Private Fostering
WHAT IS PRIVATE FOSTERING?
Under section 66 of the children act 1989 private fostering is when a child lives with an individual for more than 28 days who is not the child’s parent(s), relative or has parental responsibility for the child.
Under section 105 of the children act 1989 a relative is classified as siblings, step parents, grandparents, aunts and uncles. The private foster carer however can be an extended family member such as a cousin.
The private foster care has to be for more than 28 days as stated above and continuous. If there is an occasional break it can be for no more than 27 days.
LINK TO THE GOVERNMENT WEBPAGE FOR SECTION 66 OF THE CHILDREN ACT 1989
LINK TO THE GOVERNMENT WEBPAGE FOR SECTION 105 OF THE CHILDREN ACT 1989
HOW OLD DOES A CHILD HAVE TO BE, TO BE PRIVATELY FOSTERED?
A child under the age of 16 years can be privately fostered.
A child with a disability under the age of 18 years can be privately fostered.
DOES A PRIVATE FOSTER CARER GET PARENTAL RESPONSIBILITY FOR THE CHILD?
The private foster carer will not have parental responsibility for the child they foster. They can only make general day to day decisions for the child.
The parental responsibility will remain with the parents and/or the individual(s) who have parental responsibility.
WHAT DOES A PRIVATE FOSTER CARER HAVE TO DO TO GET PARENTAL RESPONSIBILITY FOR A CHILD?
There are 3 ways a private foster carer can get parental responsibility for a child they are looking after:
1. Apply for adoption
LINK TO OUR L.I.P HELP GUIDE FOR DOMESTIC CHILD ADOPTION
LINK TO OUR L.I.P HELP GUIDE FOR INTERCOUNTRY CHILD ADOPTION
2. Apply for special guardianship
LINK TO OUR L.I.P HELP GUIDE FOR SPECIAL GUARDIANSHIP
3. Apply for a child arrangements order.
LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENTS & PROCEEDINGS
Parental responsibility will allow a private foster carer to apply for a passport for a child, make decisions about the child’s schooling, medical treatment and look after the child’s finances.
DOES THE LOCAL AUTHORITY HAVE TO BE INFORMED WHEN A CHILD GOES TO LIVE WITH AN INDIVIDUAL FOR MORE THAN 28 DAYS WHO IS NOT THEIR PARENT, RELATIVE OR HAS PARENTAL RESPONSIBILITY FOR THEM?
The answer is yes. The local authority has to make sure the child is safe where they are living.
WHO HAS TO NOTIFY THE LOCAL AUTHORITY?
The private foster carer/individual the child will live with must inform the local authority. This must be done 6 weeks prior to the child moving in with the private foster carer.
It is also the responsibility of the parents of the child or any person with parental responsibility to inform the local authority if they are aware of or sorting out the private fostering.
WHAT INFORMATION MUST THE INDIVIDUAL NOTIFYING THE LOCAL AUTHORITY PROVIDE?
When notifying the local authority of a proposed private fostering, the following information should be forwarded to the local authority:
- The personal details and contact details of the person informing the local authority
- The personal details and contact details of the proposed private foster carer if this person is not the person informing the local authority.
- Any criminal convictions of the proposed private foster carer
- Date when the fostering should start.
- The personal details of the child (date of birth, sex, name, religion, ethnicity)
- The details of the child’s parents
- Details of the child’s education and where they are studying
- Details of the child’s health, any disabilities, special educational needs and medical issues and needs.
- The details of any previous foster carers for the child
- Details of any court orders with regards to the child.
WHAT WILL THE LOCAL AUTHORITY DO ONCE THEY ARE NOTIFIED OF A PROPOSED PRIVATE FOSTERING?
A social worker from the local authority will conduct some checks within 7 days. These checks will include a visit to the proposed private foster carers home where the child will live and meet and speak with the proposed private foster carer and their family.
The social worker will need to ascertain how the child will be financially supported, who will contribute towards the child’s financial expenses and will any educational arrangements made be suitable.
The same social worker will meet and speak with the child to determine whether it is what the child wants. They will also try to meet with the child’s parents or individuals with parental responsibility.
The social worker will write a report about all their findings. From this report the local authority will either agree to the fostering or ask the child to return to his/her parents or to the individual with parental responsibility. If the child cannot return to their parents then the local authority will provide alternative accommodation.
IF THE LOCAL AUTHORITY AGREES WITH THE PRIVATE FOSTERING THEN WILL THE SOCIAL WORKER KEEP IN TOUCH WITH THE PRIVATE FOSTER CARER AND THE CHILD?
Yes they will. The social worker will visit the home of the private foster carer and child every 6 weeks during the first year of the fostering. The social worker will visit every 12 weeks during the second year of the fostering.
WILL THE SOCIAL WORKER VISIT THE PARENTS OF THE CHILD IF THEY REQUEST IT?
Yes the social worker will.
WILL THE SOCIAL WORKER SPEAK TO THE CHILD ALONE IF THE CHILD REQUESTS IT?
Yes the social worker will.
WILL THE PRIVATE FOSTER CARER NEED TO UPDATE THE LOCAL AUTHORITY ON ANY CHANGES?
Yes the private foster carer must inform the local authority of any change in contact details, change of address or any other circumstance.
WILL THE LOCAL AUTHORITY PROVIDE ASSISTANCE TO THE PRIVATE FOSTER CARER?
Yes they can. The social worker will explain what benefits (housing benefit, child benefit, child tax credit) the private foster carer can claim and if there is any other financial assistance available from the local authority.
When providing other assistance the local authority will take into consideration whether the child is disabled, has medical needs or has special educational needs.
WHO IS LEGALLY FINANCIALLY RESPONSIBLE FOR THE CHILD?
The parents of the child or the individual with parental responsibility are financially responsible for the costs of the child.
SHOULD THE PRIVATE FOSTER CARER INFORM THE LOCAL AUTHORITY WHEN THEY CEASE TO BE A PRIVATE FOSTER CARER FOR THE CHILD?
Yes they must notify the local authority within 48 hours by e-mail or letter. They must also forward details of where the child will be staying.