Skip to content
Company Logo

What happens if an allegation is made against me or my family?

Standards and Regulations

Related guidance

As corporate parents, Southampton City Council, have the clear duty to ensure that all Looked after children receive the best care possible to meet their needs and as such it is responsible to ensure that any concern / complaint / allegation made against a foster carer is investigated in the most appropriate manner to safeguard looked after children.

The duty of Children’s Service to conduct section 47 child protection enquiries when there are concerns about significant harm, applies to the same basis to children who are in foster care as it does to children who live with their own families.

Caring for another person’s child in a foster home is not easy. Many children in the looked after system have experienced abuse and neglect; because of their difficult life experiences many display behaviours that can sometimes put foster carers at risk of facing allegations at some time during their fostering career.

It is essential to ensure that the child’s welfare and safety is protected as far as possible in this situation and that the carer feels supported and regularly updated throughout the process of investigation

All foster carers will receive training and guidance on how to provide a safe home environment for any children in their care and all other members of the foster family. You will also be provided with information on how to access the relevant Local Safeguarding and Child Protection Procedures It is important that, on an on-going basis, you record any incidents or concerns involving children in your care and any complaints made by the child or their family as they can provide important evidence if an allegation is made.

  • Ensure that you carefully consider the referring information from the social worker, and seek additional clarity if needed from the practitioner who accompanies the child during the initial visit or introduction;
  • Sometimes, concerns about a child will not be fully appreciated until more in-depth assessment is undertaken. Be prepared to raise any queries that you, as a foster carer, have at the Placement Planning Meeting (which should be held during the first 5 working days of the initial placement) or before if required;
  • Keep a daily record of any concerns or incidents which occur;
  • Be clear on 'house rules' and expectations around behaviour and ensure all members of the household are aware of these;
  • Develop your own Safer Caring Plan to keep everyone safe, this should consider who in the household may be vulnerable to allegations;
  • Follow the training you have received and access support from your Supervising Social Worker;
  • Make sure you have appropriate insurance cover;
  • When needed, or if you feel unsure, approach your Supervising Social Worker to ask for advice and guidance in a timely way on any concerns you may have; and
  • Work closely with other professionals, taking on board any practice advice or information provided. It is important you also share this with your Supervising Social Worker.

The process of investigation of a complaint, concern or allegation against a foster carer may well be complex. It is important therefore to be clear about the various definitions as well as the roles and responsibilities of those involved.

A concern, complaint or allegation is a formal or informal written or oral expression of dissatisfaction or disquiet in relation to the behaviour of, or the care given to a child by a foster carer or member of their household.

In order to distinguish between a concern, complaint or allegation it is important for practitioners to focus on the behaviours and issues and the corresponding seriousness with regard to child protection issues or quality of care provided. Information received about a carer may contain a mix of concerns, complaints and/or allegations. Where the information relates to a child in placement, or there are foster children in placement, it is important that discussion takes place between the relevant child care social worker/s and the fostering social worker and their managers to establish if the matter should be dealt with as a concern, complaint or allegation. If the information relates to the carer and there is no child in placement the Fostering Service Leader will make this decision.

In all cases the decision regarding the level at which the issue should be managed must be ratified by the Fostering Service Manager (or Team Manager when the Service Manager is unavailable) and the reason for this decision recorded on the carer’s file and childcare file if applicable. The LADO should be consulted and advice sought if necessary - all allegations (Level 3) must be referred immediately to the LADO.

Concern (Level 1):

Issues related to day-to-day management. For example:

  • Having a child’s hair cut without discussion with parents where this has not been delegated to the carers;
  • Quality or nature of diet, clothing or routine care and low-level discipline issues;
  • An accumulation of extremely low-level issues that individually have not met the threshold for the complaints and allegations procedure.

Complaint (Level 2):

A formal or informal complaint is made relating to but not limited to:

  • Foster carer’s parenting style and quality of care for example inappropriate discipline;
  • Quality of working with other professionals/practitioners for example failure to adhere to the child’s care plan;
  • Lack of or breach of confidentiality/unsuitable practice with regard to families - for example being discourteous towards parents;
  • An accumulation or worsening of ‘one-off’ or continuing low level concerns about day to day care.

Allegations (Level 3):

Whereby it is alleged that a foster carer has:

  • Behaved in a way that has or may have harmed a child or young person for example, physical, emotional, sexual abuse, grooming or neglect;
  • Committed a criminal offence against/related to a child or young person for example any of the above;
  • Behaved towards a child or children in a way that indicates they may pose a risk of harm to children for example, but not limited to, viewed pornographic internet sites, consumed excessive alcohol whilst with a child, engaged in domestic violence or other violent activity, is a drug user.
  • Behaved or may have behaved in a way that indicates they may not be suitable to work with children.

Common sense and judgement needs to be applied to managing the information received.

Staff and carers should be aware that any complaint, concern or allegation has the capacity to be redefined after initial referral or part way through procedure, depending on forthcoming information and may therefore require to be dealt with under a different process.

The Service Manager for the child and the Fostering Service Manager should consult with each other and discuss and agree the nature of the concern (Level 1), complaint (Level 2) or allegation (Level 3). The Service Manager for the child in consultation with the LADO will also consider if child protection procedures are required.

The Fostering Service Manager will advise the Head of Resources of any allegations or complaints without delay and, where applicable, will notify Ofsted in accordance with Fostering Regulations.

For Concerns (Level 1): the Fostering Service Manager will agree the level following consultation with the child care Service Manager where appropriate.

Complaints (Level 2) and Allegations (Level 3): With regard to these levels, the Service Managers should agree who will consult with the LADO.

A decision will be made in consultation with the LADO whether the allegation or complaint gives the department reason to believe that any child may have suffered or may be at risk of suffering significant harm. Or that a member of their household has behaved in a way that:

  • Could have harmed a child;
  • Possibility committed a criminal offence against a child;
  • Behaved towards a child or children in a way that indicates they may pose a risk of harm to children.
  • Behaved or may have behaved in a way that indicates they may not be suitable to work with children.

The LADO’s role is to provide information and guidance and to manage all reported allegations. This includes considering all the relevant concerns and facts, deciding on the next course of action in consultation with others, liaising with the referrer and all relevant parties to monitor the progress of all cases that meet the definition of an allegation or serious concern, ensuring that a named person is keeping the subject of the allegation informed of progress during and after the investigation.

During the initial discussion as much information as possible should be made available by the childcare team and fostering team for the LADO’s consideration including but not limited to:

  • Details of the allegation or serious complaint;
  • Any actions already taken;
  • Information about the legal status of the child, the responsible LA for the child, length of time in placement, contact details for key people;
  • Information about other children in placement, including carers own children;
  • Whether the carers are aware of the allegation;
  • Information about the children in the foster home;
  • Information about the carers’ record in fostering including any previous history of concerns, complaints or allegations;
  • Current issues in the placement or foster home;
  • The views of the foster carer where known;
  • The views of the fostering social worker, child’s SW and anyone relevant.

The LADO will consider if the situation does or does not meet the definition of an allegation (Level 3) and will reach a decision, along with the relevant Service Leader, with regard to the level at which the matter will be investigated.

All managers and the LADO should confirm their decision regarding the level at which the matter will be investigated within 24 hours and this should be recorded on both the carer’s and the child’s file on Care Director.

The matter may need to be referred to the police child protection unit. The LADO or Service Leader for the child will liaise with the police in line with CP procedures if appropriate.

Support for Foster Carers

The role of foster carers is a unique and challenging one. They look after some of our most vulnerable children, 24 hours a day, and it is essential that they are properly supported.

The way in which concerns, complaints and allegations are handled is an integral aspect of this. The consequences of a false or unsubstantiated complaint or allegation can have a consequence for placement stability and future fostering and therefore sensitivity as well as a thorough approach needs to be employed.

The foster carer will be informed as soon as possible that a complaint, concern or allegation has been expressed about them. However, situations where there are allegations that involve investigating the matter in tandem with child protection procedures require clarification from the Local Authority Designated Officer (LADO) and are dependent on strategy discussions before such information can be shared with the foster carer.

Contact must be maintained with the foster carer by their fostering social worker, or another member of the fostering service if more appropriate, following any concern, complaint or allegation. This is to ensure the carer, and their family members if appropriate, are provided with information and support during the investigation.

Clear boundaries must be maintained to protect the integrity of any police or Children’s Services investigation. However this should not prevent the fostering social worker offering support as soon as the foster carer is informed they are subject to a concern, complaint or allegation. The fostering service must immediately signpost the foster carer to the full range of support available to them.

This includes:

  • Fosterline - a national information and advice service available to foster carers by telephone, email or post - open 9am to 5pm Monday to Friday. Contact details are freephone 0800 040 7675, email fosterline@fostering.net PO Box 51566 London SE1 8WJ;
  • Fostering Network membership advice and support - for those foster carers have chosen to take this membership.
  • Foster Talk Independent Fostering Support Service a referral for support will be made by the Supervising Social Worker for all foster carers subject to a serious complaints (Level 2) and all allegations (Level 3). This support can provide carers and members of their household with free:
  • Information and advice about the process;
  • Emotional support;
  • Mediation and /or advocacy.
  • The Law Society can supply a list of local solicitors who are experienced in child care law or criminal law. Lists are available from: The Law Society 113 Chancery Lane London WC2A 1PL or by telephone on 020 7242 1222

Suspension:

The Fostering Service Leader should decide in consultation with the LADO if the foster carer should be suspended from taking further placements while a police investigation, enquiry by the department, or any potential review of their approval to foster is taking place. Current placements may remain if discussed and agreed with the LADO. This will be further discussed at any strategy meeting held. Foster carers should not be suspended or children removed from placement automatically or without careful thought.

Resignation:

If the carer submits their written resignation the investigation will continue in order to reach conclusions.

Informing those with parental responsibility:

Unless there is a clear justification for not doing so, which should be recorded, the presumption is that parents and those with parental responsibility should be informed about the concern, complaint or allegation and the outcome within three working days. This is the responsibility of the child’s social worker. In relation to allegations (Level 3) informing those with parental responsibility will be considered in consultation with the LADO.

Recording:

All information, conversations and management decisions should be recorded on the carer's file on Care Director in line with departmental recording practices, including child protection procedures. A summary should be provided on the child's file in order to be clear of the allegation, the level of investigation, the outcome and if the LADO was involved, that they will hold strategy meeting minutes. All recording should provide an audit trail.

If a Southampton child is living in a foster home in another Local Authority the report will be made to the LADO in that authority, who should liaise with Southampton City Council to agree who will take  responsibility for the section 47 investigation, whose procedures will be followed and what the reporting back arrangement will be.

Minor Issues:

For minor issues that arise with regard to day-to-day care by foster carers then these matters, by agreement with the Fostering Service Manager (or Practice Manager in Service Lead absence) can be dealt with immediately or during regular supervision with the carer but within one month.

This falls outside of the concerns, complaints and allegations procedures but attention to the frequency noted and recorded. Cumulatively they may trigger a concern (Level 1) process.

Practice and development issues will also be followed up via the normal review process, through supervision and post-approval training.

It is not acceptable for concerns raised about a foster carer, by any source that come to the attention of the fostering social worker or child’s social worker, not to be shared and addressed with the carer in an open and transparent manner.

Concerns – Level 1

If the issue about day to day care is more serious but still at the lower end of the spectrum and meets the concern criteria then, by agreement with their respective Service Managers, the child’s social worker and the fostering social worker should, as soon as possible, make a joint visit, to the foster carer to discuss the concern and reach an agreed solution. If the concern does not relate to a child in placement the fostering social worker will visit alone.

The foster carer should be informed of the substance of the concern as soon as possible, and within 48 hours, if they are not already aware of it (unless there are exceptional circumstances which should be recorded).

Outcome:

The outcome of the visit will be fully recorded on Care Director (both carer and child files as appropriate). The Fostering Service Manager will decide whether or not the matter can be concluded (usually in consultation with the Service Manager for the child if applicable) and recorded as a team manager decision on Care Director (both carer and child file). The outcome can be reviewed at the next carer’s review or a decision made that a review will be held sooner. Any actions or training identified through any of these processes should be followed up by the fostering social worker and checked in supervision with the carer.

If the social worker/s and their Team Manager/Service Managers/s are not satisfied with the outcome of their joint visit then a recommendation can be made to upgrade the concern (Level 1) to a complaint (Level 2) and follow those procedures.

Repeat concerns:

A number or pattern of these concerns may result in a requirement to look at them in terms of the next level i.e. a complaint (Level 2). Persistent or repeated low-level concerns about day to day care may constitute a real issue with regard to the quality of care, suitability or professionalism shown by the carer. This will be the decision of the Fostering Service Manager and where applicable child care Service Manager.

The concern, outcome of the investigation and management decision should be recorded on the carer’s chronology, on Care Director and noted on the next carer’s review report.

Complaint – Level 2 (Where there are no immediate safeguarding concerns noted at the initial stage).

Once the decision has been made (following consultation with the LADO if necessary) that the complaint does not at this stage fall within Child Protection/Safeguarding Procedures the responsibility for managing the complaint rests with the Fostering Service. The Fostering Service Manager in consultation with the childcare Service Manager/s if applicable will within two working days agree a plan to investigate the matter.

The plan to investigate will usually consist of agreeing who will gather and report back more information from the person who has made the complaint, a joint visit to the carers by the fostering social worker and the childcare social worker, if applicable, and gathering information from anyone else who may have relevant information.

The Fostering Service Leader must decide in consultation with the child care Service Leader:

  • Who will be involved in the investigation;
  • The process and timescales of the investigation; Taking into account the need for any police led investigation
  • Who will be informed or interviewed;
  • The carer’s support needs and how support will be provided;
  • Any financial arrangements if the child has left the placement;
  • Decisions and reasons regarding any child in placement;
  • Reporting back process following investigation.

Whilst being rigorous, the process of this investigation needs to be proportionate to the circumstances of the case, as complaints will vary in terms of seriousness and their impact on any child concerned. There is a balance required in terms of safeguarding children, being fair to carers and their families as well as looking at the impact on placement stability. Where the complaint is of a serious nature and may result in escalation to level 3 this should be managed in consultation with the LADO.

Advising Carers:

The foster carers should be informed of the substance of the complaint as soon as possible and within 48 hours (unless there are exceptional circumstances which should be recorded).

Once the investigation and assessment has been completed and the information gathered the investigating social worker/s should provide a report to the Fostering Service Manager and childcare Service Manager. The account given by the foster carer and their views must be thoroughly explored.

Outcomes:

Where the carer has refused to cooperate, withdrawn from the process or even submitted their resignation it is important that this process is completed and conclusions reached on the information available.

The fostering Service Manager in consultation with the childcare Service Leader/s and LADO if applicable will need to reach a judgement about whether or not the complaint is:

  • Substantiated - there is sufficient evidence to prove;
  • Unsubstantiated - there is insufficient evidence to prove or disprove (does not imply guilt or innocence);
  • Malicious - there is clear evidence to prove there has been a deliberate act to deceive and the complaint is entirely false;
  • False - there is sufficient evidence to disprove;
  • Concerns remain and standards of care need to be addressed.

Recording:

The complaint and outcome should be recorded on the carer’s chronology and on the carer’s record. The child’s file should contain recording relating to all aspects of the investigation including decisions reached and in line with departmental recording policy.

Review:

Once the investigation has concluded a decision should be made regarding the need for a review of the foster carers approval. A review of the foster carer’s approval should be carried out within 28 days. A review following a complaint should consider the foster carer’s ongoing suitability to foster and the appropriateness of the terms of their approval. The carer’s support and training needs should be fully considered.

The review should be chaired by the Independent Fostering Reviewing Officer and signed off by the Fostering Service Manager.

The Fostering Service Manager has the discretion to make a decision about whether or not the matter should be referred to the fostering panel.

Fostering Panel:

The concluding report of the investigation and the review report should be provided. The carers must be invited to attend panel.

Allegation – Level 3

Once it has been agreed that the matter is an allegation (the information raises safeguarding concerns) a multi-agency strategy discussion will take place. The strategy discussion will be organised by the Child's Social Worker where there is one and if there is not then the fostering team will undertake this role.   

In exceptional cases where immediate action may be necessary to safeguard the welfare of the child, the child's social worker and their manager may decide to request that a new placement be identified.  Head of Service agreement is required for this.

The Strategy Meeting will take place within 24 hours of the referral. The purpose of the meeting will be to decide if an investigation is necessary and, if so, how it should be carried out. The following people will be invited:

  • The manager of the team undertaking the Section 47 Enquiry;
  • The child's social worker and their manager;
  • The Designated Officer in the local authority (LADO);
  • The supervising social worker linked to the foster carer, and their manager (who will liaise as necessary with the designated senior manager within the Fostering Service)
  • The police;
  • Any other agency involved with the child or foster family;

The Strategy Meeting must consider:

  • The nature of the allegation, its source and reliability
  • Background information relating to the foster family, how long the family has been known, how many children have been placed there, the family's known strengths and weaknesses and any exceptional features about the child and the placement;
  • The involvement of other agencies, for example if the child was placed by another local authority;
  • The need to inform other agencies who use the foster home;
  • A referral to the disclosure and barring service for inclusion on the Children's Barred List. This should be considered whenever a carer is suspended from their duties;
  • The safety of all children in the household including the foster carer's own children and whether any action is necessary to protect the children including the removal of all or any of the children while the investigation is conducted.
  • How the needs of any child who has to leave the placement will be met including contact with other children in the placement.
  • How and by whom the investigation is to be conducted. (It is important that careful consideration is given to the planning of criteria when a joint investigation is recommended. In situations where the Police or Crown Prosecution Service recommend no further action then the social worker must interview the foster carers about all allegations and concerns. Interview notes must be taken and made available to future meetings and/or the Fostering Panel).
  • The time-scales for the investigation (see below) and any contingencies should timescales prove unlikely to be met.
  • How the child should be informed of the procedure to be followed and supported through the process.
  • Whether the alleged perpetrator should be asked to leave the home while the investigation is conducted and confirmation that the Chair will inform the carers of the allegation verbally and then in writing.
  • Informing the child's parents of the allegation and devising a 'communication strategy' to ensure they are kept up to-date (where this is appropriate). Also to consider, depending upon the nature of the allegation, whether this impacts upon any contact arrangements that are in place.
  • Once informed of the decision what support to offer the foster carers.
  • How reports on the investigation will be shared with the foster carers and the child or children in the placement.
  • Whether further placements should be suspended in the meantime.
  • Arrangements for reconvening the Strategy Meeting.

Whether or not the Strategy Meeting considers that the allegation or suspicion has any foundation, the matter should be investigated unless there are exceptional circumstances.

The minutes of the meeting must contain clear action points and clear time-scales for each action. The action points and timescales will be circulated immediately after the meeting. Actions agreed must be recorded and be the responsibility of named individuals.

Copies of the action points and the minutes should be held on the child's and the foster carer's records.

Any decision to take no further action following the Strategy Meeting must be clearly recorded by the decision-maker on the child's and the foster carer's records.

Advising Foster Carers:

With due regard to any police advice the foster carer should be informed of the substance of the allegation as soon as possible and within 48 hours (unless there are exceptional circumstances which should be recorded). The foster carer should receive the following information:

  • The substance of the allegation.
  • Who will be involved in the investigation.
  • The process and timescales of the investigation.
  • Who will be informed or interviewed.
  • Details of support available including the right to independent support, legal advice and representation and how this can be obtained.
  • Know the reasons for the removal of children if applicable.
  • Any financial arrangements if the child has been removed.
  • The current status of their approval as foster carers.
  • How to communicate with the fostering service during the investigation.

Where considered appropriate by those at the Strategy Meeting, the foster carers should be given the opportunity to respond to the allegations before any final decision is made about necessary action to protect the child and other children in the household. Such protective action may include asking the person against whom the allegation has been made to leave the household while the investigation is conducted.

Any decision to suspend making further placements with the foster carer while the investigation is being conducted should be communicated in writing to the foster carer by the manager of the fostering service.

Those supporting the foster carers must contact the foster carers as soon as practicable after the foster carers are made aware of the allegation and explain their role. They must make clear their responsibility to report to the local authority, the Police and in some circumstances to the Court if any information relevant to the investigation comes to their attention. They must inform foster carers on how they will be supported and paid whilst they are under investigation.

Review Strategy Meeting/s:

Review Strategy Meetings will be held until an outcome is reached. The Review Strategy Meeting will review actions identified in the initial Strategy Discussion and will usually be chaired by the LADO who chaired the initial Strategy Meeting. The purpose of this meeting is to review actions identified in the Strategy Meeting and agree further action

Outcome:

Once the investigation and assessment has been completed and the information gathered the investigating social workers should provide a report to the Service leader for Fostering. The foster carer’s account and views must be thoroughly explored.

The Fostering service leader, in consultation with the LADO will need to reach a judgement:

  • The allegation is regarded as substantiated and evidenced;
  • The allegation is unsubstantiated;
  • The allegation is false;
  • The allegation is malicious.

At the conclusion of the investigation a clear and comprehensive written summary of the allegation, including details of how the allegation was followed up and resolved, a record of any action taken and the decisions reached must be provided to the foster carer within 10 working days. A copy should be placed on the carer’s file as well as on any relevant child’s file.

Where the allegation is unsubstantiated but concerns remain, or standards of care need to be addressed, these issues should be dealt with separately by the Fostering Service Leader as a (Level 1) concern or (Level 2) complaint.

Household Review:

Once the investigation has concluded a review of the carer’s approval should be undertaken within 28 days.

Fostering Panel:

The matter should then be referred to the fostering panel for consideration and a further recommendation to the agency decision maker.

Recording:

The allegation and outcome should be recorded on the foster carer’s chronology and on the carer’s file. The child’s file should contain recording which summarises the investigation including decisions reached.

Referral to OFSTED:

The Fostering Service Leader in consultation with Head of Resources will complete a referral to OFSTED in line with The Fostering Service Regulations 2011.

Where carers are subject to an allegation and a child/ren living with them are moved as a result, the carer will continue to receive the maintenance allowance and any skills fees normally paid for the child/ren for a period of up to 28 days. If the decision is made not to return the child within that timeframe, payments will cease immediately. This is intended to ensure that carers do not suffer undue financial hardship because of an allegation having been made against them and supports the possibility of the child/ren returning to their care. Should an investigation still be ongoing after the 28-night period, the Fostering Service Manager must agree any continuing payments to the foster carers.

See also: Reviewing My Approval and Appeals Procedure.

If, as a result of the investigation into any allegation, the Fostering Service identifies that you should no longer be a foster carer, or seeks to change your category of approval, and you are unhappy with this, you can challenge this decision by making a representation in writing within 28 days to the fostering service provider or the Independent Review Mechanism (IRM) (see: Information about the IRM for Foster Carers).

Last Updated: October 31, 2024

v20