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4 STRENGTHENING THE SYSTEMS WHICH SAFEGUARD CHILDREN AND ASSURE QUALITY CARE

81. Effective quality assurance comes down, in the end, to how systems and processes are applied at a local level. The Care Commission's November 2007 report, found good evidence of quality assurance systems being in place in most services but with worrying examples of processes such as the required annual review of foster carers; meeting training needs of carers; and safe recruitment of agency staff and panel members not being consistently applied. More than one third of services needed to improve how they monitor and evaluate key indicators.

• The reference goup mentioned at para 54, will identify where the National Care Standards and/or regulations may need to be adapted to provide more flexible care and to identify improvements at a national level, which may arise from their annual inspection of foster care providers.

82. There is already a variety of practice in this area, differing from authority to authority and from local authority to voluntary agency. Local decision-making will agree the support required to deliver the best quality of care and to attract and retain the required number of foster carers. Financial support may form part of the package but local authorities and other providers should also consider other elements of a support package for foster carers. Best practice in this area includes:

• an annual training entitlement with childcare, travel, attendance and any loss of salary costs paid;
• access to financial support to take a relevant qualification, if desired;
• an annual "retainer fee" for a number of days, where the foster carer needs a holiday or short break way from their care responsibilities;
• a 24-hour support service, able to give relevant advice and support at the time that it is needed;
• access to a "one-off" fund to respond speedily to foster carers' need for replacements and repairs and where investment in larger, one-off items would enable the carer to provide an improved service to the children in their care.

Elements of this package should be considered for approved kinship carers.

Registration of foster carers

83. The responses to the consultation indicated that foster carers generally wanted to:

• raise the status of and improve the quality of foster care and foster carers
• gain access to and entitlement to appropriate training
• have the opportunity to work for more than one authority or organisation
• be enabled to transfer between authorities and organisations
• offer an element of child protection.

84. There was general support for registration as a means to achieve these goals. The Scottish Government believes all these are desirable and appropriate goals. It wants foster carers to be consistently valued as equal partners with all those providing children's services. However, it does not agree that a formal registration system is the most effective way to meet these goals because many of the benefits of registration can already be achieved by improving the existing legislative and regulatory framework. These include:

• strengthening the existing regulatory framework as discussed earlier in this document
• the Care Commission's inspection programme of foster care and family placement services against the relevant Regulations and the National Care Standards for Foster Care and Family Placement Services, which has now begun. Over time, inspection will lead to improvements, building on the recommendations for strengthening the assessment and training of foster carers to be developed by the BAAF/ TFN group
• foster care being regarded as regulated work within the terms of the Protection of Vulnerable Groups (Scotland) Act 2007 once that is implemented, which will go some way to addressing the issues of child protection and public confidence in the workforce more generally. It should also help remove some of the difficulties of carers being able to work for more than one agency or being able to transfer between agencies
• the Scottish Social Services Council ( SSSC), in its role as the Sector Skills Council for the social care sector, will consider whether foster carers can be included in the 'footprint' for the Sector Skills Council when determining training requirements and provision.

Approval of kinship carers

85. This strategy seeks to promote kinship care as an important part of the range of care available to looked after children. Accordingly, we believe it is important that kinship carers undergo an approval process broadly equivalent to that required for foster carers, to ensure both safety and quality of provision for the child, and that the carer's support needs are identified and addressed. An approval system is also likely to contribute to improved status for kinship carers. This process will be shorter and more streamlined than the approval process for foster carers to reflect the different nature of the relationship of kinship carers.

86. In addition, the Protection of Vulnerable Groups Act 2007, once implemented, will require that any foster or kinship carer of a looked after and accommodated child is a member of the Vetting and Barring Scheme.

87. A kinship carer who is approved in this way will in turn be entitled to an agreement with the local authority setting out the support, development and training which will be provided.

• The Scottish Government will introduce regulations that clarify that such kinship carers must be assessed and approved by the appropriate local authority and given the requisite support by the local authority. Regulations will also set out the statutory framework for the assessment and approval process of such kinship carers. We have asked the BAAF/ TFN-led reference group to develop recommendations for this approval process.

Unapproved carers

88. As stated above, high quality care depends on quality assurance systems being followed. We believe that the amount of time that a looked after child is placed with an unapproved carer should be kept to the workable minimum.

• The Scottish Government will amend the relevant regulations to ensure that no looked after child is placed with an unapproved carer for longer than necessary, regardless of whether the carer is a relative or friend. A simplified assessment should still be completed for emergency placements and allowances paid for the child to the carer during this period.

Placement limits

89. The Government in Scotland has considered the case for a statutory blanket placement limit (that is the number of children that a carer is approved to look after). However, a flexible approach to provision recognised that the appropriate limit will depend on the circumstances of the individual carer. Accordingly we propose to continue with the current system of carer specific approval limits but strengthen adherence to those limits. The new regulations will address the issue of placement of a child that takes a carer over his or her approval limit. This should become part of SWIA's and the Care Commission's inspection of fostering agencies. We believe that this will ensure that kinship and foster carers are better protected, whilst also giving them and authorities discretion as to the numbers of children placed.

• The Scottish Government will amend the relevant regulations to ensure that any placement that takes an approved carer over his or her approval limit must be authorised.

Dealing with complaints and allegations

Complaints

90. The current Fostering of Children (Scotland) Regulations 1996 state that the procedure for handling complaints made against foster carers will be covered by the Foster Carer Agreement and this will be retained in updated regulations. Councils and other fostering agencies are required to have procedures and guidelines for dealing with complaints under the Social Work (Scotland) Act 1968 and the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002.

91. In addition, the National Care Standards: Foster care and family placement services require that information is made available to both children and carers about their statutory right to complain to the Care Commission about concerns they have about the fostering service and how these complaints will be investigated.

Allegations

92. Allegations differ from complaints in that they have a legal context and legal consequences for those concerned.

93. The responses to the consultation demonstrated that carers need a national protocol to ensure a sensitive and efficiently handled investigation into allegations made against them or their family, covering the following areas:

• Information to foster carers about the way investigations are proceeding. While there may be restrictions on what information can be disclosed by the police or the social worker, general information can be provided.
• Indicative timescales, backed up by local commitments by agencies to meet and even exceed these, if possible.
• Financial issues: foster carers could suffer financial hardship if they are suspended from fostering during the period that an allegation is being investigated. Most local authorities make a retainer payment during a foster carer's suspension. Unless there are very good reasons, this should be standard practice.

94. Where an investigation has not resulted in the person being charged, or if the person is charged and acquitted, the police may retain details of that allegation. Information that the police hold is subject to standard rules that are in place about retention, review and deletion. Problems for the carer can arise if the police force holding the information considers information about the charge might be relevant and should be shared. Foster carers need to understand this aspect of the process and any impact it may have on their future employment prospects or voluntary activities.

• The Scottish Government has funded TFN to develop a national protocol, capable of being adapted to fit local circumstances and to include the needs of kinship carers, to be available by Spring 2008.
• The Scottish Government has also funded, for a 3-year period, an expansion of TFN's advice and mediation service, which provides independent support to foster carers who are subject to an allegation. TFN will be asked to identify the scope for also providing support to kinship carers.

95. The Scottish Government has advised TFN that it wants the protocol to demonstrate to the child that their concerns are taken seriously; that there is a process which gets to the heart of the reasons for the complaint and takes swift action to protect the child; and ensures the complaint or allegation is thoroughly, swiftly and fairly investigated. It will have as its starting-point the importance of protecting the child and ensuring they are not exposed to abuse or neglect of any kind, whether emotional, physical or sexual.

96. The procedure should also take into account the child's circumstances. Even if an allegation proves to be unfounded, the child may be trying to draw attention to their underlying needs, for example their previous experience of abuse; to gain a measure of control over their own lives; or looking for a reason to end their current foster placement

97.TFN's publication Safeguarding children in foster care details examples of good practice in handling allegations.

98. If a foster carer is charged and convicted, local authorities and other fostering agencies will need to have policies in place for referral to the Disqualified from Working with Children List. Furthermore, if one of their carers is charged and convicted of an allegation, the fostering agencies will want to review their approval processes to seek to identify any shortcomings in the process.

99. Kinship carers and their families may also face allegations. Indeed, some research suggests that kinship carers experience more unsubstantiated allegations than unrelated carers. While there will be different approaches required for supporting kinship carers, there are still basic principles which should be applied to provide support to kinship carers when faced with an allegation.

Conclusion

100. At the time of writing, this is the first strategy to be published jointly by the Scottish Government and COSLA, following the Concordat agreed as part of the Spending Review. This strategy, along with the freedoms provided through the local government spending settlement, herald a new approach to joint working between national and local government to deliver on shared objectives. It is fitting that a subject so close to the hearts of those working in government at every level - the care of our most vulnerable children - should be the first beneficiary of this collaboration.

101. This strategy sets out the key principles and proposals that underpin the commitment of government in Scotland to Getting It Right For Every Child in kinship and foster care. It describes the support which will be available to the carers that help our most vulnerable children to fulfil their huge potential.

102. In publishing this strategy, the Scottish Government and COSLA have committed to provide the political leadership to deliver change. Our partner organisations, including the Care Commission, SWIA, ADSW, TFN and BAAF have a vital role to play. However, it is only through the continuing commitment of individual social workers, kinship and foster carers and their families, other volunteers, and looked after children and young people themselves, that the full benefits of this strategy will be realised.

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