This information is for parents whose child (under the age of 16, or under 18 if the child is disabled) is being looked after by someone else for 28 days or more. It explains the law on private fostering and the role of social services.

Private fostering is an arrangement made by parents (or those with parental responsibility for a child) for someone to care for their child because they are unable to do so. Sometimes a young person has chosen to live elsewhere. If they are under 16 (18 if disabled) and living with someone who is not a close relative for 28 days or more, this is also called private fostering.

About Private Foster Carers

A private foster carer is someone who cares for another person’s child in their own home such as extended family members (great-aunts, great-uncles, cousins) someone who is called ‘aunt’ or ‘uncle’ but is not related to the child; a friend of the family; someone who is not married to the child’s mother or father but is a partner or ex-partner.

Not everyone who looks after someone else’s child is a private foster carer. If the local authority/council has formally asked someone to care for the child then this is not considered private fostering. If your child is living with a close relative, that is - a grandparent, aunt, uncle, step-parent (by marriage or civil partnership), sister or brother, then that is not private fostering.

Arranging private fostering for your child

If you are arranging for someone who is not a close relative to look after your child, you must give social services (also called Specialist Children’s Services) at least six weeks written notice. If you have already placed your child with private foster carers you must notify social services within 48 hours. 

Social services have a legal duty to make sure that the welfare of all privately fostered children is safeguarded and promoted and that they are living in safe and suitable surroundings. Social services give advice to parents, private foster carers and any child who is being privately fostered.

If a child is privately fostered, the parent keeps parental responsibility, meaning that they still make decisions about where the child is educated, what medical treatment they can have and whether they can travel abroad. A private foster carer cannot change a child’s name. A social worker will be allocated to you to tell you more about this, and other issues such as support services and benefit entitlements.

What happens next?

Social services will send you a form to complete about you and your child. A social worker will visit you, your child and the private foster carers to discuss the plan and will need to consider: suitability of private foster carers and others in the household where your child will be living how long they will be living there your child’s wishes and feelings your child’s health and education contact arrangements between you and your child.

Private foster carers will need to sign forms that allow checks from the Disclosure and Barring Service (DBS), probation service, local council, GP and education authority. It’s important for everyone living in the household who is over 16 years old to have DBS checks too. The social worker will write a report (assessment) and a decision will be made as to whether the arrangement is suitable. You will get a letter telling you what the decision is.

If the arrangement is not agreed

Carers will be told in writing if they or the accommodation are not considered suitable, or it would be prejudicial to the welfare of the child to live with them. Appeals against the decision made by social services should be made within the appeal to the Family Proceedings Court within 14 days. If the matter still can’t be resolved, the social worker will contact you so that you can make other arrangements for your child’s care.

If the arrangement is agreed

If the arrangement is agreed upon, a social worker will visit the private foster carers and your child regularly and will keep in touch with you for as long as the arrangement lasts, or until the child reaches the age of 16 (18 if disabled).

Making the arrangement work

It is important to work with the carers and the social worker to make sure things go smoothly. Keeping a child’s routines, having their own possessions and having some structure helps them to settle into their new surroundings.

You must:

• give carers and the social worker an address and phone number at which you can be contacted at all times.
• tell the private foster carers about any routines your child has at home.
• give the private foster carers any personal items such as toys or photographs that might help your child settle into their new home.
• consider if the carers can support your child’s racial, cultural or religious background.
• draw up a written agreement together with your social worker and the carers so that it is clear who is responsible for what. (Your social worker can help get all this information into a written agreement form)

Financial Arrangements

Any financial arrangements should be made between you and the private foster carers. Children’s Social Care will not provide support for routine care of the child.

Details should be included in the written agreement. If you are claiming benefits, including and the department for Work and Pensions that you are no longer caring for your child.

Further sources of information and advice

• Children Act 1989
• Children Act 2004
• The Children (Private Arrangements for Fostering) Regulations 2005
• National Minimum Standards (NMS – DfES 2005) Practice Guide (PDF)
• Information on benefits and support: www.gov.uk

Helpful organisations:

• Bexley’s Children’s Social Care: 020 3045 5440
• Bexley SHIELD - Safeguarding partnership 0203 045 4320 email shield@bexley.gov.uk

Are you under 16 and not living with your parent(s), guardian or close family? If you are staying with someone who isn’t your parent, grandparent, aunt, uncle, step-parent, brother or sister for more than 28 days, you are probably being privately fostered.

Find out what this means for you

How do I know if I’m privately fostered?

If you are under 16 (or under 18, if you are disabled) and your mum or dad have asked someone else to look after you for 28 days or more, this is called private fostering.

The person who looks after you is called a private foster carer.

What does this mean for me?

If you have been staying with a relative or a family friend, then your mum, dad or the person looking after you needs to get in touch with Bexley Children’s Social Care . If you want to know and their answers below.

Why does private fostering happen?

There are lots of reasons why a parent thinks it may be best for their son or daughter to live in a different family home.

There are many children and young people who are cared for in this way.

It can happen when:

• a parent decides it is best to ask a friend or someone else to take care of you for a while if they, or another close relative cannot
• things have been difficult at home – it’s sometimes helpful for everyone to have their own space for a while, and time to think
• a parent who lives in another country might arrange for their child to stay with friends or relatives in this country.
• If you are living with a family while you are here to learn English for more than 28 days

Can my private foster carer decide everything for me?

Not everything. They can decide what’s best when it comes to most day-to-day things. Private foster carers cannot change your name, or your school, or arrange for you to live somewhere else without your parents agreeing to this. Your mum or dad are still responsible for you, and still have to agree to medical treatment, unless they cannot be contacted quickly in an emergency, and then a doctor will decide.

 Can I still see my parents and other relatives?

Your parent(s) and the private foster carers should make arrangements for you to see your family. You can also arrange to keep in touch with your parent(s) and other family and friends over the phone, by texting or by e-mail or by writing a letter. It is also important that your parent(s) keep in touch with the private foster carers to make sure you are being well cared for.

What will it be like living with private foster carers?

Private foster carers should look after you as if you were their own child.

They should:

• make sure you are well cared for and as happy as you can be
• help you to stay in touch with your parent(s) and your family through visits, phone calls, texts, e-mails or letters
• make sure you are going to school or college
• take you to the doctor or hospital if you aren’t well
• give you the chance to make friends and as far as possible, enjoy the activities you like
• respect the things that are important to you, like your religion and customs.

What about social services and social workers?

The law says that the Bexley Children’s Social Care must make sure that you are safe and well cared for. Social workers make sure that children and young people are being cared for properly. They will visit you at least every six weeks in the first year that you live with private foster carers. After that, visits will be every 12 weeks. They will talk to your private foster carers to see if they need any help, and to your parent(s) to make sure they know that you are alright

What if I’m not happy, don’t feel safe or have a problem

You can contact your social worker on Bexley’s Children’s Social Care: 020 3045 5440. Don’t worry if you find it hard to talk to your social worker about the things that are worrying you. The most important thing is to make sure you have someone to talk to.

You may find it easier to talk to someone you see every day, like your teacher. If you don’t want to talk to someone you know, there are websites and telephone numbers you can ring for people you can talk to about the things that are worrying you. We have put the numbers on the back of this leaflet.

Useful telephone numbers:

• Bexley’s Children’s Social Care: 020 3045 5440
• Childline - phone 0800 11 11 (freephone) You can ring this number and talk to a counsellor about any problems. This is a free 24-hour helpline for children and young people. Or contact someone through the website - www.childline.org.uk
• NSPCC - phone 0808 800 5000 You can ring this number if you are having someone about what is worrying you.
• Children’s Rights Director - 0800 528 0731 rights and a way for you to be heard or have a look

Private fostering is an arrangement made by parents (or those with parental responsibility for a child) for someone to care for their child because they are unable to do so. Sometimes a young person has chosen to live elsewhere. If they are under 16 (18 if disabled) and living with someone who is not a close relative for 28 days or more, this is also called private fostering.

There are many reasons for a child being privately fostered.

It may be because:

• a parent is ill
• a parent is in prison
• a parent is going abroad
• the relationship between the parent and young person has broken down
• family crisis or bereavement
• parents might be studying or working long hours
• a child has come from another country to study English privately or at a language school for more than 28 days
• a child has come to England as a refugee
• Private foster carers can be
• extended family members such as great-aunts, great-uncles, cousins.
• someone who is called ‘aunt’ or ‘uncle’ but is not actually related to the child’s parents
• someone who is not married to the child’s mother or father but is a partner or ex-partner
• a friend of the family who has offered to help

If you are a close relative of the child, that is a grandparent, aunt, uncle, step-parent (by marriage or civil partnership), sister or brother, then you cannot be their private foster carer. Not everyone who looks after someone else’s children is a private foster carer. If the local authority/council has formally asked you to care for the child then this is not a private fostering arrangement and you will not be considered a private foster carer.

What should I do next?

The law requires anybody who is privately fostering a child, or who is intending to do so, to notify Children’s Social Care. If you are already caring for a child under a private fostering arrangement you must notify Children’s Social Care immediately.

If you are planning to foster a child privately you must give Children’s Social Care at least six weeks’ written notice. When the child comes to live with you, you must notify Children’s Social Care within 48 hours. In every case you must give Children’s Social Care information about yourself, the child or children you are proposing to foster, when the arrangement is due to start and how long it will last for.

Why does Children’s Social Care have to be involved?

Children’s Social Care have a legal duty to make sure that the welfare of all privately fostered children is safeguarded and promoted and that they are living in safe and suitable surroundings. Children’s Social Care give advice to parents, private foster carers and any child who is being privately fostered.

In a private fostering arrangement, the parent retains parental responsibility. This means that the parent still has to make all the important decisions such as where the child is educated, what medical treatment the child can have, and whether the child can travel abroad with you. A private foster carer cannot change the child’s name. Children’s Social Care will allocate a social worker who can advise you about and other services available to help with the care of the child.

What happens next?

Once Children’s Social Care have been told of the proposed arrangement, a social worker will visit you, the child and the child’s parents to discuss the plan.

They will need to check:

• your suitability as a private foster carer - including anyone else in the household who is over 16
• suitability of the premises where the child will be living
• duration of the arrangement
• the child’s wishes and feelings about the arrangement
• arrangements made for the child’s health and educational needs
• arrangements made for contact between the child and their parents

The social worker will ask you to sign forms that allow Children’s Social Care to carry out reference checks with the Disclosure and Barring Service, probation service, local council, GP and education authority to make sure that suitable adults will look after the child. Everyone living in your household who is 16 or over will need to be checked against Disclosure and Barring Service records.

If you or others in your household do not agree to this, then we will not be able to check whether you are suitable to be a private foster carer and this may prevent us from agreeing the placement.

The social worker will write a report (assessment) about the arrangement and will include the information you have given. Children’s Social Care will make a decision about your suitability to be a private foster carer and send you a letter telling you what the decision is.

What happens if the placement is not agreed?

Children’s Social Care can prevent you from being a private foster carer if it is considered that you or your accommodation is not suitable, or if it would be prejudicial to the welfare of the child. If so, we will tell you in writing. If you wish to appeal against this decision, you should do so within 14 days of contact Children’s Social Care to attempt to resolve the disagreement. If you cannot resolve this with Children’s Social Care you may appeal to the Family Proceedings Court within 14 days of being notified of our decision. We may also decide that there should be a limit on the number of children that you should be allowed to foster privately, or that we should impose requirements about the accommodation writing and you will have the same right to appeal against this decision as above.

If the placement is not agreed, parents will be told to make alternative arrangements for the child.

What happens when the private fostering arrangement is agreed?

If the private fostering arrangement is agreed, a social worker will visit you and the child regularly and keep in touch with the child’s parents for as long as the arrangement lasts, or until the child reaches 16 (18 if disabled). If the placement comes to an end and you later decide to foster another child privately, you must give fresh notice to Children’s Social Care.

Making the private fostering arrangement work

It is important to work with the child’s parents and the social worker to make sure things go smoothly. Keeping a child’s routines, having their own possessions and having some structure helps them to settle into their new surroundings.

The child’s parents must give you and the social worker an address and telephone number where they can be contacted at all times.

It would be helpful for you to ask the parents about any routines the child may have at home; these will help them to settle and feel more secure with you in their new home. If the child has a different cultural, religious or ethnic background from you, it will be important to give this careful consideration for instance how you will provide for the child’s particular needs, help them to understand their cultural/ religious/ethnic history and develop a positive sense of identity. You can ask the social worker for advice and sources of information. As well as getting information about the child, you should also ask for any personal items such as toys or photographs that might help the child settle into their new home.

A written agreement should be drawn up between you and the parents so that it is clear who is responsible for what. Your social worker will be able to help you with this and will provide a written agreement form for this purpose. Using the form will ensure that everyone is clear about how long contact arrangements will be between the child and their parents/family.

Financial arrangements

This should be agreed between you and the child’s parents. Children’s Social Care will not provide financial support for routine care of the child in a private fostering placement. If there are difficulties, a further assessment may be carried out. Any financial support would be provided for a specific purpose under s.17 of the Children Act 1989 and would be likely to be a one-off payment.

This information should be included in the written agreement so that everyone is clear about what has been agreed.

If you are claiming any benefits, including Child Benefit you will need to inform Work and Pensions (DWP) that you are privately fostering a child. You should also let the DWP know about any money you are receiving for private fostering.

What if there are changes to the private fostering arrangement?

The social worker will explain which changes have to be notified to Children’s Social Care.

Further sources of information and advice

• Children Act 1989
• Children Act 2004
• The Children (Private Arrangements for Fostering) Regulations 2005
• National Minimum Standards (NMS – DfES 2005) Practice Guide (PDF)
• Information on benefits and support: www.gov.uk

Helpful organisations:

• Bexley’s Children’s Social Care: 020 3045 5440
• Bexley SHIELD - Safeguarding partnership 0203 045 4320 email shield@bexley.gov.uk

What is private fostering?

Private fostering is very different from the care of children provided by local councils through approved foster carers. It occurs when a child under 16 years old (under 18 if the child has a disability) is cared for by an adult who is not a relative* on a full-time basis and provided with accommodation for more than 28 days.

Usually, a birth parent chooses and arranges for private fostering to take place.

What are common private fostering situations?

• Children living with a friend’s family as a result of parental separation, divorce or arguments at home.
• Children whose parents’ study or work involves
• unsuitable hours that make it difficult for them to use ordinary day-care or after-school care.
• Teenagers living with the family of a friend, boyfriend
• or girlfriend
• Children sent to the UK for education or health care by birth parents from overseas.
• Asylum seeking and refugee children.
• Children living with host families for a variety of reasons.

*The Children Act defines a relative as a grandparent, brother, sister, uncle or aunt. They could be a full or half relation and could be related by marriage. The term also includes a stepparent. The cohabitee of the mother or father would not qualify as a relative, nor would extended family such as great aunts, great uncles or parent’s cousins.

What are the rules governing private fostering?

Privately fostered children are safeguarded by the Children’s Act 1989 as amended by the Children Act 2004 and associated regulations. Local Authorities have a legal requirement to satisfy themselves that the welfare of children who are privately fostered in their area is being safeguarded.

There are national minimum standards for private fostering which came into force in 2005. The Commission for Social Care Inspection (CSCI) reviews the way in which a local authority discharges its duties and functions in relation to private fostering.

A child can be removed from a private foster placement if there is reasonable cause to suspect that they are suffering or could be harmed.

Birth parents must:

• ensure that the proposed fostering placement is suitable for their child and the person who will have responsibility for their child’s welfare is someone who they trust;
• inform Bexley’s Children’s Social Care at least six weeks before the arrangement begins, unless the arrangement is made in an emergency, in which case, they must tell Bexley’s Children’s Social Care within 48 hours;
• retain parental responsibility and participate in all decisions about their child;
• provide the prospective carer with as much information as possible to help them care for the child; this might include information about the child’s health, eating preferences, school activities, hobbies and religious beliefs;
• inform Bexley’s Children’s Social Care immediately if there are any changes to the arrangements, for example, if the carer moves address or the household composition changes. This is very important because if they do not inform the Council, it may not be in a position to protect the child from harm or neglect.

 Private foster carers must:

• inform Bexley’s Children’s Social Care at least six weeks before the arrangement begins, unless the arrangement is made in an emergency, in which case, they must tell social care within 48 hours of the child’s arrival;
• notify Bexley’s Children’s Social Care of any change in circumstance relating to the care of the child - for example, a change of address, a change in household composition or if the child leaves their care (the child’s new address must be given to the local authority). Again, this is important so that the Council is in a position to protect the child.

The London Borough of Bexley must:

• check on the suitability of the private foster carer through home visits as outlined in The Children (Private Arrangements for Fostering) Regulations 2005 and the National Minimum Standards for Private Fostering (DfES 2005);
• undertake relevant assessments and checks, make regular visits to the child and monitor the overall standard of care;
• will ensure that the child’s wishes, and feelings are considered.
• ensure arrangements are in place to keep a record of private foster carers and children who are privately fostered;
• ensure that appropriate advice and support to carers is made available when needed;
• provide annual statistics of the numbers of privately fostered children within Bexley to central Government.

What should you, the professional do?

Professionals working with children have a shared responsibility to work together to ensure that all privately fostered children are well cared for and safeguarded from harm.

It is vital that the local authority is made aware of all private fostering arrangements so that they can safeguard and promote the welfare of potentially vulnerable children.

Private foster carers are legally required to notify their council but many do not as they are often unaware of this requirement.

Education, health and social care professionals are often the people who are in contact with these children and can play a vital role in explaining to private foster carers and parents their duty to notify the local authority of their private fostering arrangement.

If you know a child is being privately fostered, encourage the parent or carer to notify Bexley’s Multi-Agency Safeguarding Hub (MASH) on 020 3045 5440.

In addition, you should give the parent or carer the leaflet: ‘Private Fostering in Bexley A Guide for Parents and Carers’. You may need to follow this up and notify Bexley’s MASH yourself if you feel that Bexley’s Children’s Social Care hasn’t been informed.

If you have concerns about a child’s welfare, you should contact Bexley’s MASH on 020 3045 5440

How private foster carers can get support

Private foster carers may approach Bexley’s Children’s Social Care for advice on caring for the children they are privately fostering, and they can also approach organisations such as those listed in this leaflet for advice and support.

There may, in certain cases, be help available under the Children Act for children deemed to be “in need of services”.

Private fostering is a private arrangement between parents and someone who is willing to look after their child. Parents usually pay the private foster carers for looking after their child and financial arrangements should be agreed before the child is privately fostered. Sometimes parents do not make financial contributions and in such cases the private foster carer is able to claim benefits on behalf of the child and apply for other benefits.

 Further sources of information and advice

• Children Act 1989
• Children Act 2004
• The Children (Private Arrangements for Fostering) Regulations 2005
• National Minimum Standards (NMS – DfES 2005) Practice Guide (PDF)
• Information on benefits and support: www.gov.uk

Helpful organisations:

• Bexley’s Children’s Social Care: 020 3045 5440
• Bexley SHIELD - Safeguarding partnership 0203 045 4320 email shield@bexley.gov.uk