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CHAPTER 7: PRIVATE FOSTERING ARRANGEMENTS
Private fostering differs from public fostering. The latter is the provision of fostering services to children who are looked after by local authorities and can be done by the local authorities or by others on their behalf. Private fostering is where parents make arrangements with people who are not close relatives to care for their children, although they do have a duty to report this to their local authority. This chapter examines views on private fostering arrangements.
Question 17. In relation to private fostering arrangements, do you think that there is a need for any additional action, by (a) the Scottish Executive
7.1.1 As shown in chart 7.1, 34 consultees answered yes; 10 answered no and 67 did not give a definitive answer. Sixty-three respondents did not give an answer in relation to any of the organisations mentioned in question 17.
Chart 7.1 Whether there is any need for additional action by the Scottish Executive in relation to private fostering arrangements (n=111)
Question 17. In relation to private fostering arrangements, do you think that there is a need for any additional action, by (b) Care Commission.
7.1.2 As shown in chart 7.2, 23 consultees answered yes; 13 answered no and 75 did not give a definitive answer.
Chart 7.2 Whether there is any need for additional action by the Care Commission in relation to private fostering arrangements (n=111)
Question 17. In relation to private fostering arrangements, do you think that there is a need for any additional action, by (c) local authorities?
7.1.3 As shown in chart 7.2, 29 consultees answered yes; 9 answered no and 73 did not give a definitive answer.
Chart 7.3 Whether there is any need for additional action by local authorities in relation to private fostering arrangements (n=111)
7.1.4 Question 17 was not covered at the Fostering Network events and there were very few comments on this question in foster or kinship carer responses.
What should these be?
7.1.5 There were a variety of comments and suggestions from small (less than 10) numbers of consultees, with one main comment emerging in response to question 17; twenty-four consultees, including 16 local authorities, commented that private fostering is misunderstood both generally and by users and providers and that more publicity is needed to raise its profile.
7.1.6 Political commitment was seen as important, by 7 consultees who felt that both government and local authorities should take a stronger role in the assessment of the scale of private fostering and in its regulation. Two consultees commented that local authorities must be aware of private fostering arrangements within their areas. Two consultees felt that private carers should be subject to the same processes and procedures as foster carers. Consistency across areas was also identified as important with 3 consultees stressing the need for all local authorities working to deliver the same standard.
7.1.7 While consultees saw the need to respond to identified private fostering care, 7 commented on the need for increased funding in order to assess and support this type of care.
7.1.8 Five consultees stressed that private carers must be suitably assessed and subject to inspection and monitoring. Two consultees also mentioned the need for private carers to receive the same training as foster carers. A public body noted "The present National Care Standards DO NOT apply to private foster carers, as is implied in paragraph 6.3 of the consultation document."
7.1.9 Multi-agency working is imperative in supporting carers; 7 consultees wanted to see health, education and social work services working closely to identify and support private fostering. One consultee also included mention of the police forces working more closely with social work departments and cited the case of Victoria Climbie as a cautionary example of private fostering.
7.1.10 The Care Commission was seen, by 5 consultees, as the ideal body to register and regulate private fostering. The Care Commission themselves stated "the Scottish Executive, Care Commission, local authorities and other stakeholders should consider and bring forward proposals to enable private foster carers to be regulated under the Regulation of Care Act. This would mean they would be subject to independent registration and inspection, investigation of complaints and, where required, legal enforcement action by the Care Commission. It would be an offence to operate as a private foster carer without registration. These provisions could better safeguard children and, through time, ensure that private foster care comes out into the open."
7.1.11 Four consultees voiced concern that private fostering is under-reported. "The Adoption Policy Review Group report, Adoption: Better Choices For Our Children, 2OO5 recommended that a working party be established to more fully investigate this phenomena in terms of establishing its use, its needs and the potential requirements by both local authorities and central government in terms of supporting and monitoring this type of service." (fostering charity)
7.1.12 Two consultees felt that all three parties mentioned in the consultation should consider the introduction of regulations similar to those of child-minders into private fostering situations. Three consultees felt that current regulations are outdated and need to be reviewed.
7.1.13 There were positive mentions, in 3 responses, of Private Fostering Partnership Contracts now being developed in some local authority areas.
7.1.14 The need to allow the views of a child in a private fostering situation to be heard was stressed in 2 responses and 2 consultees expressed concern over state interference in private arrangements; some of these could, in fact, be seen as kinship arrangements under the definition of 'family' by the European Court of Human Rights.
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