What Decisions Can I Make?

See also: City of York Children’s Services Manual – Procedure for Delegation of Authority to Foster Carers and Residential Workers and the Delegated Authority Handbook.

Introduction

Delegated authority is the term used when responsibility for making day to day decisions about a child/young person in your care is passed to you. Poor planning around delegation of authority can delay decision-making and lead to Looked After Children missing out on opportunities that enable them to experience a fulfilled childhood and feel part of the daily life of the foster home.

When deciding who should have authority to take particular decisions, the most appropriate exercise of decision-making powers will depend, in part, on the long term plan for the child, as set out in the child’s Permanence Plan. For example:

• Where the plan is for the child to return home, the child’s parents should have a significant role in decision-making;
• Where the plan is for long term foster care/Fostering for Adoption, you should normally have a significant say in the majority of decisions about the child’s care, including longer term decisions such as which school the child will attend.

Whatever the Permanence Plan, you should have delegated authority to take day-to-day parenting decisions. This will enable you to provide the best possible care for the child.

An officer of the local authority such as a social worker can pass the delegated authorities onto you if they have an Emergency Protection Order or a Care Order. If they don’t have an order the only person that can pass the delegated authorities on is the person with Parental Responsibility which is usually the parent.

It is the social worker's responsibility to work with parents and ensure there is clarity about what decisions you can make. The Placement Planning meeting which is held when a child is placed you should clearly state what decisions you can make about everyday life.

The views of the child should also be considered. In some cases a child will be of sufficient age and understanding to make decisions themselves. For example, when they want to stay with a friend, use social media and make decisions around education. It may be decided that they should be allowed to make these kinds of decisions themselves

You can make a decision as any good parent would about whether this is safe and appropriate. All decisions to delegate authority should be recorded in the Placement Plan.

Clear arrangements for the delegation of authority to foster carers helps in the following ways:

• Reduces delays in decisions being made;
• Reduces the emotional stress delays can cause to the child/young person;
• Reduces the stress for you and your family;
• Acknowledges you as a professional and part of a team working with the child;
• Normalises the child/young person’s experience of being in foster care;
• Better use of resources and people’s time.

The law says that the person who has care of the child (you) can do what is reasonable in all circumstances for the purpose of safeguarding and promoting the child’s welfare. This means in an emergency if no agreement has been made about what to do, you should do what is reasonable.

If the young person is 16 there are some things that they can give consent to in their own right. Young people aged 16/17 years are generally able to give their own consent to medical treatment. Younger children may also be able to consent if they are of sufficient age and understanding. This will be for medical professionals to decide, depending on the individual circumstances. They can also consent to their own Care Plan if there is no court order.

Delegated authorities should be consistently monitored in case there is a need for change and discussed at the child’s review or with the child’s social worker if the decision needs to be taken quickly.