Managing Allegation and Suspicions of Harm Policy

All children should be protected from harm, particularly those who are receiving services from statutory or other Agencies. For this reason, enquiries and investigations relating to children receiving any of these services, should be dealt with under the Local Safeguarding Children Board's Inter-Agency Procedures. Allegations will be responded to in a way that provides effective protection and support for children and the person making the allegation, whilst at the same time supporting the person who is the subject of an allegation. 

Allegations or suspicions that a foster carer has caused significant harm to a child will be investigated thoroughly, speedily and sensitively and will involve open and honest communication. It is important to note that, although there may be insufficient evidence to support a Police prosecution, it does not mean that action cannot be taken to protect a child, or that the termination of a foster carer’s approval cannot be considered.

Due to the nature of fostering, the welfare and safeguarding of children is a priority.  Many children who are placed with foster carers will have experienced abuse and neglect.  Due to the children’s adverse childhood experiences, they may display behaviours that can sometimes put foster carers at risk of facing allegations at some time during their fostering career.

If any allegation is made, an investigation must be commenced in line with the Fostering Services Safeguarding Policy and the Local Authority’s Safeguarding Board’s Policy to ensure the safety of the child in question.  Although this is a necessary process, it can put the foster carers under considerable emotional strain.

Complaints about the standard of care provided by a carer will be dealt with under the Standards of Care Policy. If the allegation comes about due to whistleblowing, please refer to the Whistle Blowing Policy. It may be necessary during an investigation to determine what action, if any, should be taken regarding other children living with the carer, including their own children.

The expectation at the time of a child's placement is that foster carers will be given detailed information on the child's background, and any past abusive experiences or previous allegations made by the child. However, it should be considered that when a placement is being made, the full details of the child’s past and current experiences and behaviour may not be known. All foster carers will receive preparation, training and guidance to help them provide a safer caring environment for the child placed with them. Foster carers will also be reminded of the Safeguarding Children Policy and the process for managing allegations against carers during their supervision meetings with their Supervising Social Worker.

At all times during the placement foster carers will need to make records of the child’s progress, including details of any incidents or complaints. The procedures are in place to protect all those involved in the child's placement and the records kept by carers can provide important evidence if an allegation is made.

In addition, it is an expectation of the Fostering National Minimum Standards 2011 that a Senior Manager within the Fostering Service is identified to be the Designated Person who will liaise with the LADO in all cases to which this procedure applies, and manages the allegations process. The Designated Persons for the Fostering Service is the appropriate Team Manager which is either the Team Manager Fostering or the Team Manager Kinship & Private Fostering.

The role of the Designated Person is to liaise with the Local Authority Designated Officer (LADO) in relation to any allegation or concern relating to carers approved by the fostering service.

It might not be clear whether an incident constitutes an 'allegation'. It is important to remember that to be an allegation the alleged incident has to be sufficiently serious as to suggest that harm has or may have been caused to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above).

Concerns that do not meet this threshold may constitute conduct or disciplinary issues and should be addressed using the appropriate organisational procedures.

Incidents which fall short of the threshold could include an accusation that is made second or third hand and the facts are not clear, or the individual alleged to have done this was not there at the time; or there is confusion about the account.

If it is difficult to determine the level of risk associated with an incident the following should be considered:

• Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
• Where the incident involved an inappropriate response to challenging behaviour, had the adopter had training in managing this?
• Does the adopter that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
• Does the child or family want to report the incident to the police or would they prefer the matter to be dealt with by the local authority?
• Have similar allegations previously been made against the individual – is there a pattern developing?

Whether an incident constitutes an allegation and hence needs to be dealt with through these procedures, may need to be discussed with the LADO. Keeping Children Safe in Education (KCSIE), Part 4, Section 2 provides guidance for schools and colleges, which may be of wider interest when considering low-level concerns. Legal advice should be sought as necessary.

KCSIE provides that if there is any doubt as to whether the information which has been shared about an adopter/prospective adopter as a low-level concern in fact meets the harm threshold and thus should be treated as an allegation, the LADO should be consulted.

If it falls short of this threshold there may still be a role for the LADO to provide advice and support. Such a consultation process may allow for concerns to be evaluated objectively and to ascertain whether or not similar concerns may have been raised previously but not met the threshold for investigation. Whilst the LADO will only record the details of those allegations which appear to meet the threshold for consideration set out above, a record should be kept of any low level concern that arise in respect of a foster carer.

KCSIE provides that records should be reviewed so that potential patterns of concerning, inappropriate, problematic or concerning behaviour can be identified. Where a pattern of such behaviour is identified, a course of action should be decided upon, either through disciplinary procedures or where a pattern of behaviour moves from a low-level concern to meeting the harm threshold, it should be referred to the LADO. Records must be held securely and comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). It is recommended that records are retained at least until the individual leaves their employment.

More detailed guidance and case studies on low-level concerns can be found in Developing and Implementing a Low-level Concerns Policy (Farrer & Co.).

Where the matter constitutes a conduct or performance issue, the Manager should follow the appropriate disciplinary procedures and let the LADO know of the outcome.

The Designated Person must be informed immediately if there are any allegations or concerns that a foster carer has:

• Behaved in a way that has or may harm a child;
• May have committed a criminal offence against or relating to a child;
• Behaved towards a child or children in a way that indicates they are unsuitable to work with children.

If the allegations or concerns relate to a foster carer, the Designated Person must immediately:

• Inform the Placement Manager to ensure that no children are placed until the enquiry is complete;
• Inform the child’s Social Worker or in their absence, the Social Worker’s Line Manager.

The Designated Person must follow Doncaster Procedures – Allegations against Foster carers and Doncaster SCP Allegations Management Procedures. A clear and comprehensive summary of the allegation should be made, including details of the circumstances in which the allegation was made and how it has been dealt with. 

A different route may be identified as more appropriate at this stage, for example, exploring the concerns through the complaints process. This may be considered as an alternative to a Section 47 Enquiry. Such decisions must be made in conjunction with the LADO. 

At this stage, the Regulatory Authority (Ofsted) must be informed of the allegation/suspicion of harm and any action taken. If a Strategy Meeting is to be convened, the Designated Person must ensure they are invited. In exceptional cases, where immediate action may be necessary to safeguard the welfare of the child, the child's Social Worker and the Line Manager may decide to request a new placement for the child in question, and any other children in the household. 

The purpose of the meeting will be to decide if a Section 47 Enquiry and/or criminal investigation is necessary and, if so, how it should be carried out. The meeting will also consider if the LADO threshold for a referral has been met. The following people will be invited to the meeting:

• The Manager of the team undertaking the Section 47 Enquiry and the child’s social worker;
• The Local Authority Designated Officer (LADO);
• The Designated Person - Fostering Service;
• The Supervising Social Worker allocated to the foster carer
• The Police;
• Any other Agency involved with the child or foster family.

The Meeting must consider:

• The nature of the allegation, its source and reliability
• Background information relating to the foster family and how long the family has been known, how many children have been placed, the family's known strengths and vulnerabilities and any exceptional features about the child or the placement;
• The involvement of other Agencies;
• The need to inform all children’s social workers for children placed in the foster home;
• A referral to the Disclosure and Barring Service for inclusion on the Disclosure and Barring Service Vetting and Barred List (this should be considered whenever a carer is deregistered);
• The safety of all children in the household, including the foster carers own children, and whether any action is necessary to protect them;
• How the needs of any child who must leave the placement will be met, including contact with other children who were in the placement;
• How and by whom the investigation is to be carried out. It is important that careful consideration is given to planning when a joint investigation is recommended;
• The timescale for the investigation (see below) and any contingencies should timescales not be met;
• How the child should be informed of the procedure and how they can be supported throughout;
• Whether the alleged perpetrator should be asked to leave the home while the investigation is conducted, and confirmation that the carers will be advised of the allegation verbally and in writing;
• Who will inform the child's parents of the allegation;
• Once informed of the decision, what support is to be offered to the foster carers;
• How reports on the investigation will be shared with the foster carers and the child(ren) in the placement if appropriate;
• If any further placements should/should not be made;
• Arrangements for reconvening the Strategy Meeting.

If the Meeting considers that an allegation or suspicion has been founded, the matter should be investigated.

The minutes of the LADO meeting must contain clear action points and timescales for each action. The action points and timescales should be circulated immediately after the meeting. Actions agreed must be recorded and are subsequently the responsibility of named individuals. Copies of the action points and the minutes should be held on the foster carer’s electronic files. 

A decision to take no further action following a LADO Meeting must be clearly recorded both the child and foster carers electronic files as well as being reported to Ofsted.

The actions agreed at the LADO Meeting must be implemented by those responsible within the agreed timescales. 

Unless there are circumstances which mean that the nature of the allegation cannot be shared immediately, the foster carers should be advised of the allegation as agreed at the LADO Meeting. Carers must also be advised of the process to be followed during the investigation, including where relevant, the possibility that a Child Protection Conference may be convened in relation to their own children. 

When an allegation has been made against a foster carer, and if considered appropriate by the LADO Meeting, the foster carers should be given the opportunity to respond to the allegations before a final decision is made about protecting the child who made the allegation and/or any other children in the household. Protective action may include asking the person against whom the allegation has been made to leave the household while the investigation is conducted. 

Any decision not to make any further placements with the foster carers against whom an allegation or complaint has been made and an investigation is still ongoing, must be communicated in writing to the foster carers by the Designated Person and the Placements Team informed.

If a Child Protection Conference is convened, the Chair must be consulted in advance to discuss whether the foster carers should be invited. Regardless of whether the carers attend the meeting, their views must be obtained and communicated to the Conference. The Supervising Social Worker will prepare a report and a copy will be provided to the foster carers and their representative(s).

Information regarding the allegations should be given to the foster carers during the investigation process, along with information regarding their right to respond, and the timescale.  

The LADO Meeting will be reconvened to conclude the investigation. Whenever possible, the same people should be invited, and the same person should chair the meeting. The foster carers and their representative(s) may be invited to participate, following consultation with the Chair. If they are not invited, their representations either written or recorded should be provided to all present, unless there is information from third parties which they have declined to share. 

The outcome of the final meeting will be to agree if the allegation is:

Unfounded – this judgement is based on no evidence being presented to verify that the allegation took place

Unsubstantiated – this judgement means that there is not enough evidence to confirm or deny the allegation made.

Substantiated – this judgement means that there is evidence to support the allegation made.

The purpose of the final LADO Meeting is to agree on the outcome of the investigation and identify who is responsible for any further action.

At this stage, the Regulatory Authority (Ofsted) must be informed of outcome of the allegation/suspicion of harm including all actions to be carried out.

Although this is envisaged to be the final meeting, should new information come to light, further actions may be required which could necessitate the cancelling and rescheduling of the meeting. The LADO and other participants will agree who will notify the foster carers (if not in attendance) of the recommendations made at the meeting and the actions agreed as a result. This will include carrying out an Annual Review to be considered by the Fostering Panel for all unsubstantiated and substantiated outcomes.

An Independent Fostering Reviewing Officer will chair the ‘out of course’ Annual Review and ensure the foster carers views are captured in the report. A date for the Foster Care Panel to hear the Annual Review will be set at the Review meeting. The Independent Fostering Reviewing Officer will provide a copy of their report to the foster carers requesting their feedback within five working days.  Upon receipt of the foster carers feedback, the report is to be amended as appropriate and sent to the Panel Advisor for inclusion on the appropriate Panel agenda to which the foster carers must be invited.

If the Fostering Panel recommends deregistration, and this is ratified by the Decision Maker, consideration should be given to making a referral to the Disclosure and Barring Service regarding the inclusion of the foster carers on the Barred List. 

All documents relating to the investigation must be retained on the foster carers Mosaic system file. Some aspects of the record may also be recorded on the child’s file where appropriate. Minutes from LADO meetings should only be saved on the foster carer’s record. Consideration should be given to holding a ‘debriefing’ meeting for those involved given the potential impact of the allegations and investigation, whatever the outcome. This meeting should also consider any learning from the process, particularly regarding support and/or intervention. Whatever the outcome, must be retained on the foster carers Mosaic system file. Some aspects of the record should also consider any learning from the process, particularly about support and/or intervention. 

A summary of the allegation should be kept on the foster carers chronology on their Mosaic system file, this should include how the allegation was resolved and any decisions reached.

If a complaint is made against a foster carer(s) by a third party, this will be investigated under the Complaints policy.

National Minimum Standards 22.12 states:

‘During an investigation, the fostering services makes support, which is independent of the fostering service, available to the person subject to the allegation and, where this is a foster carer, to their household, in order to provide:

• Information and advice about the process
• Emotional support, and
• If needed, mediation between the foster carers and the fostering service and/or advocacy (including attendance at meetings and panel hearings)’

When carers are approved by the Fostering Service, membership of Fostering Network is provided. This gives access to their website and information on the support and services available to carers.  During an investigation the Fostering Services will continue to provide support to carers, but are not able to offer advice regarding the legal situation, or any specific details relating to the allegation/complaint. General support by the Supervising Social Worker will continue as should the monitoring of any children in placement. However, the Fostering Service recognise that for some carers and in some circumstances, this may not be possible or appropriate.

The Fostering Service has commissioned the Fostering Network to provide independent support to all foster carers.  Therefore, all foster carers will be given the opportunity to have an independent supporter throughout an allegation or complaints investigation commissioned through Fostering Network. The adviser can support the carers to understand the process and make their views known.   The adviser will also enable foster carers to feel more in control and to identify their options for further action.  The Fostering Service cannot provide legal representation at any stage of an investigation or enquiry. 

Fostering Network provide Signpost leaflets for all of its members which includes one on dealing with allegations.  The Supervising Social Worker will ensure that foster carers subject to an allegation are in receipt of this leaflet.

Foster carers who have had an allegation made against them and who would like to speak with one of Fostering Networks Independent Fostering Advisors, can contact the Fostering Network’s

Members Helpline: 020 7401 9582. This service operates between 10:00 – 15:00pm Monday to Friday excluding Bank Holidays.  If foster carers need urgent advice, then they should contact one of the numbers set out below.

Foster carers can also contact Fostering Networks 24-hour legal advice line Tel: 01384 885734 to request legal representation should a foster carer be advised that they will be ‘interviewed under caution’ by the Police.  This will ensure that foster carers have the appropriate support to ensure they are able to answer any questions put to them clearly and calmly. 

Fostering Network also provide a confidential 24-hour stress counselling helpline which can be accessed Tel: 01384 889549.

If fostered children are removed from placement and the foster carers is suspended from taking new placements pending the outcome of an investigation, the foster carers will receive a payment of £200 per week for a maximum of 12 weeks.

Due to the nature of the fostering and the adverse childhood experiences experienced by many children placed, foster carers may experience an allegation during their fostering carer. However, the Fostering Service responsibility to its foster carers is to ensure that risk is minimised.

The Munro Review of Child Protection: Final Report - A Child-Centred System 2011 stated, those involved in child protection must be 'risk sensible'. There is no option of being risk adverse since there is no absolutely safe option. In reality, risk averse practice usually entails displacing the risk onto someone else. Even if every child who was considered or suspected to be suffering harm was removed from their birth family, that would only incur different risks;

The Fostering Services take a 'risk sensible' approach and advises its foster carers to:

• Keep effective communication with the fostering service both written and verbal;
• Note bruises and scratches, any incidents of 'self-harm' in your records and inform your Supervising Social Worker;
• Keep records as advised by your Supervising Social Worker and submit them on a monthly basis;
• Contact the Fostering Service if you have any concerns regarding a child in your care;
• Regularly review your Safer Caring Plan taking into account the specific needs of each young person placed in your care;
• Attend and be prepared for your supervision visit with your Supervising Social Workers, partners who are approved foster cares must attend 1:2:1 supervision meetings;
• Attend the Safer Caring - A New Approach Training Course a 12-week course available from September 2022.

The Fostering Service recognises that the LADO process can lead to immense stress for foster carers, their family and any children or young people who continue to be placed with the foster family. The Fostering Service will ensure that every child placed in a foster home which is subject to an allegation, will be offered advocacy support by the Children’s Right Team to ensure that a child or young person’s voice does not get lost in the complexities of the LADO process.