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> Private fostering
> Variations in England, Northern Ireland, Scotland and Wales
> The Victoria Climbié Inquiry
> House of Commons Home Affairs report on immigration
Private fostering
Private fostering is defined in the Children Act 1989 as a child under the age of 16 (or under 18 if disabled) being placed for 28 days or more in the care of someone who is not the child's guardian, or close relative, by private arrangement between parent and carer.
It is difficult to say how many children are privately fostered, although some estimates suggest that as many as 10,000 children may be living in this type of placement. There is a growing concern that privately fostered children and young people do not receive the services and protection that they are entitled to.
The risks involved in private fostering received widespread media coverage following the death of Victoria Climbie in 2000. Victoria was privately fostered by her great-aunt and Lord Laming's report into her death recommended that the Government review the law regarding registration of private foster carers.
Also see:
England
Part IX of the Children Act 1989 states that either the private foster carer or the birth parent must inform the local council of the arrangement at least six weeks in advance, and that the local council must check the suitability of the private foster carers and make regular visits to the child. The council also has the power to remove a child from a private foster care placement if there are concerns for the child's welfare.
From the 1st July 2005 these regulations will be replaced by The Children (Private Arrangements for Fostering) Regulations 2005 which form part of the Children Act 2004.
Part 5 of The Children Act 2004 2004 includes provisions for the establishment of a registration scheme for private foster carers in England.
A Department of Health booklet (pdf) on private fostering outlining the issues and responsibilities for carers, parents and professionals.
The Commission for Social Care Inspection has published a report examining children's views of the Government's proposals changing the way councils check private fostering agreements. Read the press release or download the full report (pdf format) from the CSCI website.
Northern Ireland
Part X of the Children (Northern Ireland) Order 1995 sets out the provisions relating to private arrangements for fostering children. Trusts must be notified in advance of any private fostering arrangement in their area, and although parental responsibility rests with the birth parent the, Trust must safeguard and promote the welfare of privately fostered children.
Full details of legislation and requirements relating to private fostering are set out in the guidance and regulations publication on family placements and private fostering.
Scotland
The provisions for provisions relating to private arrangements for fostering children are set out in the Foster Children (Scotland) Act 1984 and the Foster Children (Private Fostering) (Scotland) Regulations 1985. These state that the private foster carers have a duty to inform the local authority of the arrangement and the local authority has a duty to check that the arrangements are satisfactory and to monitor the placement. Under the Regulation of Care (Scotland) Act 2001 the Care Commission has become responsible for the regulation of Local Authorities' functions with regard to private foster care arrangements. As yet no date has been given for the commencement of registration and inspection, and National Care Standards for Private Fostering have not yet been produced.
Private fostering policy in Scotland is currently being reviewed by the Adoption Policy Review Group. The discussion paper on legal issues 'Choices for Children in Fostering and Adoption' outlines the present situation regarding private fostering arrangements, and poses questions for discussion.
Wales
Part IX of the Children Act 1989 states that either the private foster carer or the birth parent must inform the local council of the arrangement at least six weeks in advance, and that the local council must check the suitability of the private foster carers and make regular visits to the child. The council also has the power to remove a child from a private foster care placement if there are concerns for the child's welfare.
Part 5 of The Children Act 2004 includes provisions for the establishment of a registration scheme for private foster carers in Wales.
The Personal Social Services Statistics Wales 2003 show that 56 children were being privately fostered in the 49 private foster homes were known to the Welsh authorities at 31st March 2003.
A Welsh Assembly booklet on private fostering outlining the issues and responsibilities for carers, parents and professionals.
The Victoria Climbié Inquiry
Inquiry report - published 28th January 2003
Lord Laming's report of the Inquiry into the death of Victoria Climbié was published on the 28th January 2003. Click to read the report
Read BAAF's comments on the publication of the report
Read BAAF's contributions to the Victoria Climbie Inquiry:
Keeping Children Safe - published 8 September 2003
Keeping Children Safe, a detailed response to the practice recommendations made by Lord Laming in the report following his inquiry into the death of Victoria Climbié, was published by the DfES on 8 September - along with the Green Paper Every Child Matters.
See all the extracts from 'Keeping Children Safe' that are relevant to private fostering (pdf).
You can access the full 'Keeping Children Safe' report from the Every Child Matters website.
The Victoria Climbié Memorial Address - 19th May 2004
This address (pdf) was delivered at the Institute of Education by Felicity Collier, BAAF's Chief executive.
House of Commons Home Affairs Select Committee on immigration
BAAF was asked to report on immigration and private fostering. View the report as a PDF
Link to the House of Commons Home Affairs information website
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