What Happens if an Allegation is Made Against Me or My Family?
Standards and Regulations
The Fostering Services (England) Regulations 2011
Fostering Services National Minimum Standards:
Training, Support and Development Standards for Foster Care:
- Standard 2 - Understand your role as a foster carer.
- Standard 6 - Keep children and young people safe from harm.
1. Introduction
Occasionally allegations and complaints are made against foster carers or those in their family. Obviously this can be a difficult and distressing situation.
When a child is placed with you, their social worker will provide you with all relevant information needed to keep them safe, including details of any abuse or neglect they have experienced, and/or previous allegations made by the child.
All foster carers will receive training and guidance on how to provide a safe home environment for any children in their care and all other members of the foster family. You will also be provided with information on how to access the relevant Bracknell Forest Multi-Agency Safeguarding Arrangements Procedures. It is important that, on an on-going basis, you record any incidents or concerns involving children in your care and any complaints made by the child or their family as they can provide important evidence if an allegation is made.
2. Ways in which you can Manage Risks
- Ensure that you carefully consider the referring information from the social worker, and seek additional clarity if needed from the practitioner who accompanies the child during the initial visit or introduction;
- Sometimes, concerns about a child will not be fully appreciated until more in-depth assessment is undertaken. Be prepared to raise any queries that you, as a foster carer, have at the Placement Planning Meeting (which should be held during the first 5 working days of the initial placement) or before if required;
- Keep a daily record of any concerns or incidents which occur;
- Be clear on 'house rules' and expectations around behaviour and ensure all members of the household are aware of these;
- Develop your own Safer Caring Plan to keep everyone safe, this should consider who in the household may be vulnerable to allegations;
- Follow the training you have received and access support from your Supervising Social Worker;
- Make sure you have appropriate insurance cover;
- When needed, or if you feel unsure, approach your Supervising Social Worker to ask for advice and guidance in a timely way on any concerns you may have; and
- Work closely with other professionals, taking on board any practice advice or information provided. It is important you also share this with your Supervising Social Worker.
3. What Happens if an Allegation Is Made
If an allegation is made against you or a member of your family you will be notified verbally and in writing.
Support should be given both to the child making the allegation and the person who is the subject of the allegation. The Fostering Service should makes sensitive and carefully assessed decisions if children need to be removed from you.
When allegations are made it is important that you feel supported and seek advice around the process and advice around where you should get support. It can be a difficult and worrying time for you as a foster carer.
The allegation will be investigated quickly, fairly and confidentially in line with the Multi-Agency Safeguarding Children Procedures (see Pan Berks Allegations Procedure). All investigations into allegations are overseen by the Local Authority Designated Officer (LADO) who will coordinate and oversee allegations, and monitor the progress of cases to ensure they are dealt with as quickly as possible consistent with a fair process.
Where there are concerns that a child has suffered significant harm, a multi agency Strategy Meeting will be called within 2 working days of the allegation being made or received to decide whether an investigation by Children’s Social Care Services and / or the Police is required and if so, how it will be carried out. Ofsted will need to be informed of all allegations (see: Significant Events and Notifications - When I need to tell other people about things Procedure) and they will be invited to send a representative to any Strategy Meeting. Your Supervising Social Worker will also attend.
Any Strategy Meeting will also consider whether, due to the nature of the allegation, your own children should be considered as part of a Child Protection Conference.
You will be given the chance to respond to the allegation before a final decision is made about what action to take. Your views and opinions will be sought in any Assessment undertaken by the social worker dealing with the allegation.
The minutes of the Strategy Meeting and any relevant information will be held on your record. In some situations depending on the seriousness and nature of any allegation, the local authority may look for a new placement for the child and a decision may be made not to place any other children during the investigation and until there is an outcome to the investigation.
Your Supervising Social Worker will not be able to discuss all the details of the allegation with you during the investigation.
The fostering service provider will make sure you have information on the following:
- How you will be supported whilst you are under investigation, including local arrangements for payments;
- The address and contact telephone number of the independent agency who can provide you with support during the investigation;
- Insurance arrangements for legal expenses.
Sometimes a child living with foster carers might make a false allegation of abuse. Possible reasons for this can include:
- Misinterpreting an otherwise innocent action;
- To bring attention to past or non recent abuse for the first time and because you or someone in the household is trusted;
- As a way to have some control over their life which may seem out of control;
- To express some anger or frustration (albeit inappropriately);
- To bring an end to a foster placement.
In such situations, you should work alongside the child’s allocated social worker to identify any additional support which could be provided to the child.
The outcome of the investigation into the allegation may:
- Recommend that the child is transferred to another placement on a short term or permanent basis;
- Ask that a member of your household resides elsewhere, at least on a temporary basis. (Note that this will not include your child);
- Identify additional training needs for you;
- Recommend that the Fostering Panel considers your approval category or considers your suitability to continue as a foster carer (see: Reviewing My Approval and Appeals Procedure).
If a child or other person tells you about any concerns they have in relation to another person, you should inform your Supervising Social Worker or the child’s social worker as soon as possible or within 24 hours. If you are concerned that the child is at immediate risk of harm, always contact the Police.
It is important to note that, although there may be insufficient evidence to support a Police prosecution in some cases, this does not mean that action cannot be taken to protect a child and the possible termination of your approval could be considered.
4. Standards of Care Concerns
Some allegations and concerns will be reviewed by the Local Authority Designated Officer (LADO) as not meeting threshold and in those instances a Standards of Care investigation will be undertaken instead of the procedure to investigate an allegation.
Please also see Standards of Care Concerns Policy and Template.
This will start with either a visit to yourselves with a manger from the Family Placement Team or a meeting with yourself, your supervising social worker, child’s social worker and a Family Placement Team Manager. This will be explained to you at the time. The Standards of Care Investigation template will be used in both scenarios and you will receive a copy of this when completed.
If there have been 3 or more Standards of Care concerns raised about you within 1 year then this will automatically be a meeting to ensure that all information and support is available.
Some of the outcomes from a Standards of Care investigation could be additional or specific training, additional support as well as to be presented to Foster Panel. This is not an exhaustive list but gives some examples.
5. Dealing with Any Change of Status
See also: Reviewing My Approval and Appeals Procedure.
If, as a result of the investigation into any allegation, the Fostering Agency identifies that you should no longer be a foster carer, or seeks to change your category of approval, and you are unhappy with this, you can challenge this decision by making a representation in writing within 28 days to the fostering service provider or the Independent Review Mechanism (IRM) (see: Information about the IRM for Foster Carers).
6. Support Available
Being subject to a complaint or a concern can be an extremely stressful sequence of events which may leave you experiencing high levels of anxiety and stress. You may also feel aggrieved about being accused. These responses will not be interpreted as indicators of culpability. When you are first informed that a complaint, concern or allegation has been made against you, you will be informed of your rights to support and representation and how to access legal advice.
All Foster Carers with Bracknell Forest Council are members of the Fostering Network. They are able to offer independent support and advice as well as legal advice. They can also provide independent social workers to support you to attend Foster Panel.
Bracknell Forest Council also has a Foster Carers Association that are able to provide you with emotional support during this time.