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Contents

1. Introduction
2. Principles
3. Initial Response
4. Actions
5. Post Investigation
6. Recording

1. Introduction

Standards of care are achieved through high standards of practice in recruitment, preparation, training, support, supervision and review. Any perceived fall in standards of care should be identified quickly by Supervising Social Workers and addressed in supervision. Support should be provided to raise the standard of care to an acceptable level. In certain circumstances, issues about standards of care, including potential child protection issues, will constitute a breach of the Brighton and Hove City Council Foster Care Agreement. This procedure covers those circumstances.

Concerns regarding standards of care, complaints or child protection allegations regarding foster carers are dealt with under one or more of the following procedures:

1. Standards of Care Procedures in relation to Approved Foster Carers;
2. Complaints Procedure - To Follow;
3. Pan Sussex Safeguarding Children Board Child Protection and Safeguarding Procedures. See Child Protection Referrals Procedure.

This Standards of Care Procedure applies to situations where the quality standards outlined in the Brighton and Hove City Council Foster Care Agreement are breached. Concern expressed in direct relation to the conduct, attitude and practices of a carer are investigated under this procedure. It applies to a wide range of concerns, which may include the emotional and physical care of children, working with birth parents or discriminatory attitudes or behaviour. Minor concerns should be resolved in consultation with the Supervising Social Worker and the foster carer. Standards of care procedures should only be invoked if it is not possible to resolve minor concerns at this first stage.

Any child protection concerns regarding a foster carer’s (s) care of their own birth children must be dealt with under the Pan Sussex Safeguarding Children Board Child Protection and Safeguarding Procedures. If an investigation under these Procedures clarifies that there are no child protection concerns but does raise standards of care issues regarding the foster carer’s own children, the Standards of Care Procedure should be invoked. How a foster carer cares for their own children clearly has implications for the care of Looked After children in a foster placement.

The Brighton and Hove City Council Complaints Procedure is available to any young person or parent wishing to make representation or complaints. The Complaints Procedure can be used alone or in conjunction with the Standards of Care and Child Protection and Safeguarding Procedures.

The Child Protection and Safeguarding Procedures apply to situations where an allegation of Neglect or abuse by a foster carer or a member of the foster carer’s household has been made. The decision whether a concern comes under the Child Protection and Safeguarding Procedures is made by the Service Manager with responsibility for the child in placement in consultation with the Service Manager in the Fostering Service. At any point it is decided that Child Protection and Safeguarding Procedures are not appropriate, the matter may be dealt with under the Standards of Care or Complaints Procedures (see Complaints Procedure - To Follow). Child protection issues take precedence.

2. Principles

Complaints by or on behalf of a child looked after by Brighton and Hove City Council are always taken seriously. The overriding principle in the application of this procedure is that the needs of the child are paramount. Children making complaints have access to the Youth, Advocacy & Participation Service.

Complaints and concerns expressed against foster carers are an inevitable result of the increasingly complex and sensitive work carers are required to undertake. When concerns are expressed the department is obliged to investigate. It is recognised that this process can be uncomfortable for carers, though the clarification arising from investigation can also be beneficial to carers, especially if misunderstandings are resolved through improved communication. Staff aim to carry out investigations sensitively, openly and honestly to the Brighton and Hove City Council also respects the rights and interests of its carers. When a complaint, verbal or written, is made, the department will:

• Contact carers to inform them that concerns have been expressed regarding the quality of care provided. The carer will be told the substance of the complaint;
• The investigation will be carried out by a competent and experienced worker;
• The carer will receive support, whilst the investigation into the complaint is carried out and once the findings have been reported;
• Carers will be advised throughout the process of investigation by their Supervising Social Worker. In exceptional circumstances, the department may agree that support and advice should be provided in some other way;
• Foster carers at all times retain the right to seek independent advice on their own behalf;
• The department pays for all its carers to be members of the Fostering Network. Membership of the Fostering Network gives access to a free legal advice and expenses scheme. Carers can also access the helpline of an independent support service who have a contract with the department;
• Foster carers must be informed on how they will be supported and paid whilst they are under investigation.

At the end of the standards of care procedures process foster carers will receive a copy of the details in writing of all decisions made and actions taken.

• The department will confirm its actions, decisions and outcomes in writing to all parties, including carers;
• Foster carers will be able to have access to records held about them under Brighton and Hove’s policy on access to files, subject to them not normally having access to any confidential third party information unless permission has been obtained from the person(s) concerned;
• Foster carers will be able to record their own views about any complaint or its investigations and have these records placed on their file.

3. Initial Response

When concerns are expressed about the standards of care provided by a foster carer, the information must be shared as soon as practicable with the following:

• Carer’s Supervising Social Worker;
• Practice Manager and Service Manager (Fostering, Permanence, Leaving Care);
• Child’s/young person’s social worker;
• Practice Manager and Service Manager of child’s or young person’s social worker.

It is the decision of the Service Manager (fieldwork) or the Service Manager (Leaving Care Service) in consultation with the appropriate Area Manager whether the concern constitutes a child protection matter. The Service Manager (Leaving Care Team) and the appropriate Area Manager make such a decision jointly in order for there not to be a conflict of interest in view of the former’s responsibility for the supported lodgings scheme. The Practice Manager (Fostering, Permanence, Leaving Care) decides whether the concern can be dealt with under normal supervision or whether it should be investigated more formally under this Standards of Care Procedure.

When the concern is to be investigated under this procedure, the Practice Manager (Fostering, Permanence, Leaving Care) is responsible for ensuring the following steps take place within 28 days:

• When the concern has been made verbally, the person expressing concern must put their concerns in writing within 3 working days to the relevant Practice Manager (not at this stage the foster carer whom concern has been expressed about) in order to proceed with the Standard of Care Procedures;
• A planning discussion and, where necessary, a planning meeting must be held, involving the Practice Manager (Fostering, Permanence, Leaving Care or Youth Offending), the Supervising Social Worker, the child’s social worker and their Line Manager if appropriate. If a planning meeting is held it is chaired by the Practice Manager (Fostering, Permanence, Leaving Care);
• The planning meeting should agree a plan of action and the process for informing the carers of the concerns;
• Information about the standard of care concerns is gathered from relevant sources and collated jointly by the Supervising Social Worker and the child’s social worker;
• A joint visit is made to the Carers by the Supervising social worker and child’s social worker to explain the concerns and seek clarification;
• The outcome of this visit is fed back to the Practice Manager (Fostering, Permanence, Leaving Care) and to the Practice Manager (Fieldwork) who make a joint decision on the appropriate actions to be taken. The Service Manager (Fostering, Permanence, Leaving Care or Youth Offending) and the Service Manager (Fieldwork) are informed about the Practice Managers’ joint decision.

4. Actions

The following actions are available and may include a combination of the following:

• In cases where there is no substance to the concern or the issue has already been addressed - No further action;
• In cases where there is some substance to the concern but the issues can be dealt with in supervision. Further discussion with the Carers recorded in supervision notes. This option could include the Practice Manager in a joint visit;
• In cases where there is significant substance to the concern but the issues can be dealt with in training - The development of a specific training and development programme to address the concerns. The Fostering or Permanence Panels should also be informed as they may wish to advise or require action to be taken;
• In cases where the concerns may affect registration - Bring forward the carer’s annual review with a report and specific recommendations to the Fostering or Permanence Panels. It may sometimes be appropriate to ask an Independent Reviewing Officer who has not been previously involved to chair to chair such a review;
• In cases where the nature of the concerns warrants consideration of Child Protection and Safeguarding Procedures - referral to the relevant fieldwork Service Manager for a decision within 48 hours.

he Fostering or Permanence Panel should be notified as soon as possible with a detailed report presented to a subsequent Panel meeting.

5. Post Investigation

Serious complaints about a foster Carer approved by the Brighton and Hove City Council Fostering and Adoption Agency must be notified to the Regulatory Authority.

A serious complaint refers to a breach of the quality standards outlined in Brighton and Hove’s Foster Care Agreement, in particular where the welfare, health and safety of the child may have been seriously breached.

The decision whether the complaint is serious under the terms of Regulation 12 and notified to the Regulatory Authority must be made by the Service Manager (Fostering, Permanence, Leaving Care) in consultation with the appropriate Head of Service (Adoption & Fostering) and appropriate Area Manager. In this case, the Supervising Social Worker must record the nature of the complaint, the action taken and the outcome using the Serious Complaint Form. Copies of the Form must be sent within 28 days of the complaint being received to:

• Service Managers (Fostering, Permanence, Leaving Care and appropriate fieldwork Manager);
• The Regulatory Authority;
• A copy of the Form must be placed on the foster carer’s file and sent to the Head of Service, Fostering & Adoption.

Statistics on the use of Standards of Care procedures and on complaints and allegations made should be collated and included in the annual fostering service report to the Children, Families and Schools Committee, along with the statement of purpose.

6. Recording

In those instances where the concerns are not deemed serious under Regulation 12, the outcome of the investigation, and any action to be taken, must be recorded on the carer’s file and communicated in writing to all parties, including carers, within 28 days of the complaint being investigated. A log sheet at the front of the carer’s file also records complaints made and the outcome of investigations.

End