Contact: Rosie Smith, 01962 847173 [email protected]

1 Summary

1.1 This report summarises the outcome of the Ofsted inspection into Hampshire's Private Fostering Service which took place in March 2008. In addition, it details the legislative context, i.e. the definition of Private Fostering and the local authority's regulatory responsibilities, so as not to confuse it with the generic term `Fostering', which is a service provided for children who are in the care system.

1.2 The decision to implement the Inspection Report's recommendations will support the County Council's Corporate Aims in improving the quality of the service to privately fostered children, their carers and their families, thus maximising their well-being. It should be noted that the Inspectors judged as `good' the Children's Services Department's monitoring, assessment, and reviewing of private fostering arrangements which they said resulted in making these arrangements more safe and secure for all privately fostered children in Hampshire.

2 Recommendations:

That the Executive Member for Children & Families:

1. Approves the action plan which responds to the stated good practice recommendations in the Ofsted Private Fostering Inspection report.

3 Definition of Private Fostering

3.1 Private Fostering describes a situation where a child's parents have made arrangements for their child( age up to 16 or 18 if the child is disabled) to be looked after for 28 days or more by a person who is not a close relative of the child. The definition of a close relative is either a grandparent, aunt, uncle, sibling or step-parent.( Children Act 2004 Section 105 ) Parents retain parental responsibility for the child for the duration of the private fostering arrangement .

3.2 A child can be privately fostered, when, for example are parents who live overseas, or parents who may be living, studying or working in another part of the UK , make arrangements for their child to be cared for by someone other than a close relative.. Other private fostering situations can be in circumstances where, for example, a teenager may have fallen out with their family and has gone to stay with a friend's family or children who have come to the United Kingdom (UK) for a period of study, or children in UK boarding schools who cannot go to stay with their parents during long school holidays. Asylum-seeking children or trafficked children can also be in private fostering arrangements.

4 Local Authority's Legal Duties

4.1 Since 2005, following the tragic death of Victoria Climbie, who was a privately fostered child, the Government has advised local authorities to become more aware of private fostering arrangements in their communities and to ensure that these arrangements are notified to Children's Services Departments on the basis that these children are living away from their parents and may be in vulnerable situations.

4.2 In the Children's and Young People's Bill 2007, the Government has up-dated the private fostering `sunset clause' which now states that local authorities have until 2010 to achieve an increase in notifications of privately fostered children. If this increase is not demonstrated , then the regulatory process will be strengthened and it will become mandatory for local authorities to register every private foster carer in their areas.

4.3 The Department for Children, Schools and Families (DCSF) monitors local authorities' performance to ensure that they are complying with Private Fostering legislation (The Children Act 1989, Part IX,SS 67- 70, and Schedules 7 & 8, as amended by the Children Act 2004), The Children ( Private Arrangements for Fostering ) Regulations 2005 , The National Minimum Standards for Private Fostering 2005 and the Replacement Guidance Children Act 1989 for Private Fostering ( issued in 2006). Ofsted now also inspect every local authority's Private Fostering arrangements and service provision, alongside the inspection of the local authority's mainstream Fostering Service.

4.4 The Children Act 2004 says that parents and the private foster carer should immediately inform their Local Authority when private fostering arrangements are being planned and the LA must then visit all parties concerned within 7 days to check that all arrangements will safeguard the welfare of the child. The Local Authority carries out further assessments of the child's needs and the private foster carer's capacity to meet these needs, including Criminal Record Bureau (CRB) checks for all in the carers household over the age of 18.

4.5 The child's social worker must visit the child, at minimum, once every 6 weeks in the first year of placement and thereafter once every 3 months. In Hampshire we have also made the decision to carry out a Core Assessment for every privately fostered child and to review annually every child in private foster care.

4.6 Parents retain parental responsibility for their child when he/she is being privately fostered and they must make the necessary financial arrangements for the child's care.

4.7. As at 5 June 2008 Hampshire Children's Services Department is aware of, and working with, 11 privately fostered children.

5 Private Fostering Inspection: Context

5.1 Hampshire's Children's Services Department's arrangements with regard to Private Fostering were inspected by Ofsted on the 14^th March 2008. The purpose of the Inspection is to inform children and young people, parents, the public, local authorities and government of the quality and standard of service provided. Judgements in the report are rated on a scale of four grades (Outstanding, Good, Satisfactory and Inadequate) which are in line with all local authority service inspections.

5.2 As this was the first Ofsted inspection of Private Fostering in Hampshire, a judgement at the highest rating, i.e. `Outstanding' could not be applied to any of the areas of work inspected. This applies to all local authorities whereby services are inspected for the first time and is on the basis that this grading is only ever achieved for sustained excellent practice. The highest grade that could be given therefore is `Good'.

5.3 The private fostering inspection was conducted under two headings: `Protecting Children from Harm or Neglect and Helping them Stay Safe' and `Organisation'.

5.4 The Inspectors' judgements were made in relation to how Children's Services performs against legislation and National Minimum Standards and guidance detailed in paragraph 4.2.

6. Summary of Inspection Outcome

6.1 The overall rating for Hampshire's Private Fostering Service is `Good'.

6.2 Ratings granted in relation to the two areas inspected (see 6.2) are `Good'.

6.3 The Inspectors identified that there are good systems in place to meet the Standards and keep young people safe. These include clear procedures, thorough assessment of suitability of arrangements, annual reviews and regular monitoring of files and practice.

6.4 They also reported that a wide range of methods have been used to raise awareness of private fostering with the general public and with professionals. The numbers of notified arrangements are low (15 at the time of the inspection), so plans have been made to continue the awareness raising campaign.

6.5 In addition, it was observed that there are clear decision-making processes, following assessment, that ensure the welfare of young people is properly considered.

6.6 Support to carers, parents and young people was described as being good.

6.7 There were no requirements imposed as a result of this Inspection.

6.8 However, to develop services further the Inspectors identified some Good Practice Recommendations, as follows:

· Ensure information is available to all staff clarifying the definition of private fostering and the notification requirements;

· Ensure that parents and carers of the child/young person are informed in writing of the decision made regarding the suitability of the arrangements;

· Provide privately fostered young people with information about the advice and assistance available locally to young people regarding healthy lifestyles.

6.9 The action plan formulated to respond to the above recommendations is detailed in Appendix 1 of the report.

7. Consultation

7.1 Consultation with a range of stakeholders, including carers and children who are privately fostered, is an integral part of the private fostering inspection. Views about the service are incorporated into the overall process and judgements awarded take these views into account.

8. Legal implications

None

9. Financial implications

None

10. Personnel implications

None

11. Impact assessment

Race and equality impact assessment has been considered in the development of this report and no adverse impact has been identified. One aim of the assessment process and ongoing monitoring carried out by the Department into Private Fostering Arrangements, is to ensure that a child's needs arising out of race, religion, culture and language are being met by the private foster carer.

12. Crime prevention issues

Not applicable

13. Views of the Local County Councillor

Not applicable

14 Conclusion (no recommendations here)

Text

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

NB: the list excludes

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act.

None

Appendix 1

Ofsted Inspection of Hampshire's Private Fostering Service (March 2008)