter re-assessment of existing carers wishing to become permanent carers of children already placed with them.

It is hoped this guidance will provide helpful support to social workers, managers and applicants undergoing the important and complex home study process, with all keeping a primary focus on how best to meet a child’s needs.

3. Section 1 - Verification

Definitions

Information given by prospective foster carers about life events and current circumstances should be checked thoroughly (verified), wherever possible, by examining relevant documents, obtaining references, carrying out official checks and interviewing key people. Doing this verification work would also help to confirm the veracity of accounts by obtaining others’ views (corroboration) of information given by applicants.

Examples

The following are examples of independent verification and corroboration:

Examination of official documents, such as birth/marriage/divorce certificates (with papers giving grounds for divorce), residence documents, proof of income and medical information;
Obtaining references and interviewing personal referees;
Obtaining references from employers or course supervisors;
Checks with the Criminal Records Bureau, the relevant List for a child subject to a Child Protection Plan, the relevant Probation Department, fieldwork teams covering area applicants live in, and CareFirst;
Correspondence and interviews (where appropriate) with other key people, such as former spouses or partners, relatives, child(ren) of applicant, school staff and friends.

Rationale

Verification should be part of an assessment and approval process, which is comprehensive, thorough, fair and explained fully and in writing to prospective foster carers. An explanation should be given for the need for checks and enquiries about prospective foster carers and members of their household, focusing on ensuring a child is not placed with carers who have previously abused children or who may be a danger to children. Honesty and clarity about the reasons for the investigative aspects of an assessment can be the basis for building trust in the assessment process. Verification should be carried out sensitively and be appropriately intrusive. However, it should not cause excessive delay and must conform to National Minimum Standards and the Directorate’s quality standards. By considered use of your professional judgement and consultation with your manager an appropriate balance between probing investigation and building trust can be achieved.

Using the Acquisition of Key Information/Documents on Prospective Foster carers’ Checklist

You should place the Acquisition of Key Information/Documents on Prospective Foster’s Checklist in a prospective foster carer’s (s’) case file. It should be completed separately for each prospective foster carer, with appropriate cross-referencing where information applies jointly to applicants applying as a couple. The completed form should also be included in your documents for the Fostering Panel.

The checklist will record your acquisition of key information on a prospective foster carer, and that you have obtained documents, studied them and placed them or copies in the documents’ module of the case file, adding the date seen.

The checklist provides an ‘at a glance’ view of your progress on acquiring key verifications that should be completed as part of your assessment of a prospective foster carer and used as supporting evidence in your final report to the Fostering Panel. Ticking the appropriate boxes will clarify for you, your manager and any manager or inspector undertaking a case file audit, which documents and evidence have been obtained. It is not expected that all boxes should be ticked, though most will be by the end of the assessment process.

Going through the list, the following should be obtained:

Birth certificates - copy of prospective foster carer’s birth certificate and of child/ren if have children under 18 years old;;
Marriage certificates – if married, copy of prospective foster carer’s marriage certificate;
Divorce certificates - if divorced, original certified copies of papers giving grounds for divorce which may be available from the prospective foster carer’s solicitors; a number of solicitors may follow Law Society guidelines which advises destruction of divorce papers after six years’ storage, therefore in instances where divorce has occurred a long time ago it may not be possible to acquire relevant papers; other sources of verification should be sought if available;
Residence documents – copy of proof of ownership of home they live in or tenancy;
Employment status – this will normally be provided in the reference obtained from a prospective foster carer’s employer. There may be rare exceptions where this has not been possible and other evidence may be provided. If they are self-employed, confirmatory evidence should be supplied, such as an annual statement of accounts. If they are registered unemployed, a copy of their Job Seekers Allowance claim or other supporting documentation from the Department of Work and Pensions should be obtained;
Proof of income – this should be obtained if not covered in employer’s reference or it has not been possible to obtain a reference, or if it is not covered in evidence supplied about self-employed or unemployed status;
Other income/payment details – copies of relevant bank statements and investments and copies of mortgage payments or rent payments or arrears;
Student status – this will normally be provided in the course supervisor’s reference;
Any educational and professional qualifications – copies of relevant qualifications;
Driving licence – to be copied if applicant indicates they can drive;
Child protection checks 1,2,3,4,5 and 6 – evidence of the six different child protection checks on a prospective foster carer and the results, covering checking with the Criminal Records Bureau, relevant list for children subject to a Child Protection Plan, relevant Probation Department, relevant fieldwork team and CareFirst;
Child protection check 7 – evidence of child protection checks with the Criminal Records Bureau on any other adults living in the prospective foster carer’s household and adults living elsewhere who would have significant contact with a child placed (if relevant) and the results;
Child protection 8 – evidence of checks with the relevant list for children who are subject to a Child Protection Plan on personal referees;
Medical examination forms – copies of the relevant medical reports on the prospective foster carer;
Personal references – at least two references from a list of six provided from by applicants;
References from previous partners – these would normally be provided if a prospective foster carer had children from a previous relationship, though there may be exceptions where this has not been possible and other evidence is obtained. On occasions, references from previous partners where there were no children may be obtained;
Next- of- kin – details should be provided by a prospective foster carer;
Addresses over past ten years – a list should be provided by a prospective foster carer covering the previous ten years up to the start of the assessment;
Proof of nationality – if relevant, and when there are doubts or confusions about a prospective foster carer’s nationality and clarification of their right to work in the UK, proof should be obtained, with a copy of the appropriate part of their passport;
Other relevant documents – these should be listed and appropriate copies made.

4. Section 2 - Chronology

This section explains how to use the pro-forma Chronology of Prospective Foster carer’s Life. It also gives guidance on ensuring your assessment report to the Fostering Panel provides a coherent chronology.

Devising a chronology to provide a coherent narrative

The completion of the chronology should help to provide a narrative skeleton on which to base a comprehensive account of the prospective foster’s life for the assessment report. The artificial divisions in the Chronology need to be integrated into a coherent narrative of the prospective foster carer’s life. This should be borne in mind,in the following descriptions of the different aspects of an applicant’s history. The major source of information for completion of the chronology obviously will come from the applicants. Verification work, including interviews with referees, previous partners and other key people and study of references and documentation, will also contribute significant information.

Date years and age

In ‘sign-posting’ important events and periods in the narrative it will be important to clarify the applicant’s age, as well as the year. they occurred. This could be pertinent for significant anniversaries, such as deaths of parents, and their possible links with, and explanations for, subsequent events/behaviours.

Early history: childhood and youth

Significant life events for this period need to be described, as well as giving the crucial description of the prospective foster carer’s childhood, adolescence and youth, how they were parented and the culture and environment they experienced. Though each person’s life is unique, the following examples may be highlighted in a chronology:

Circumstances of their birth;
Impact of birth of brothers or sisters;
Illness and/or death of significant relatives/carers;
Illnesses and hospitalisations;
Geographical location and moves;
Key separations from parents/carers/siblings;
Caring and/or disciplining events;
Cultural events;
Unexplained gaps and unusual patterns.

The Adult Attachment Interview framework may be of particular use in assessing a prospective foster carer’s childhood and youth.

Educational history

The prospective fosterer’s educational history needs to be woven into the narrative of their childhood and youth (and later life if they have been a mature student and/or retrained). The educational/training strand could cover the following:

Primary school(s) attended and experience;
Secondary school(s) attended and experience;
Further and/or higher education colleges/universities attended and experience (if applicable);
Other vocational training attended and experience (if applicable);
Educational and professional qualifications obtained and proof;
Extended travel abroad;
Sports/leisure/interests experience/achievements;
Unexplained gaps and unusual patterns.

By advising that a Chronology should seek to clarify what educational and professional qualifications a prospective foster carer has does not mean an assumption is being made that certain or any examinations should have been passed by the applicant. Nor does it imply that other educational history/experience not resulting in qualifications are without merit or significance. Other prospective foster carer’s educational experiences, such as extended travel abroad or sports achievements, may be considered of great significance by the applicant and you.

Employment history

Similarly the prospective foster carer’s employment history needs to be woven into the narrative of their life after full-time education has been completed, and after later educational or training periods if the applicant has been a mature student or retrained and whether the applicant has a right to work in the UK. The employment strand could cover the following:

Previous periods of significant paid employment either as an employee or self-employed;
Current employment or self-employment;
Previous significant periods of unemployment;
Current unemployment;
Previous periods of voluntary work;
Current voluntary work;
Previous periods of being at home doing unpaid work supporting spouse/partner and/or family, including caring for other relatives;
Current home working role;
Unexplained gaps or unusual patterns in employment history.

Proof of employment will be dealt with in Section 3.

From this list of employment options you will see that employment should be viewed widely and not necessarily be restricted to paid work.

Relationship history, including parenting

Tracing the trajectory of a prospective foster carer’s history of significant adult relationships would usually start from about the age of 18, though of course there could be exceptions, especially if the applicant left full-time education at 16. Consideration of significant previous and current relationships could cover the full range of sexual orientation and would normally involve couples living together and possible legal commitment. Description of these intimate relationships would not preclude consideration of other significant relationships with relatives or friends. As previously stated, the strand of relationship history should be integrated with the other narrative strands to form a coherent history, which may include as follows:

Previous relationship(s) involving living together- period and experience;
Previous relationship(s) involving marriage, separation and divorce- period and experience;
Previous relationship(s) involving birth/foster/adopted/ step- children/co-parenting- period and experience;
Age of child(ren) from previous relationship(s), nature of relationship and contact arrangements;
Current relationship involving living together and/or marriage and child(ren), period and nature of relationship;
Proof of any previous marriage(s) or divorce( s), including description of grounds for divorce as cited in legal papers;
Proof of current marriage;
Description and analysis of reference(s) from, and contact with, previous partner(s), if there was a child from that relationship; please also see Section 5, Previous Partners;
Description and analysis of any interview held with child/ren of previous relationships;
Unexplained gaps and unusual patterns.

Verification, gaps and unusual patterns

Independent evidence should be provided in your report to verify relevant parts of the narrative of the prospective foster carer’s life given by them and discovered yourself. The means to achieve this are detailed in Section 1 but would include references, legal documents and interviews with key people. Not all aspects of an applicant’s life need to be or can be verified but salient parts should be, such as:

Relationship history events, including own children;
Academic and professional qualifications;
Employment situation;
Resolution of crises;
Strengths and positive factors.

Devising a Chronology about a prospective foster carer’s life may reveal unexplained and significant gaps in their account and parts of your description. Further assessment and other verification measures should ‘fill in’ the gaps, or clarify that the gaps in knowledge about the applicant mean the assessment cannot progress to Panel at this stage, or that the problems identified are issues requiring Panel advice and guidance. Clearly your manager should be consulted and the Practice Manager (Fostering) regarding the appropriateness of bringing a report to Panel with serious gaps in a Chronology or unexplained issues.

After completing the Chronology and ‘standing back’ to review it for possible gaps and issues, you should comment on any unusual patterns in the applicant’s life, especially regarding relationships, care of children and employment.

5. Section 3 - Current Employment or Student Status

Verification

Verification must be sought of a prospective foster carer’s current employment or student status. This must also include clarifying the demands of work or study commitments on the applicant, and what the implications would be for caring for children placed with them. You can clearly gain a strong picture from discussion with an applicant(s) and their personal referees about their employment or student status. Nevertheless, a written reference should always be sought from their current employer or course supervisor; please see Standard Letters to Applicant’s Employer or Course Supervisor.

As with all other verification aspects of an assessment of prospective foster carers, the reasons for seeking it should be clearly explained to them. The Directorate’s policy and procedures and the Fostering Panel require independent evidence to support the accounts applicants give of their lives and circumstances. In the past, trusting descriptions given has not always resulted in an accurate picture being presented to the Panel and had tragic consequences.

It needs to be acknowledged honestly with prospective foster carers that seeking an employer’s reference, and the applicants raising with their employer the implications for their work of child being placed for foster ion, may pose some risks in some employment situations. It may change how they are perceived. In many cases the discussion at work will have occurred already and prospective foster carers will say this is not going to be a problem. In others, where the prospective foster carer thinks it may be an issue, this should be thought through together. You may wish to advise them to seek support from their trade union, professional association, councillor, MP or a solicitor, where this is appropriate.

Timing

The timing of when to seek a reference from an employer is of crucial importance; this would not normally be an issue when seeking a reference from a course supervisor. On deciding when to seek a reference, you should be guided by the stage of the assessment, the applicant’s view and your manager’s advice. You would not wish to possibly jeopardise a prospective foster carer’s employment position by a premature or inappropriate application. Some applicants may be considering reducing their hours of employment or leaving their job if a child is placed for foster ion with them. They could be worried about a reference being sought from their employer prematurely, which could lead to their current employment being threatened or made difficult. In such situations, after consultation, you may decide to delay seeking a reference, especially if it was clear that the applicant’s employment would cease once a child was placed (subject to a successful approval as a prospective foster carer and an appropriate match being agreed).

In other situations, when a prospective foster carer does not plan to change or vary their employment when a child is placed (subject to their approval and a match being agreed), a reference should be sought during the assessment process. An employer’s reference would normally be applied for at the later stages of the home study assessment, when it is clear a positive recommendation is likely to be made to the Fostering Panel. An applicant has a certain responsibility to inform an employer about possible changes in their personal life that may affect their work, as does the employer to be supportive and understanding. Many employers are supportive but some are not, and unfortunately may remain so, despite changes in employment protection and employees’ legal rights. Again sensitivity about timing should be shown and reassurance given to the applicant about not wishing to endanger their employment or exacerbate a difficult situation if they have informed you that their employer is inflexible and likely to be unsympathetic to the needs of foster parents. In such situations, a considered judgement, in consultation with your manager, will need to be made about the timing of a request for a reference and how it is handled. If you consider seeking an employer’s reference would cause a serious risk to a prospective foster carer’s employment and that an exception to the normal policy is required, permission should be sought from the Fostering Panel, after discussion with the Practice Manager (Fostering). The rare exceptions to the general policy would require proper justification and exploration of whether verification of employment status can be obtained by other means, such as viewing employment documentation, statements from personal referees or work colleagues.

Using the Standard Reference Request Letter

As you will see, the standard letter clarifies permission should be given by the applicant before writing to their employer or course supervisor, and that the following verification, under strict conditions of confidentiality, is sought.

For those in employment:

Current employment status in the organisation they are working for;
Pay;
Hours of work, including any regular additional hours the applicant may be required to work;
Comments on discussions applicant may have had with their manager about the possible placement of a child with them for foster ion AND how this may affect their work commitments

In addition, for those engaged in full-time study:

Current status as a student at university or college they are attending;
Time commitment involved, especially regular hours of attendance on campus during term time and expectation of study hours at home;
Comments on discussions applicant may have had with their tutor about the possible placement of a child with them for foster and how this may affect their study commitments.

Linking With the Assessment of Applicants’ Competences

You should use any evidence given in references from an employer or course supervisor to help demonstrate competences for the BAAF form. Depending on the nature of the employment or course attended, a reference may provide supporting statements on some of the five competence requirements, especially if an applicant works with children or is on a vocational course directly concerned with children. An employer or a course supervisor may have particularly pertinent comments to make about some of the requirements under the competences concerned with ‘working as part of a team’ and ‘own development’.

Your portfolio of evidence of competences should be viewed as part of the case file on the prospective foster carer. The file and portfolio should be taken to the Fostering Panel when your completed assessment is considered, so that the portfolio is available to Panel members if necessary.

6. Section 4 - Use of Personal Referees

Selection of Personal Referees

Use of the List of Personal Referees Nominated by Prospective Foster Carer form

You should ask prospective foster carers to complete the List of Personal Referees Nominated by Prospective Foster carer form. As you will see from the form, applicants (either as a couple or single) should select a minimum of six potential referees. There are five criteria set out in the form, which must guide prospective foster carers’ selection of referees, as follows:

Referees will not normally be relatives but should be individuals who can comment on the applicants’ home life and capacity to act as good parents;
Referees chosen should reflect different periods of applicants’ lives;
Referees chosen should clarify whether their reference relates to one or both members of a couple;
If applying as a couple, referees should also be recommended separately for each applicant. It should not be assumed that a referee who knows both members of a partnership is competent to comment on the capabilities of each prospective fosterer equally. Of course, there will referees chosen who are competent to comment equally on both members of a couple;
Referees chosen must be willing to have their names checked against the relevant lists for children who are subject to a child protection plan.

The last criterion may be difficult for some applicants and potential referees to accept. If acceptance cannot be achieved with an applicant, this would bring their application to an end. The assessment would not be able to proceed. As previously mentioned in Section 1 on verification, clear, sensitive explanations need to be given for this check. Most applicants should be able to understand that references from people who are on a list for children who are subject to a child protection plan would not be valid in this context. This should satisfy most applicants. It is understood that there may be occasions when an applicant would not know if their referee is on a list for children who are subject to a child protection plan. The ‘failsafe’ will be a potential referee declining to provide a reference to try to cover up existence of a Child Protection Plan, or it being revealed later if they provide a reference, having previously denied it. It has to be acknowledged that some applicants may feel embarrassed about raising this issue with potential referees and wish to leave it to the social worker to request a reference. This criterion does not mean applicants have to ask potential referees. However, applicants should clarify with their referee that this check will be required by our Department, if you request a reference. There may be rare instances in which a reference request sets in train a process whereby a referee who may be, or have been, a close friend of an applicant is revealed to be on a list for children subject to a child protection plan, having denied this when agreeing to provide a reference. The result of such a check on a referee would, of course, be confidential. But somehow this information may get back to an applicant by inference, if they became aware that the reference was not to be used after all. This could have repercussions for the applicant’s relationship with the referee. This would have to be handled sensitively in your assessment. More importantly, you would need to take account of this issue in your assessment of the applicants – you would need to be satisfied that their ignorance of the referee’s name on the list of children with a Child Protection Plan is genuine and there are no risk linkages between the referee and applicants. This is not an argument for ‘guilt by association’, but for clarity and a knowing elimination of a potential risk factor. Referees’ queries on this point are covered in the next section Contact with referees.

When you have received a list of six referees, who meet the criteria, from prospective foster carers, you need to decide which referees to request a written reference from. Your choice will be guided by ensuring the range specified in the criteria on the List of Personal Referees Nominated by Prospective Foster carers form is covered adequately. You may wish to write to all referees listed and then make a decision about who you will interview. A minimum of two referees should be chosen to request a reference from, most probably you will request more than two.

Contact with Referees

Use of Standard Letter to Request a Personal Reference

When you have decided whom you wish to a request a written reference from, you should use Standard Letter to Request a Personal Reference. You will see this letter seeks written verification of key aspects about an applicant, including:

How long they have known applicant;
In what capacity;
The particular period(s) of an applicant’s life they will comment on;
Their views on applicant’s suitability to become an foster parent, including strengths and issues of concern.

The letter clarifies that if the person agrees to become a referee their name will be checked against the relevant list for children who are subject to a child protection plan. The potential referee is invited to contact you if they have queries about this. As with applicants, if potential referees raise concerns or queries, clear sensitive explanations should be given, underlining that our primary focus is on the welfare of a child. This should satisfy most potential referees. If a referee contacts you to say they are not prepared to have their name checked against the relevant list for children who are subject to a child protection plan and do not wish to give a reference, you should try to engage them in discussion and clarify their reasons. Most probably they will refuse. This would have to be accepted, as would a written rejection. In another unlikely scenario, a potential referee may object to having their name checked but say they are prepared or wish to give a reference. You should advise a reference could not be sought from them if they continue to refuse to allow a check to be made, and that if they send in a reference it would not be acted on. Once this issue is clarified, their name should be deleted from the list of potential referees. At this stage, it may not be necessary to speak to the applicants again about supplying another referee if the remaining potential referees fulfil the five criteria set out in the checklist. If removal of a potential referee from the list does cause a significant gap in information about the applicants, you will need to consider asking the applicants for another referee, saying that on reflection the original list provided does not give a sufficient range for you to choose referees. There is no need to breach confidentiality by saying a potential referee refused to have their name checked against the list of children with a Child Protection Plan. The applicants may learn this directly from the person who refused, and this may require further discussion.

The standard letter does not commit you to a follow up interview but does alert the referee that you may contact them to arrange an interview about the points made in a reference.

The standard letter also makes clear that a reference will be treated in the strictest confidence and will not be shown to the applicant(s). This general rule should normally be followed. However, there may be some rare exceptions when you may have to follow up with applicants certain issues of particular concern raised in written references and in interviews, especially if you consider there are potential risk factors that have not been revealed previously in the assessment. For example, though it is unlikely, the referee may raise concerns about parenting experience, risk of child abuse, mental health problems or domestic violence. Or the referee may raise concerns, which appear on the borderline or to be grey areas that require clarification. This does pose a dilemma about considering breaching a pledge of confidentiality made to a referee. Before considering taking such a step, you should consult your manager. You may decide to seek legal advice. If you agree that the issues raised by the referee are of sufficient concern to warrant direct discussion with the applicants, you should talk further with the referee to try to obtain their agreement to you discussing the subject with the applicants. You should explain the reasons for this. Your focus should be on the paramount needs of a child who may be placed with the applicants. You may say the referee’s concerns merit being raised to see whether the risk posed is too great to consider further assessment, or that the issues need to be discussed in depth with the applicants to see if the problems can be resolved. If there is a way of clarifying the issues of concern raised without breaching confidentiality that should be attempted. However, applicants may still be able ‘to work out’ where your new focus of enquiry has come from. Further discussion with referees most probably will be required. A reference may raises concerns without the referee realising they have done so. In most cases, a subsequent interview with the referee should allow clarification to occur.

In order to minimise delay, the standard letter asks the referee to return their reference as soon as possible, which you can reinforce as necessary.

Use of the Checklist for Collating Information About and From Referees On Prospective Foster Carer

Depending on how many written references you have sought, once references and the results of checks with the relevant list for children who are subject to a child protection plan are received, decisions will have to be made about which reference will be followed up with an interview. The standard form used to check whether a prospective foster carer is on the relevant list for children subject to a child protection plan should also be used to check personal referees with the appropriate managers’ signature. The Checklist for Collating Information About And From Referees On Prospective Foster Carers should be used to guide your interviews and assist completion of the reports of your visits to referees. This pro-forma can be used as a ‘ticking off’ checklist or as a basis for your reports.

If a referee’s name appears on the relevant list for a Child subject to a Child Protection Plan further consideration of the reference should be paused and a discussion held as soon as possible with your manager about whether your assessment of the prospective foster carer(s) can continue. This would invalidate the reference given and a decision would have to be made about whether another referee would be sought on the same basis as previously mentioned. Time need not be wasted tackling the deceit of the referee. If they seek reassurance that the applicants will not be told about them being on the list, they should be clearly told that it cannot be given as concern about the future welfare of a child to be possibly placed with the applicants would override the usual maintenance of confidentiality. In such a situation confidentiality would need to be breached. You would need to clarify whether the applicants know the referee is on the list and what the implications of such knowledge or ignorance are. You would also need to clarify whether there are child welfare risk factors involved in the applicants’ relationship to the referee. If necessary, advice should be sought from the Clermont Unit and Legal Services. If after consultation with your manager and others it is decided the applicants’ relationship with the ‘referee’ posed child protection risks to children who may be placed with them, the assessment should be terminated.

Consideration of breaching of confidentiality as described above is permitted under Article 8 (2) of the Human Rights Act 1998 but it is essential that comprehensive recording occurs. In such situations, you should keep a full and accurate record of the issues considered and the reasons for the decision to breach confidentiality and all the steps taken to avoid such a breach. There should also be accurate recording of all conversations with referees about such matters. Legal Services also advise that it would be good practice where possible to follow up all conversations by confirming letters. Where a referee agrees to the disclosure of information you should obtain that agreement in writing, especially if they were initially hesitant to consent. The reasons for the full recording of the decision making process leading to a breach of confidentiality is to demonstrate that the Human Rights Act dimension has been fully considered, should there be a legal challenge.

If it is confirmed that the referee is not on a relevant list for a child who is subject to a Child Protection Plan, then further consideration of the reference should proceed.

The complex issues regarding referees and the relevant lists relating to children subject to a child protection plan can be summarised as follow:

Referees must be willing to have their names checked against a relevant list of children who have a Child Protection Plan;
If applicant cannot accept that their referees’ names have to checked, the assessment would be terminated;
Applicants should clarify with referees that a check of the list of children with a Child Protection Plan is required;
If referee is in agreement, name checked against the relevant list;
If not shown on the relevant list, consideration of reference and assessment of applicant continues;
If referee does not give permission for name to be checked against the list of children with a Child Protection Plan, their name removed from list of nominated potential referees. Social worker considers whether another referee needs to be nominated;
If referee’s name appears on the relevant list, assessment of applicant paused whilst social worker and manager consider significance of this information.

The Checklist takes you through areas that need to be covered in a reference and in an interview with a referee, as follows:

The nature of the relationship between the referee and the prospective fosterer(s), including whether the referee has their own children and their children’s relationship with the prospective foster carer;
Which period(s) of the prospective foster carer’s life the reference covers;
The referee’s views on the prospective foster carer’s parenting and child care experience and abilities, especially if the prospective foster carer has birth children or has cared for other children;
The referee’s views on whether the prospective foster carer would abuse or neglect a child placed with them;
Their views on the prospective foster carer’s relationship with their spouse or partner if they are in a couple;
Their views on the prospective foster carer’s relationship with their parents and other significant relatives;
Their views on the prospective foster carer’s current employment or student position if they are attending a course or training;
Their views on the prospective foster carer’s support network, post-placement and post-foster ion needs;
Their views on the prospective foster carer’s possible reaction to the placement of a child with them and the likely impact on their life. Do they have a space for a child in their life?
Their concerns or issues about the prospective foster carer’s application if not covered elsewhere;
Their views on the prospective foster carer’s particular strengths and the positive factors they would bring into a family situation;
Any other relevant points you wish to highlight for the Fostering Panel from the reference and interview with the referee that are not covered elsewhere;
The ‘weight’ you put on the reference and the referee’s opinions with reasons.

A follow-up interview with a personal referee would normally occur at their home or in exceptional circumstances at your office, not at their place of work.

Linking With the Assessment of Applicants’ Competences

You should use any evidence given in written references and interviews with referees to help demonstrate competences. Personal references may provide valuable supporting statements about the competences, especially about ‘caring for children’ and ‘providing a safe and caring environment’.

7. Section 5 - Previous Partners

Reasons for Obtaining Information About and From Previous Partners

Previous partners can be a source of valuable information and verification to aid your assessment of prospective foster carers. In the past, not obtaining information from a previous partner with whom the applicant had children resulted, unknowingly, in serious gaps in an assessment of a prospective foster carer with tragic consequences. As direct information from previous partners has not consistently been sought in previous assessments, it is understood that some social workers may have qualms about doing so, and feel uncomfortable about conducting a felt-to-be too intrusive investigation. Nevertheless, in order to carry out a comprehensive assessment and to clarify or eliminate potential risk factors associated with child protection and domestic violence, relevant information must be gathered. Honesty and clarity about the reasons for the investigative aspects of an assessment can be the basis for building trust in the assessment process. A clear explanation should be given, underlining that the primary focus of an assessment is on whether it is safe and appropriate to place a child with an applicant.

Nature of Information Being Sought

When assessing information provided by previous partners, you should make every effort to verify it. The reasons for the breakdown of a previous relation should be explored with an applicant. The nature of any existing relationship(s) between former spouses or partners should be taken into account when evaluating information relating to the prospective foster carer, for example is it amicable or acrimonious?

Where a prospective foster carer has been in a significant relationship and has had parenting experience, you should always obtain a reference from their former spouse or partner. This requirement should be made absolutely clear to applicants. It is vital that when an assessment is being undertaken that you continue to gather evidence to determine the likely competence and adequacy of their parenting abilities given the demands that will be made on them from children who have attachment difficulties or other difficulties.

What if an Applicant Lies or Does not tell the Truth About a Previous Relationship?

It is understood that no verification system can be foolproof if an intelligent applicant is determined to hoodwink an assessor. However, this new major expansion of the assessment process, to take account more fully of previous partners’ views, is a significant closing down of possible ‘escape hatches’. A small minority of applicants may try to deceive or be economical with the truth. When asked whether they have a child from a previous relationship, and if they had been made aware that this would trigger a reference being sought from a previous partner, some applicants may lie to prevent damaging information being revealed by the ex-partner. Therefore, in consultation with your manager, you should use your discretion about whether to seek a reference from a previous partner when the applicant says there were no children from that relationship. You should seek such a reference if you sense you are not being told the whole truth about a previous relationship or information from other sources indicates this.

Gathering Information About Previous Partners

Use of the Information Log on Prospective Foster Carer’s Previous Partners and/or Step-Children

You should maintain an information log by using Information Log On Prospective Foster Carer’s Previous Partners and Birth and/or Step-Children. This should be cross- referenced with the Chronology of Prospective Foster Carer’s Life form and personal references as applicable. This form should be completed separately for each prospective foster carer and previous partners listed in chronological order, giving:

Previous partner’s name and current address (if available);
Period of relationship;
Any relevant information about the relationship;
Any birth or foster or adopted children of the partnership, with name, sex, date of birth, whom currently living with, and contact arrangements;
Any non-birth/foster/adopted children of the relationship, clarifying whether applicant played a step-parent or co-parent role, with details, including contact arrangements;
If there were children from the relationship, confirmation that a reference has been obtained.

It has to be recognised that a number of applicants may no longer be in contact with previous partners (with whom there were no children). They may not have had contact for a long time. They may not know their current address or know how to obtain it. In such situations, after consultation with your manager, you should try to achieve verification by other means, such as personal references, but it is understood this may not always be possible. If you have been unable to obtain verification, you should state this in your assessment report and give reasons.

There may be other rare situations in which an applicant has had children with a former partner (or there has been a step-parent relationship) and there is no contact or limited contact with the former spouse or partner for a variety of reasons, including the relationship ending acrimoniously or because of domestic violence. If the applicant has care of the children of that relationship, the previous partner may have decided not to keep in touch with their child or the applicant has decided not to allow their child to have contact because of previous domestic violence or child protection concerns. Such situations present dilemmas. The applicant may say either they do not know (or wish to know) where the former partner and parent or former step-parent of their child lives. Or they may say that they do know but do not wish to resume contact nor wish you to contact them as this could cause a risk to their child’s welfare and the welfare of a child who may be placed with them. If you assess these concerns are genuine, and after consultation with your manager and the Agency Advisor (Fostering) and the Clermont Unit if necessary, you should try to obtain alternative verification by other means, such as use of personal references and interviews with other people with knowledge of the previous relationship. The Fostering Panel would need to be convinced by this alternative evidence and may require further verification. If you consider that an applicant is unreasonably withholding information about a previous partner and parent of a child in the applicant’s care, or that they are unreasonably objecting to you contacting their previous partner, in consultation with your manager and the Practice Manager (Fostering), you may have to consider pausing the assessment, with a view to terminating it.

There may be other situations (most probably very rare) in which an applicant reveals that they are not in contact with a previous partner and with the child of that relationship. You would need to explore the reasons for this, which most likely will be complex. It is understood that if an applicant has chosen not to be in contact with their child from a previous relationship and no obvious barriers to contact had been put up by the previous partner, this would raise serious questions about the applicant’s motivation to foster and being assessed to look after another person’s child. If they withhold known information about the previous partner and object to them being contacted, in consultation with your manager and the Practice Manager (Fostering), you would have to consider terminating the assessment. If the applicant says their previous partner has prevented them from having contact with their child, despite a variety of attempts, including legal, to achieve it and they have no objections to them being contacted, you should pursue this avenue of enquiry. This verification may help to clarify whether the reasons given by the applicant for currently not being in contact with their child are genuine or not. This should also help to clarify whether the assessment can continue.

Contact with Previous Partners

Though the above may be covering exceptional circumstances, the issue of contact with previous partners is potentially a fraught area which will require great sensitivity and careful handling for both applicants and previous partners.

Use of Standard Letter to Request a Reference from a Previous Partner (involving children)

When you have clarified which of the previous partners of applicants you wish to ask for a written reference, you should use Standard Letter to Request a Reference from a Previous Partner. Unlike requesting a reference from a personal referee there is no requirement to check a previous partner providing a reference against a relevant list for children who are subject to a child protection plan. You will see this letter seeks written verification of key aspects of an applicant from the perspective of a previous partner, including:

Their views on applicant’s suitability to become an foster parent;
The period of the previous relationship;
The reasons for the relationship ending;
The nature of any existing relationship, especially arrangements about children;
Views on applicant’s previous and current parenting experience and abilities.

The letter acknowledges the reference request may cause distress and inconvenience by reminding the previous partner of a past relationship they have put behind them.

The letter invites a previous partner to contact you if they have any queries about the reference request or to talk matters over before giving a reference. Depending on whether they have been alerted by the applicant, and the nature of the previous and existing relationship, it is quite probable that a previous partner may wish to discuss the reasons for your reference request, especially if your letter has come ‘out of the blue’. You may need to reinforce the message in the standard letter that they are being asked for a reference in order to ensure the best interests of a child who may be placed with the applicant for foster ion. You may need to underline that your primary focus is the welfare of a child and that our Department has to be absolutely confident that a child placed with the applicant would be safe and thrive. For a variety of reasons, some previous partners may not respond to a reference request or after discussion with you about the request decide not to provide a reference. A reminder should be sent but if there is no reply or a previous partner says they do not wish to send a reference, you would have to accept it. In consultation with your manager, you would consider the significance of this refusal which may reflect not wishing to relive previous distress or it may cover concerns about the applicant’s previous behaviour that they are reluctant to raise. However, without evidence the reasons for refusal cannot be clarified. Therefore, other means of verifications should be sought, such as personal references or interviewing other people with knowledge of the previous relationship, such as a child of that relationship whom is now adult. You will need to convince the Fostering Panel about your alternative evidence who may require further verification. If you have any doubts about the supporting evidence or are worried about possible gaps in verification, you should consult the Agency Advisor for fostering.

The standard letter does not commit you to a follow- up interview but does alert the previous partner that you may contact them to arrange an interview about any points of concern raised.

The standard letter also makes clear that a reference will be treated in the strictest confidence, and will not be shown to the applicant. This general rule should normally be followed. However, there may some exceptions when you wish to, or have to, follow up with applicants certain issues of particular concern raised in the written reference. This does pose a dilemma about considering breaching a pledge of confidentiality made to the previous partner. Before considering such a step, you should consult your manager. You may decide it is necessary to seek legal advice. If you agree that the concerns raised by the previous partner are of sufficient concern to warrant direct discussion with the applicant you should talk further with the previous partner to try to obtain their agreement to you discussing the subject with the applicant. The reason, previously given, of your primary focus being on the welfare of a child who may be placed with the applicant, should be repeated. You should say the concerns raised merit being clarified to see whether the risks posed are too great to consider further assessment or that the issues raised need to be discussed in depth with the applicant to see whether the problems can be overcome. If there are ways of clarifying the issues of concern raised without breaching confidentiality this should be attempted. However, the applicant may be able to ‘work out’ where your new focus of enquiry has come from, especially as they may know the type of issues their previous partner may raise. Therefore, further discussion with a previous partner would be needed before embarking on this course of enquiry. If a previous partner says they do not wish you to directly raise with the applicant the concerns stated in their reference because fear of the repercussions in terms of possible harassment or violence you should further consult your manager, and also the Agency Advisor for fostering and Legal Services if necessary. This possibly rare scenario would cause the assessment to be paused and termination may have to be considered. However, such concerns being raised by a previous partner, which rightly signal a possible reconsideration, have to be verified and weighed carefully with accounts given by the applicant and others.

Consideration of breaching confidentiality as described above is permitted under Article 8 (2) of the Human Rights Act 1998 but is essential that comprehensive recording occurs. In such situations, you should keep a full and accurate record of the issues considered and the reasons for the decision to breach confidentiality and all the steps taken to avoid such a breach. There should also be accurate recording of all conversations with previous partners about such matters. Legal Services also advise that it would be good practice where possible to follow up all conversations by confirming letters. Where a previous partner agrees to the disclosure of information you should obtain that agreement in writing, especially if they were initially hesitant to consent. The reasons for the full recording of the decision making process leading to a breach of confidentiality is to demonstrate that the Human Rights Act dimension has been fully considered, should there be a legal challenge.

Use of Standard Letter to Request a Reference from a Previous Partner (without children)

Though normally reference requests will only go to previous partners with whom an applicant has had a child(ren), you may decide to use Standard Letter to Request a Reference from a Previous Partner (without children) in certain, rare situations as described in the previous section ‘What if an applicant lies or does not tell the truth about a previous relationship?’

If this letter is used, the previous section’s guidance should be followed.

Use of Checklist for Collating Information About and From a Previous Partner With Whom Prospective Foster Carer Had a Significant Relationship

Once you have received a written reference from a previous partner, you may decide that the issues it raises require a follow-up interview. The Checklist for Collating Information About and From A Previous Partner With Whom Prospective Foster Carer Had A Significant Relationship should be used to guide an interview and assist in the completion of a report of your visit to a previous partner. This pro-forma can be used as a ‘ticking off’ checklist or as a basis for your report. The Checklist takes you through areas that should be covered in a reference and in an interview with a previous partner, as follows:

The period and nature of the previous relationship;
The reasons for the breakdown of the relationship;
The nature of any existing relationship;
If there are children of the previous relationship, the current contact arrangements;
The previous partner’s views on the prospective foster carer’s parenting experience and abilities;
Their views on whether the prospective foster carer would abuse or neglect a child placed with them;
Their views on the prospective foster carer’s current relationship with spouse or partner (if prospective foster carer in a couple and if previous partner in a position to comment);
Their views on the prospective foster carer’s relationship with their parents and other significant relatives ( if previous partner in a position to comment);
Any concerns or issues about the prospective foster carer’s application which are not listed elsewhere;
Their views on the prospective foster carer’s particular strengths and positive factors they would bring into a family situation;
Any other relevant points you think should be highlighted for the Fostering Panel from the reference and interview with the previous partner (if it occurred) if not covered elsewhere;
The ‘weight’ you think should be put on the previous partner’s reference and opinions.

Linking With the Assessment of Applicants’ Competences

You should use any evidence given in written references from previous partners and interviews with them to help demonstrate competences. Though any evidence provided would have to be weighed up carefully, it could provide useful supporting statements competences, especially on ‘caring for children’ and ‘providing a safe and caring environment’.

Appendix 1 - Serious Case Review Recommendations

Recommendation 2.1

Staff must be made aware that all adoption and foster care assessments must distinguish clearly between self-reported and independently evidenced information.

Recommendation 2.2

All Children's Services staff who prepare assessment reports should be given practice guidance which states that for all assessments of prospective adopters and foster carers:

A chronology must be compiled of each prospective foster carer showing their early history, educational history, employment history, relationship history and other significant events in chronological order. Gaps in the chronology should be explored, information should be independently verified and any unusual patterns in the history should be investigated;
All information volunteered by the prospective foster carers should be independently verified and corroborated;
Verification must be sought of current employment or student status and of the demands of work/study commitments and their implications for caring for children;
Birth certificates, marital status, residence (ownership or tenancy of home), employment status, proof of income, driving licence (if they indicate they can drive), name and address of next-of-kin, addresses for past ten years should be obtained PLUS AGENCY ADDITIONS of bank statements/investments/mortgage and rent arrears or payments;
Referees should be chosen from a list of at least six people submitted by the prospective foster carers;
Referees should be chosen to reflect different periods of the prospective foster carers’ life – for example, early work experience, early social relationships, current social relationships;
A reference should be always be sought from the current employer or course supervisor;
A standard form for collating information about and from referees should be introduced. References should record length of time they have known the prospective foster carer, their relationship, and it should also be made clear whether the reference relates to one or both members of a couple or partnership;
Referees’ names should be checked against the relevant list for children subject to a child protection plan;
Referees should be obtained separately for each prospective foster carer. It should not be assumed that a referee who knows both members of the partnership is competent to comment on the capabilities of each prospective foster carer equally;
A separate page should be kept in the log file, which records the name, address and relevant information of previous partners and of children of the prospective foster carers. Previous partners from relationships of which there were children, should always be contacted for a reference;
In considering the input of former partners, every effort should be made to verify information. The reason for the breakdown of the relationship should be explored. The nature of the existing relationship between former spouses (e.g. amicable, acrimonious) should be taken into account when evaluating information relating to the prospective foster carer;
Where one of the prospective foster carers has been in a significant relationship and has had parenting experience, a reference should always be obtained from their former partner or spouse. It is vital that when an assessment be undertaken that the assessor remains on gathering evidence to determine the likely competency and adequacy of the parenting abilities of the prospective foster carers given the likely demands that will be made on them of children who have mild to significant difficulties;
When a prospective foster carer has been divorced, the contributory factors to the breakdown of the marriage must be verified. Divorced foster carers must produce original certified copies (available from their solicitor) of papers giving the grounds for divorce;
A check list should be compiled to be kept on the front of the assessment for foster on case file where there can be recorded the significant acquisition of information such as marriage certificates, divorce certificates, police checks, medical information and employment information.

End