7.13 Managing Allegations Against Foster Carers

REGULATIONS AND STANDARDS

22.9 Information about procedures for dealing with investigations into allegations is made known to fostering service staff, carers and children/young people, including information about the provision of independent support to Foster Carers during an investigation.

RELEVANT GUIDANCE

Children & Young Persons Act 2001

Guidance to the Children and Young Persons Act 2001, Volume C: Family Placements, Chapter 3: Fostering Service

Fostering Service Minimum Standards, June 2007 (amended Oct 2013)

Outcome: The people who work in or for the fostering service are suitable to work with children and young people and they are managed, trained and supported in such a way as to ensure the best possible outcomes for children in foster care. The number of staff and carers, and their range of qualifications and experience are sufficient to achieve the purposes and functions of the organisation.

RELATED CHAPTERS

Strategy Discussion / Meeting Procedure

The Assessment and Approval of Mainstream Foster Carers Procedure

Standard of Care Procedure

RELATED INFORMATION

The Isle of Man, Safeguarding Children Board, Child Protection Procedures

Registration and Inspection Unit (GOV.IM)

Advice & Information (The Fostering Network)

This chapter was added to the manual in May 2023.

Introduction
Minimising Risk against Allegations
Managing Allegations – Section 46 of the Children and Young Persons Act 2001
Managing Allegations Strategy Meetings (MASM)
Review of Foster Carer(s) Approval
Role of the Supervising Social Worker if Allegations are made against a Foster Carer(s)
Recording

1. Introduction

1.1	Where a child or young person has become Looked After and resides in foster care, Manx Care has a statutory duty to safeguard and promote their welfare under the Children and Young Persons Act 2001. Foster Carers are required to work effectively and in partnership with the department in order statutory duties in relation to children in their care are adhered to.
1.2	One of the key priorities of the Isle of Man Safeguarding Board is to ensure everyone has a responsibility to promote the welfare of all children and young people, to keep them safe and to practise in a way that protects them.
1.3	The Family Placement Service makes clear that the principle duty of an approved Foster Carer(s) is to provide 24 hour, all year round high quality family based care; to care for a child as if they were a member of the Foster Carer(s) family and to safeguard and promote their welfare having regard to the short and long term plans for the child.
1.4	A Supervising Social Worker from Manx Care will be allocated to a Foster Carer(s) and they will be responsible for supporting carers, ensuring that they have the necessary guidance, support and direction in order to maintain a high quality care, including safe caring practices.
1.5	The guidance, support and direction provided to a Foster Carer(s) will include an understanding that they must work within the Isle of Man Fostering Services Minimum Standards (2013) which are the statutory framework under the Regulation of Care Act 2013, The Children and Young Persons Act 2001 and the Family Placement Service's policies, procedures and guidance.
1.6	In line with statutory duties Manx Care takes seriously any allegation made by a child and will investigate any such allegation to ensure children and young people are kept safe and free from harm.
1.7	Foster Carers by virtue of their status are in a position of trust and any allegation made by a child in foster care will be fully investigated in line with legislation and Manx Care procedures. The Family Placement Service will work closely with Foster Carers and their families when an allegation is made and throughout the process independent support will be available to carers at this time.

2. Minimising Risk against Allegations

2.1	While Foster Carers may not think they will face an allegation during their career, in reality it can happen therefore it is important to embed practices that reduce the possibility of any allegations.
2.2	Caring for children who have experienced trauma can be extremely challenging for a Foster Carer(s). In addition to looking after children Foster Carers are required to work with a child’s family, Social Worker, the fostering service and other professionals, all of which can place additional pressure, leaving them feeling stressed and unable to cope. This could lead to a situation that results in an allegation.
2.3	At times of conflict or crisis Foster Carers will have support that is consistent, sympathetic, responsive, and prompt from the Family Placement Service. Foster Carers also need to remember how they have been prepared for their role and the support mechanisms available to them.
2.4	During the assessment process the Supervising Social Worker will have explored with the Foster Carer(s) their ability to understand the challenge of caring for traumatised children and being able to provide safe caring practices, which ensure everyone’s safety. This will be an area of competence that will be important considerations for the Fostering Panel in terms of approval. Please see the The Assessment and Approval of Mainstream Foster Carers Procedure.
2.5	Placement and Matching Prior to a placement being made a matching process of the child’s needs and the Foster Carer(s) ability to meet their needs will be undertaken. Within this process where gaps have been identified a support plan will be put in place to enable the Foster Carer(s) to meet the needs of the child. The child's placement plan must set out any specific behavioural issues for the child that need to be addressed or approaches to be used, which will inform the support plan-please see Placement and Matching.
2.6	Support and Supervision The Family Placement Service offers support and supervision to Foster Carers, these opportunities enable carers to work alongside the Supervising Social Worker to acknowledge the challenges and demands of the fostering tasks and ensure appropriate support is available. Support and supervision also ensures Foster Carers continue to provide a high quality of care to the children they look after and enables them to carry out their duties within the Family Placement Services’ policies and procedures. Please see Supervision and Support of Foster Carers Policy.
2.7	Training and Development: Foster Carers have access to training, which is an important source of support. It supports them to provide a specialised level of care to each child they look after during their careers. Foster Carers who participate in training are more likely to feel they are part of a profession. Training and development also reduces stress levels, enhances carers’ self-esteem, skill base and knowledge.
2.8	Family Placement Service requires that Foster Carers undertake a range of flexible and accessible learning and development opportunities to enhance their knowledge and understanding of the role they undertake. The forum of supervision is seen as an enabling process for Foster Carers where their knowledge and understanding can be fully explored and how this can be used in their safe caring practices.

3. Managing Allegations – Section 46 of the Children and Young Persons Act 2001

3.1	Manx Care recognise that an enquiry into an allegation of abuse against a Foster Carer(s) is traumatic and has serious implications for the health and livelihood of a foster family. However, allegations of abuse against children have to be investigated.
3.2	Any person or worker who is aware of, or receives information, which indicates that a child has suffered, or is at risk of suffering significant harm whilst in foster care, must immediately refer their concerns to the Initial Response Team or Out of Hours. A referral can also include allegations from a child previously fostered and indeed the Foster Carer(s) own children.
3.3	Once the information is received this will be shared with the Social Worker and Team Manager responsible for the child. It is the responsibility of the Team Manager to determine if the information gathered, under section 46 of the Children and Young Persons Act 2001, meets the threshold for an Initial Strategy Discussion. Please see Strategy Discussion and related guidance The Isle of Man, Safeguarding Children Board, Child Protection Procedures.
3.4	In all cases, deciding whether to deal with an allegation or incident, under s46 of the Children and Young Persons Act 2001, or as a complaint requires the following considerations: The nature and severity of any actual harm to the child; The context in which the alleged harm occurred; Whether the alleged behaviour of the Foster Carer(s) was (i) intentional and (ii) has, or is likely to result in significant harm to the child or any other child in the household; Whether the concern relates to direct conduct towards a child or is a more general practice issue.
3.5	The suitability and conduct of the Foster Carer(s) may also be brought into question by their conduct or offending behaviour in their personal life in or outside of the home, including if their own children come to the attention of statutory agencies due to abuse or neglect.
3.6	If there is reasonable cause to suspect that a child is suffering, or is likely to suffer, Significant Harm following an initial strategy discussion then a Section 46 investigation will take place. This will be carried out by a qualified Social Worker within Manx Care, Children and Families team. The child must be seen within 24 hours and the enquiry concluded within 15 working days.
3.7	The strategy discussion will inform a plan in relation to how the investigation should be conducted, as a single agency investigation by a Social Worker or a joint investigation involving the police. The plan will include how the Foster Carer(s) and those with parental responsibility are informed about the decisions of the meeting and whether a referral for a MASM has been made.
3.8	An allegation of abuse against a Foster Carer(s) is upsetting and can lead to a decision that children are removed. Any decision to remove a child will be based on considered judgement of the individual child’s needs balanced against presenting risks. No new placement will be made with the Foster Carer(s) until a conclusion has been reached with regards to the allegation and following consideration of the Foster Carer(s) registration by the Fostering Panel.
3.9	The Family Placement Service is regulated by the Isle of Man Registration and Inspection unit in line with the Regulation of Care Act, 2013. It is requirement of the service to notify the unit of an allegation against a Foster Carer(s) no later than 24 hours from the date of referral. See Registration and Inspection Unit (GOV.IM).
3.10	The Supervising Social Worker will complete a statutory notification of events form on protocol, which will be signed off by the team leader/manager and submitted to the unit.
3.11	Foster Carers will receive support from the Supervising Social Worker throughout the process of a child protection enquiry. Supervising Social Workers are mindful they are a representative of Manx Care and as such independent support will always be offered.
3.12	Foster Carers have access to the Fostering Network advice and mediation service and legal and protection insurance if they are subject to an allegation. See The Fostering Network Advice & Information.
3.13	During an investigation Foster Carer(s) will be: Treated fairly and honestly; Supported to understand the procedures that are being followed and scheduled timescales; Have the right to be heard and put their side of the allegation to the investigating team; Provided with ongoing support by their Supervising Social Worker and signposted to The Fostering Network for independent advice and support; Given information about sources of independent advice and support (as above); Informed about all decisions as soon as possible.
3.14	The Foster Carer(s) will be paid a retainer equivalent to the weekly skills fee during an investigation to the point where a decision is made whether or not the child will be returning to placement up to a maximum of 12 weeks. The child’s allowance will not be paid during this period.

4. Managing Allegations Strategy Meetings (MASM)

4.1	On the Isle of Man, allegations against a Foster Carer(s) which relate to a Child Protection enquiry are managed through the Managing Allegations Strategy Meeting (MASM) process. The MASM process will be decided and overseen by the Senior Independent Reviewing Officer in Manx Care, Safeguarding Quality Assurance Unit (SQAU).
4.2	This is a strictly confidential meeting and therefore the number of participants will be limited to those necessary. It will be chaired by the Senior IRO/IRO and minutes taken by the SQAU unit. It will involve the responsible manager or group manager, the Family Placements Team Manager and a senior Police representative.
4.3	The MASM will run simultaneously alongside the Section 46 investigation. This meeting plans the response to the allegation made against the Foster Carer(s) and considers the progress of the Section 46, the police investigation and the position of the Family Placement Service in relation to the Foster Carer’s status.
4.4	Following the initial meeting a letter will be sent to the Foster Carer(s) subject to the MASM to inform them they are subject to the process. A follow up meeting may be held if required due to the complexity of an investigation or the need for additional information to be gathered to inform decision making.
4.5	There are no set timescales for the conclusion of a MASM however the SIRO who coordinates the MASM will address any delay.
4.6	A MASM outcome meeting will be held once the enquiry into the allegation has concluded. The outcome meeting is to agree outcomes in respect of the Foster Carer’s position of trust. The meeting will discuss and record whether the allegation was Substantiated, Unsubstantiated, Unfounded or Malicious/ deliberately invented. The chair will write to the Foster Carer(s) subject of the MASM to inform them of this outcome.

5. Review of Foster Carer(s) Approval

5.1	Following the conclusion of the Section 46 investigation, if the allegation is substantiated, this will inform the MASM outcome. In all circumstances whereby the Foster Carer(s) are subject to a Section 46 investigation and the MASM process an annual review will be completed and presented to the Fostering Panel to consider approval and continued registration. The review report will need to include: The findings of the investigation; What concerns remain, if any; Termination of approval; The feelings and experience of the Foster Carer(s); The views of the Supervising Social Worker; Training issues identified; Other information relevant to the child or children in placement .
5.2	Prior to Fostering Panel, the Foster Carer(s) should have seen, and had time to comment on the report being presented to the panel.
5.3	Foster Carers will be entitled to submit any documentary evidence they wish in support of their views to the panel and independent support should continue to be available throughout any review of a Foster Carer(s) approval.
5.4	The Fostering Panel will make a recommendation to the Agency Decision Maker. The Agency Decision Maker can: Uphold the panel recommendation; Oppose the panel recommendation; Defer making a decision until they have further specific information to enable them to do so.
5.5	If the Foster Carer(s) are not satisfied with the final decision they should follow the Manx Care Complaints Procedure.

6. Role of the Supervising Social Worker if allegations are made against a Foster Carer(s)

6.1

Within the MASM process, the Supervising Social Worker should:

Identify appropriate support for the Foster Carer(s);
Undertake any tasks identified for the Supervising Social Worker as part of the Strategy Meeting in respect of the investigation;
Make the Foster Carers aware of the process and of their rights during any investigation;
Make the Foster Carers aware of their own possible conflict of interests in relation to their responsibility to Manx Care if any information relevant to the investigation comes to their attention and inform them of where they can seek alternative and independent support and advice.

6.2

It remains the role and responsibility of the Supervising Social Worker to ensure the safety and protection of the children within the fostering household during all their duties.

7. Recording

7.1	Records of allegations of abuse are kept on file. In relation to the child the team manager or senior Social Worker convening or chairing the Strategy Discussion/Meeting will record, or will arrange to have recorded, on Protocol, a record of the Strategy Meeting pro forma detailing: The date, time and venue of the Strategy Discussion/Meeting; Those present or participating by report into the Strategy Discussion/Meeting; The information shared, all decisions reached, the basis for those decisions and future actions agreed for all agencies.
7.2	The outcomes of the Strategy Discussion/Meeting must be circulated within one working day to those who participated.
7.3	The Manager or Senior Social Worker who decides that a Section 46 investigation is appropriate must record the outcome of the Strategy Meeting on the child’s electronic file.
7.4	All the information and correspondence relating to the MASM process is stored securely in a restricted electronic file within the Safeguarding and Quality Assurance Unit. Foster Carer(s) are able to request access to their files at any time.
7.5	A copy of the final outcome will be put on the Foster Carer(s) file.

End