Private fostering in the UK

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> Private fostering defined
> Variations in England, Northern Ireland, Scotland and Wales
> The Victoria Climbié Inquiry
> House of Commons Home Affairs report on immigration

Private fostering

Private fostering is defined in the Children Act 1989 as a child under the age of 16 (or under 18 if disabled) who is cared for, and provided with accommodation, for 28 days or more by someone other than a parent  or guardian, or close relative.

(A relative is defined as step-parents, siblings, brothers or sisters of a parent or grandparent).

It is difficult to say how many children are privately fostered, though estimates suggest that as many as 10,000 children may be living in this type of placement. There is a growing concern that privately fostered children and young people do not receive the services and protection that they are entitled to because they are not known to the local councils.

The risks involved in private fostering received widespread media coverage following the death of Victoria Climbie in 2000. Victoria was privately fostered by her great-aunt and Lord Laming's report into her death recommended that the Government review the law regarding registration of private foster carers.

List of common situations in which children are privately fostered:

• African and African Caribbean children with parents or families overseas
• Black, white and minority ethnic children with parents working or studying in the UK
• Asylum seekers and refugees
• Trafficked children
• Local children living apart from their families
• Adolescents and teenagers
• Children attending language schools
• Children at independent boarding schools who do not return home for holidays
• Children brought in from abroad with a view to adoption
• Children of members of the Forces

Also see:

• The Private Fostering Advisory Group's published a report with recommendations in relation to increasing notifications of private fostering.  The research report was commissioned by the DCSF to inform the work of the Advisory Group.
• BAAF's Advice Note on Private Fostering is aimed at those considering private fostering in England and Wales.
• A very private practice by Terry Philpot, BAAF 2001.
• The Social Care Institute for Excellence's position paper looking at the introduction of registration for childminders and the lessons that could be learned for private fostering - go directly to this paper on their website.

England

Part IX of the Children Act 1989 states that either the private foster carer or the birth parent must inform the local council of the arrangement at least six weeks in advance, and that the local council must check the suitability of the private foster carers and make regular visits to the child. The council also has the power to remove a child from a private foster care placement if there are concerns for the child's welfare.

• On the 1st July 2005, The Children (Private Arrangements for Fostering) Regulations 2005 were extended by section 44 of the Children Act 2004.
• Sections 45 and 47 of the Children Act 2004 make provisions to allow the Government to introduce a registration scheme in England
• National Minimum Standards were introduced for Private Fostering
• The new measures are intended to strengthen and enhance the existing private fostering notification scheme; provide additional safeguards for privately fostered children; and focus local authorities’ attention on private fostering.

A Department of Health booklet (pdf) on private fostering outlining the issues and responsibilities for carers, parents and professionals.

The Office for Standards in Education, Children’s Services and Skills (Ofsted) published a report examining children's views of the Government's proposals changing the way councils check private fostering agreements. The report is available to view and download as a PDF from their website.

Northern Ireland

Part X of the Children (Northern Ireland) Order 1995 sets out the provisions relating to private arrangements for fostering children. Trusts must be notified in advance of any private fostering arrangement in their area, and although parental responsibility rests with the birth parent the, Trust must safeguard and promote the welfare of privately fostered children.

Full details of legislation and requirements relating to private fostering are set out in the guidance and regulations publication on family placements and private fostering.

Scotland

The provisions for provisions relating to private arrangements for fostering children are set out in the Foster Children (Scotland) Act 1984 and the Foster Children (Private Fostering) (Scotland) Regulations 1985. These state that the private foster carers have a duty to inform the local authority of the arrangement and the local authority has a duty to check that the arrangements are satisfactory and to monitor the placement. Under the Regulation of Care (Scotland) Act 2001 the Care Commission has become responsible for the regulation of Local Authorities' functions with regard to private foster care arrangements. As yet no date has been given for the commencement of registration and inspection, and National Care Standards for Private Fostering have not yet been produced.

Private fostering policy in Scotland is currently being reviewed by the Adoption Policy Review Group. The discussion paper on legal issues 'Choices for Children in Fostering and Adoption' outlines the present situation regarding private fostering arrangements, and poses questions for discussion.

Wales

Part IX of the Children Act 1989 states that either the private foster carer or the birth parent must inform the local council of the arrangement at least six weeks in advance, and that the local council must check the suitability of the private foster carers and make regular visits to the child. The council also has the power to remove a child from a private foster care placement if there are concerns for the child's welfare.

Section 45 and 47 of The Children Act 2004 includes provisions for the establishment of a registration scheme for private foster carers in Wales.

The Personal Social Services Statistics Wales 2003 show that 56 children were being privately fostered in the 49 private foster homes were known to the Welsh authorities at 31st March 2003.

A Welsh Assembly booklet on private fostering outlining the issues and responsibilities for carers, parents and professionals.

The Victoria Climbié Inquiry

Inquiry report - published 28th January 2003

Lord Laming's report of the Inquiry into the death of Victoria Climbié was published on the 28th January 2003. Click to read the report

Read BAAF's comments on the publication of the report

Read BAAF's contributions to the Victoria Climbie Inquiry:

• BAAF Response to Key Questions for First Seminar
• BAAF Response to Key Questions for Second Seminar
• BAAF Response to Key Questions for Third Seminar

Keeping Children Safe - published 8 September 2003

Keeping Children Safe, a detailed response to the practice recommendations made by Lord Laming in the report following his inquiry into the death of Victoria Climbié, was published by the DfES on 8 September - along with the Green Paper Every Child Matters.

See all the extracts from 'Keeping Children Safe' that are relevant to private fostering (pdf).

You can access the full 'Keeping Children Safe' report from the Every Child Matters website.

The Victoria Climbié Memorial Address - 19th May 2004

This address (pdf) was delivered at the Institute of Education by Felicity Collier, BAAF's Chief executive.

House of Commons Home Affairs Select Committee on immigration

BAAF was asked to report on immigration and private fostering. View the report as a PDF