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A key element of working with neglect is recognising how parents’ own trauma and life experiences can affect the level of care they are able to provide for their children. At times, when pressures become overwhelming, families may arrange for their children to stay with someone who is not a close relative. When these living arrangements continue beyond a certain length of time, they are classed as Private Fostering.
When responding to neglect, we need to understand what private fostering involves and what our responsibilities are when we become aware that a child is living away from their immediate family.
Private fostering is where a parent is making an arrangement to have their child cared for by someone who is not an approved foster or kinship carer or guardian of the child and who is not a close relative of the child (i.e. not a grandparent, brother, sister, uncle or aunt whether by blood or by affinity (i.e. by marriage)), for more than 28 days.
(There have been a couple of instances reported where approved foster carers have been involved in private arrangements).
Section 1 of the Foster Children (Scotland) Act 1984 ("the 1984 Act") provides that, subject to section 2 of that Act, a child is a foster child if he or she is below the upper limit of the compulsory school age and his or her care is undertaken by a person who is not a relative or guardian. Sections 16 and 17 of the 1984 Act extend the application of the Act to certain other children in the circumstances described in those sections.
Section 2 of the 1984 Act provides for several exceptions to section 1. For example, a child is not a foster child while he or she is being looked after by a local authority (section 2(1)).
Section 21 of the Act defines the term "relative" )
In a private fostering arrangement, there will therefore be no statutory order in place, children's services involvement or registered fostering agency involved in placing the child with the other person i.e. the child is not defined as a "Looked After Child".
Some areas of confusion:
‘Be safe, be sure Private Fostering in Scotland Practice Guidance for Local Authority Children’s Services’ Private Fostering in Scotland Practice Guidance for Local Authority Children's Services
Private fostering in Scotland: practice guidance for local authority children's services - gov.scot
Contact the Social Work Contact Centre saying you would like to inform the council of a private fostering arrangement. Contact them via the Social Work Contact Centre (03451 551503).
This notification triggers the council’s statutory duty to assess the suitability of the existing or proposed arrangements. A social worker will link with you to gather and explore all the information you have shared/submitted.
The social worker will also visit the families and children involved in the private fostering arrangement to make sure it is a safe place for the child to live and offer advice and guidance on support available.
