Private fostering - a guide for professionals in social care, health and education

A 'privately fostered' child is a child or young person aged under 16 (or under 18 years if they are disabled), who is cared for by an adult who is not their:

• parent
• relative*, i.e. grandparent, brother, sister, uncle, aunt or stepparent
• legal guardian

A child is considered 'privately fostered' only if he/she has been living away from home for more than 28 days, or the arrangement is going to last for more than 28 days.

*The Children Act defines 'relative' in relation to a child 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 step-parent. A cohabitee of the mother or father would not qualify as a relative, neither would extended family such as great aunt/uncle or parent's cousin.

A child looked after by the local authority is not a privately fostered child.

Privately fostered children could include:

• adolescents that have to live away from their family as a result of separation, divorce or disputes at home
• teenagers living with the family of a girlfriend or boyfriend
• children sent to this country for education or health opportunities
• cultural exchange students
• children from overseas whose parents are studying or working during unsociable hours, which make it difficult for them to use ordinary child care provisions
• unaccompanied asylum seeking children
• any child whose parents have made a private arrangement for them to be looked after by someone else.

Studies show that local councils are often not being notified about private fostering arrangements, despite this being an offence under the Children Act 1989. When they are notified, it is nearly always after the fostering has started. It is vital that our children's services are aware of such arrangements so that they can safeguard and promote the welfare of potentially vulnerable children. Ideally, notification should come from the carer and parent, but education, health and social care professionals can also play an important role, as they are often the people who have the first contact, for example children registering with a local GP or moving into a new school.

It is only by working together that we will be able to make sure that all privately fostered children get the quality of care they deserve.

• Private foster children are safeguarded by the Children Act 1989 (Part IX)
• Children Act 2004
• Children (private arrangements for fostering) Regulations 2005
• Private Fostering National Minimum Standards July 2005

The regulations require that the local authority must satisfy itself that the arrangements for private fostering are acceptable and that the foster carers are suitable. The local authority does not register or approve private foster carers. They are required to visit the child in the private foster home and can prohibit private fostering in certain circumstances.

There are some people who are disqualified from private fostering because they or a member of their household are disqualified under the "Disqualification for Caring for Children Regulations" (England) 2004.

The parent

• Notify the local authority of the intended arrangement in writing or within 48 hours of it taking place, giving written permission for medical treatment in an emergency.
• Talk to the foster carer to ensure he/she will care for your child as you would wish.
• Maintain your child; make appropriate financial arrangements with the carer.
• Agree the arrangements for seeing and talking to your child.

The private foster carer

• Notify the local authority of the intended arrangement in writing or within 48 hours of the arrangement taking place.
• Allow a social worker to visit the private foster home and see the child. Provide information as required. Allow the social worker to inspect your premises and make reasonable recommendations. Report any changes in your household.
• Comply with any legal requirement. For example Disclosure and Barring Service (DBS) checks are done on all those in the household aged 16 and over, not just adults.
• Make an agreement with parents about their expected level of involvement in the day-to-day care and decision-making about their child.
• Promote the child's welfare in your home.

The local authority

• Visit and make an assessment of the suitability and safety of the home placement.
• Carry out Disclosure and Barring Service (DBS) checks on private foster carers and any person aged 16 and over the household.
• Keep birth parents informed about the outcome of the assessment, DBS checks and visits.
• Monitor the child's welfare and any changes in the household composition.
• Offer carers the opportunity to get involved in local foster carer training and support.

There are some people who are disqualified from private fostering because they or a member of their household are disqualified under the "Disqualification for Caring for Children Regulations" (England) 2004.

If you believe that a child is being privately fostered you should notify us by contacting the Multi-Agency Safeguarding Hub (MASH) on 0300 456 0108. For general questions and consultation please call the kinship and fostering team on 01225 716510 or email kinshipduty@wiltshire.gov.uk (opens new window).

If you have concerns that a child may be at risk of harm you should follow your local child protection procedures. For more information on child protection visit our website at https://www.wiltshire.gov.uk/children-young-people-protection.