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Private Fostering
In the definition provided by the Children Act 1989, a privately fostered child means:
A child, under the age of 16 (under 18 if disabled) who is cared for, or proposed to be cared for, and provided with accommodation by someone other than:
- A parent of his/hers;
- A person who is not a parent of his/hers but who has Parental Responsibility for him/her;
- A close relative of his/hers, i.e. a close relative is an aunt/uncle/step-parent/grandparent/sibling but not a cousin or great-aunt/uncle;
- And she/he has been cared for and accommodated by that person; for 28 days or more; or the period of actual private fostering is less than 28 days but the private foster career intends to privately foster him/her for a period of 28 days or more.
A child is not privately fostered if the person caring for him/her:
- Had done so for a period of less than 28 days;
- Does not intend to do so for any longer than 28 days.
A child who is Looked After by a Local Authority or placed in any residential home, hospital or school is excluded from the definition.
There is a wide variety of reasons why parents seek private foster care for their children. These may include:
- Children living apart from their families due to parental or family problems;
- Teenagers living with a friend, or friend’s parent/carer, where relationships at home have broken down; or
- To complete a stage of education because of a family move;
- Children whose parents are working abroad or in another part of the country or serving in the armed forces;
- Children whose parents come into the country to study or work and find it difficult to care for their own children;
- Children sent to the UK for educational purposes, including those attending language schools, foreign exchanges or sport academies who stay with host families;
- Children attending residential schools who stay with a teacher, or a friend’s parents during the long school holidays;
- Unaccompanied minors who are living with friends, relatives or strangers.
The Local Authority’s Duties and Functions under the Children Act 1989 and Children (Private Arrangements for Fostering) Regulations 2005
The duties of the Local Authority in relation to private fostering are set out in the Children Act 1989, the Children (Private Arrangement for Fostering) Regulations 2005 and, amendments are contained within the Children Act 2004. The National Minimum Standards for Private Fostering 2005 set out a number of standards to be met by all Local Authorities in discharging their duties which cover the following areas:
- Statement of Purpose;
- Notification;
- Safeguarding and promoting welfare;
- Advice and support;
- Monitoring and compliance.
Local Authorities have a duty to satisfy themselves that the welfare of children who are privately fostered in their area is being satisfactorily safeguarded and promoted and to secure that such advice is given to those caring for them as appears to the Authority to be needed (The Children Act 1989 Section 67(1) and Section 44 the Children Act 2004). The Local Authority needs to ensure the following duties and functions are carried out:
Where the Local Authority has received notification under Regulation 3 (The Children (Private Arrangements for Fostering) Regulations 2005) they must arrange for an officer of the Authority within seven working days to:
- Visit the premises where it is proposed that the child will be cared for and accommodated;
- Visit and speak to the proposed private foster carer and to all members of the household;
- Visit and speak to the privately fostered child alone unless the officer considers it inappropriate;
- Speak to and if it is practicable to do so, visit every parent or person with Parental Responsibility for the child; and
- Establish such matters listed in Schedule 2 (2005 Regulations as above) as appear to the officer to be relevant
Where notification is received about a child who is already being privately fostered the duties of the officer remain the same as in section 67(1) of The 1989 Act.
The assessment should include:
- The wishes and feelings of the child or young person about the arrangement;
- The suitability of the private foster carer’s household and their capacity to care for the child or young person;
- That arrangements are in place to meet the child’s health and educational needs;
- That adequate and clear arrangements are in place between the private foster carer and the birth parents covering such areas as contact, financial support, decision making, health care etc.
All privately fostered children will have an Assessment completed following notification of the private fostering arrangement, in order to assess their needs and to ascertain whether they require any additional services to be provided. CPAT will carry out the in Assessment.