Foster Care System
Guide to Foster Care - Part Three
You will hear people refer to the foster care system, but do you know what it means? If you are considering the idea of fostering children, it is essential to have some understanding of what the system is and how it works.
Recent government figures show that foster children represent over 75% of all looked after children? Most have experienced risk, neglect, or some form of abuse. Some enter the foster care system for other reasons too. Bereavement, family breakdown, and parent illness are typical examples.
enjoy the FCM Top Ten
Receive the 10 best pieces of content we find about fostering each month.
What Is the Foster Care System?
Think of it as the purposeful structure that’s in place to meet the needs of children who can’t remain living with their parents. A complex network of services and professionals that work together, within a legal framework.
Recent government figures show that foster children represent over 75% of all looked after children? Most have experienced risk, neglect, or some form of abuse. Some enter the care system for other reasons too. Bereavement, family breakdown, and parent illness are typical examples.
It’s not always easy to meet the care needs of children who’ve endured such traumatic childhood experiences. Many of them also have to cope with the deep sense of loss caused by the separation from their parents.
How Does The Foster Care System Work?
You can’t be expected to know everything about how the foster care system works because it’s a vast topic. But here’s a summary of some critical aspects.
The Legal Framework
Foster care is well regulated, as you’d expect. The legal framework includes statutory guidance, fostering regulations and National Minimum Standards. They all influence and govern how local authorities and independent agencies organise foster care.
Ofsted (Office for Standards in Education, Children's Services, and Skills)
Ofsted inspects and regulates services that care for children and young people, and services that provide education and skills for learners of all ages.
Care Inspectorate (Scotland)
The Care Inspectorate regulate and inspect care services in Scotland to make sure that they meet the right standards and safeguard people.
Care and Social Services Inspectorate (Wales)
The Care and Social Services Inspectorate regulate and inspect to improve adult care, childcare and social services for people in Wales.
Care Inspectorate (Scotland)
The Care Inspectorate regulate and inspect care services in Scotland to make sure that they meet the right standards and safeguard people.
Local Authority Responsibility
When it appears that a child’s care needs aren’t being met at home, the local authority must act. To begin with, they try to work with parents to put things right. If issues remain, there are two main options:
- A child can go into care with the agreement of their parents
- The local authority can apply to the courts for a care order
Under the Children Act 1989, a council can apply for a care order. This usually happens if they believe a child is suffering, or at risk of suffering significant harm. A Care Order (given by a court) allows a council to take a child into care.
In UK law, children in care are also called ‘looked after children’. The exact definition of a ‘looked after’ child is different in England, Wales, Scotland, and Northern Ireland.
If a local authority believes that a ‘looked after’ child’s needs can be best met by foster care, they are responsible for placing them with a suitable foster family. For long-term placements, local authorities are expected to have a mechanism in place for this matching process.
Fostering Agencies
There are three main types of fostering agencies: Those based in local authority departments, independent agencies, and private fostering agencies. Most deliver mainstream foster care while some also offer specialist services. These specialist services include things like parenting assessments and contact supervision.
Local Authority
Local Authorities recruit and train their in-house foster carers. They then try to match children with appropriate foster families. In practice, there are not enough foster carers. So, most local authorities rely on the help of independent fostering agencies.
Private & Independent Fostering Agencies
Private and Independent Fostering Agencies also recruit and train foster carers. They help to enrich the choice of fostering placements. Their approved carers provide placements (through their agency) for local authorities.
Social Workers
When a child moves to long-term foster care, the plan is for them to remain with their foster family for many years. It could be until they become adults and leave care or move on to independent living. The aim is to provide a safe, stable environment where they have the opportunity to realise their potential.
Children’s Social Workers
Although it’s called ‘long-term foster care’, the emphasis isn’t on the duration. The term relates more to the long-term plan for the child’s upbringing (permanence).
Supervising Social Workers
In 2015, new regulations and statutory guidance came into force in England. These introduced a legal definition of long-term foster care. A range of options for permanence exist, and this new definition reflects the importance of foster care as one of those options.
Foster Carers
Foster carers play a central role within the foster care system in providing family-based care and work at the heart of the foster care system. They are part of a skilled team around the child delivering day-to-day care, and their role can vary according to the needs of each child.
Besides delivering day-to-day care, foster carers also advocate for their foster children. Supporting and caring for them in a similar way to how many parents would.
Every foster carer must be approved by, and registered with a fostering service provider. It can be an independent or local authority fostering agency, but they can only register with one fostering agency at a time.
Parents
When a child is the subject of a care order, the local authority has legal responsibility for them. They make decisions about things like where a child lives. Parents still have parental responsibility. But, the local authority can limit that responsibility if they believe it to be in the interests of a child’s welfare.
The Government guidelines state that parents should be involved in decisions about their child’s care. Where possible, they are encouraged to attend statutory meetings such as LAC Reviews and PEP Meetings.
IRO (Independent Reviewing Officers)
Local authorities must appoint an Independent Reviewing Officer (IRO) for any child who they are looking after. There are two main aspects of their role: to chair a child’s LAC review and to monitor their case on an ongoing basis.
They are required to oversee the child’s care plan and ensure everyone contributing to the plan fulfils their legal obligations to the child. Ultimately, they have the authority to refer a case to CAFCASS if they consider it necessary.
SENCO (Special Educational Needs Coordinator)
A SENCO is responsible for the day-to-day operation of a school’s SEN policy. The Special Educational Needs Policy is an important document that must reflect the statutory requirements and the actual practice of the school.
All mainstream schools must appoint a teacher to be their SENCO. They work with the head teacher and other teachers to try and develop effective ways of overcoming barriers to a child’s learning.
SENAR (Special Educational Needs Assessment and Review Service)
The Special Educational Needs Assessment and Review Service are responsible for coordinating the statutory assessment process that can lead to an Educational Health and Care Plan (EHCP).
VSH (Virtual School Head)
The role of the Virtual School Head became statutory in 2014. They are the lead officer responsible for improving educational outcomes for ‘looked after children’.
Statutory Meetings
The law dictates that some meetings must take place within specified timeframes. The three that you see the most are LAC reviews, PEP meetings, and EHCP Reviews.
LAC Reviews (Looked After Child Meeting)
All looked after children have a statutory care plan. It is drawn up by their local authority. A LAC review is a statutory meeting attended by all relevant parties involved in a child’s care. It is held to share information and ensure that a care plan is still appropriate to the child’s needs.
PEP Reviews (Personal Education Plan)
A Personal Education Plan review is a statutory (school-based) meeting to plan for the education of a child in care. It helps to ensure that everyone is actively prioritising the education of a child. As with LAC reviews, all relevant parties involved in a child’s care (including parents and the child) can attend.
EHCP Reviews (Education, Health and Care Plan)
An Education, Health and Care Plan (EHCP) – formerly a Statement of Special Educational Needs (SEN) – is an official document that records a child’s special needs. It is each local authority’s statutory duty to complete an annual review for every child or young person with an EHCP in place.
The Foster Care System is the 3rd part of the 6-part Guide to Foster Care. Part 4 explains the role of Fostering Agencies.
If you found this helpful, share it with others on your favourite networks… 