Protocol for DBS’s on relatives and friends of foster carers and Looked After Children The guidance relating to DBS’s and Looked After Children staying overnight with friends’ parents or the relatives or friends of foster carers is as follows: •

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The Care Planning, Placement and Case Review Regulations 2010 3.146 – “ …it is helpful to identify from the start of the placement any people with whom the child might be allowed to stay without the need for further permission.” This implies that there would not have been time or need to complete DRBs. Volume 4 Fostering Services Guidance 2011 3.22 – “ There is no statutory duty for Disclosure and Barring Service (DBS) disclosures to be sought in relation to adults in a private household where a child may stay overnight or visit, or who the child may accompany on a holiday or on a school trip. DBS checks should not normally be sought as a precondition.” National Minimum Standards 2011 7.7 – “Children can stay overnight, holiday with friends, or friends and relatives of their foster carer, or go on school trips, subject to requirements of the care/placement plan, if foster carers consider it appropriate in individual circumstances. DBS checks are not normally sought as a precondition.”

Context Looked After Children say that problems obtaining parents’ and local authorities’ consent to everyday activities can make them feel different from their peers, causing them embarrassment and upset. It is therefore very important to agree upfront who can make decisions about a Looked After Child, and that this is understood by all key parties and reviewed regularly. The above guidance is in place to reduce delays and missed opportunities for looked after children around the delegation of authority which can be a bar to children experiencing a fulfilled childhood and feeling part of the foster carer’s family. Guidance Foster carers should be given the maximum appropriate flexibility to take decisions relating to children in their care, within the framework of the agreed placement plan and the law governing parental responsibility (PR). Except where there are particular identified factors which dictate to the contrary, foster carers should be given delegated authority to make day to day decisions regarding health, education, leisure, etc. This can usually be agreed and identified as part of the usual care planning process within Care Team meetings and Looked After Reviews. Overnight stays with foster carers friends and family members In recognition of the above North Tyneside Council will not routinely complete DBS’s for family members of foster carers with the exception of permanent household members over the age of 18. Fostering Service; Protocol for completing DBS’s for friends & relatives February 2013

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When a Looked After Child is placed, the delegated responsibility form will be completed with parents. Where a child is looked after under S20, the parents/guardians consent will usually be required for their child to have overnights outside the foster carer’s home. At the Placement Planning Meeting it would be useful for additional family members to be identified so that parents get an understanding of potential opportunities for overnight stays. Where a child is looked after under an ICO or CO, the parents/guardians consent is not necessarily required for their child to have overnights outside the foster carers home, however in the ethos of working together parents/guardians views will be sought where appropriate. In cases where parents/guardians withhold their agreement and this is felt to be unreasonable, the child’s Social Worker will discuss this with their Manager with a view to resolving this for the benefit of the child. Notwithstanding agreement being given, the foster carers shall act as a good parent would and take all reasonable and practicable steps to ensure the suitability of this arrangement (as detailed below).

(Volume 4 Fostering Services Guidance 3.19 & 3.20) In making decisions about whether or not to permit a looked after child to stay overnight with a friend or to have a holiday with their friends or with relatives of their foster carers, or to go on a school trip, foster carers and responsible authorities should consider the following factors: •

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Whether there are any relevant restrictions contained for exceptional reasons in the child’s care plan, including the placement plan;
Whether there are any court orders which restrict the child from making a particular overnight stay, visit or holiday;

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Whether there are any factors in the child’s past experiences or behaviour which would preclude the overnight stay, visit or holiday;

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Whether there are any grounds for concern that the child may be at significant risk in the household concerned or from the activities proposed;

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The age and level of understanding of the child concerned;

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What is known about the reasons for the overnight stay, visit or holiday;

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The length of the stay.

If in doubt about the appropriate decision or if there is reason to consider that a child may be at specific risk in staying in a particular household, the foster carers should consult the responsible authority for advice. The child and their carers should always be told of the criteria that will be used to make decisions about overnight stays, visits and holidays. Fostering Service; Protocol for completing DBS’s for friends & relatives February 2013

North Tyneside Process • When a Looked After Child is placed, the delegated responsibility form will be completed with parents. Where a child is looked after under S20, the parents/guardians consent will usually be required for their child to have overnights outside the foster carer’s home. • Where a child is looked after under an ICO or CO, the parents/guardians consent is not necessarily required for their child to have overnights outside the foster carers home, however in the ethos of working together parents/guardians views will be sought where appropriate. • Notwithstanding the Local Authority’s agreement, the foster carers shall act as a good parent would and take into account guidance 3.19. Other situations • In cases where the friend or relative of the foster carer is offering care in the absence of the foster carer i.e. the foster carer is going on holiday or a planned hospital admission, and therefore unable to resume care in an emergency, DBS’s will be completed before this arrangement is agreed by the Local Authority, where the duration is longer than 7 nights in any one period. There is no requirement for additional risk assessments or visits to be undertaken, however the contact numbers including out of hours fostering service will be provided to offer advice and guidance if required. As the Local Authority remain responsible for the child, a respite foster placement will be provided if this temporary care arrangement breaks down or is found to be unsuitable. •

In cases where the friend or relative of the foster carer is offering care, the foster carer retains the responsibility for the child and therefore should be in a position to collect him/her in an emergency then the friend or relative of the foster carer is not required to have a DBS completed regardless of duration or frequency.

Any arrangements that have been agreed by the foster carer should be communicated to the allocated social worker as part of the normal communication processes. If there are any concerns raised as a result of such arrangements these should be discussed with the Supervising Social Worker and the allocated Social Worker. If there are any doubts in relation to agreeing to an overnight stay these should also be discussed with the Social Worker. The Foster Carer should not feel they need to make decisions in isolation if there is any element of uncertainty based on the criteria outlined above. This protocol has been written to provide consistency of practice and ensure Looked After Children are not disadvantaged and as such will be kept under regular review. Foster Carers should bring any practice that is not consistent with this guidance to the attention of their Supervising Social Worker.

Fostering Service; Protocol for completing DBS’s for friends & relatives February 2013