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Guidance DocumentPrivate Fostering Escalation Guidance


Document ControlDocument Title: Private Fostering Escalation Guidance

Summary

Publication Date

Related Legislation / Applicable Section of Legislation Children Act 1989

Related Policies, Strategies, Guideline Documents

Tri X CSC Procedures GM Safeguarding Procedures

Replaces

Joint Guidance Document (Yes/No) No

Name of Partner(s) if joint RBSCB

Guidance Document Owner (Name/Position)

Guidance Document Author (Name/Position) Christine Foster (Service Manager, Safeguarding)

Review of Guidance Document

Last Review Date January 2018

Review undertaken by Christine Foster

Next Review Date January 2019

Document ApprovalsThis document requires the following approvals.

Name Title Date of Issue Version Number

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Contents Page

Section / Sub Section Page1 Introduction 22 Guidance 43 Escalation Process 54 Compliments and Commendations 105 Monitoring and Reporting 106 Guidance Document Review Date 117 Supporting Documents 118 Appendices 119 Private Fostering Escalation Form 1210 Private Fostering Compliments and Commendation

Form 16

1. Introduction

Effective working together depends on resolving disagreements to the satisfaction of

workers and agencies and a belief in a genuine partnership and joint working to safeguard

children. The principle and focus of escalation is to achieve resolution at the lowest

possible level so that everyone is satisfied with the outcome for children and families.

The Private Fostering Escalation Guidance is included in the Safeguarding Procedures and

should be read in conjunction with the Resolving Professional Disagreements / Escalation

Policy (Chapter 2.5).

This Guidance outlines the principles and process surrounding the requirement to develop a

formal process for the Independent Reviewing Officer responsible for reviewing Private

Fostering to escalate concerns in relation to key areas as part of their Quality Assurance

role.

The Guidance recognises that it is a key function of the Chair:

To quality assure the Private Fostering process in all areas

To ensure that unsafe or poor practice is highlighted to an appropriate manager

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To ensure that actions resulting from the Private Fostering assessment are

completed within timescales

That if actions are not completed in a timely manner they are escalated to ensure

that there is no drift or delay in decision making for the child

To ensure Private Fostering arrangements are based on appropriate assessment

and analysis and that thresholds are applied consistently.

Private Fostering is defined by the Children Act 1989 as a child under the age of 16 (or 18 if

the child has a disability), who is cared for and provided with accommodation by an adult

who is not: -

A parent

A relative as defined by the Children Act 1989 e.g. a grandparent, aunt, uncle,

brother, sister (whether of the full or half blood or by marriage or civil partnership)

step parent.

Private Foster Carers may be from the extended family, if they fall outside of this definition,

e.g. cousin or great aunt / uncle. The definition will only apply if the arrangement is

intended to last for at least 28 days, or has already exceeded this length of time.

A Cared 4 Child placed in a residential home, hospital or residential school (where they are

receiving full time education) is excluded from the definition.

In a Private Fostering arrangement, the parent retains Parental Responsibility.

A child under 16 years of age, who spends more than 2 weeks in residence during holiday

time in a school, become privately fostered children for the purposes of the legislation

during that holiday period.

The Private Fostering Procedure is located within the Tri X Procedure Manual and includes

key information with regard to notification requirements and timescales, actions to be

undertaken post notification, assessment, financial support, limitations and requirements,

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prohibition and disqualification, monitoring and the review of Private Fostering

Arrangements.

Rochdale has a dedicated Independent Reviewing Officer who is responsible for reviewing

all Private Fostering Arrangements within the Local Authority. Each child who is deemed to

be Privately Fostered will have an allocated social worker who is responsible for undertake

key statutory duties and will report to the Review which will be held on a 6 monthly basis.

Private Fostering Arrangements are recorded under a Child in Need Plan. Each review

should consider the continued suitability of the Private Foster Carer and the placement.

The Independent Reviewing Officer’s role is to quality assure all aspects of the Private

Fostering Arrangement process and escalate any concerns or issues following the Review

Process or at any time within the review period.

Rochdale Borough Council and Rochdale Safeguarding Children Board recognise the need

for both the independence of Chairs and also for there to be a clear and transparent

process which encourages chairs to exercise that independence in the quality assurance of

the conference process and where appropriate to escalate concerns.

2. Guidance

This procedure should be applied by the dedicated Private Fostering Independent

Reviewing Officer fairly and equitably and should not be used to blame or as a lever for one

agency over another, where there are differing views. It must be applied across all

agencies, within the context of a commitment to learning, developing and building up

working relationships to deliver the best practice so that children are guaranteed the best

outcomes.

The IRO is responsible for: -

Promoting the voice of the child

Reviewing the suitability of the Private Foster Carers

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Review the suitability of the placement

Ensuring that actions identified are being undertaken in a timely manner.

Avoiding drift and delay in planning

The independence of the IRO is essential to enable them to undertake the above

responsibilities and effectively challenge poor practice.

There are two types of concerns that the Private Fostering Independent Reviewing Officer

(PFIRO) may need to escalate, Procedural and Practice

Procedural concerns relate to issues such as, but not exclusively to:

Adherence to timescales

Appropriate planning processes are used in line with the threshold of need

Correct forms are being used / completed

Reports are being submitted on time

Adherence to procedures

It is recognised that issues in relation to Procedure may also indicate poor practice and may

need to be escalated through the Practice Escalation Process.

Practice issues relate, but not exclusively to:

Quality of reports (content, breadth, presentation)

Quality of assessment (information available, evidence of inclusion of key individuals

including parents and children)

Quality of analysis (informed by knowledge, theory, legal framework)

Decision making and intervention (timely, proportionate, appropriate to level of risk

and or need)

Escalation / Dispute Process

Procedural

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Initial concerns about adherence to procedures should be resolved in an informal manner.

This may be through the PFIRO speaking directly to the key worker from an agency or their

manager, providing advice or sign posting where appropriate. It is hoped that issues in

relation to procedures will be quickly and easily resolved and it is not envisaged that formal

processes will be used.

The informal process will take place prior to the Review, in an attempt by the Chair to

resolve issues arising out of their preparation in order to support the Private Fostering

Arrangement process and ensure timely outcomes for the child or young person.

Where the PFIRO has attempted to resolve issues at the informal level and has not

received a response or, in the Chair’s view, without satisfaction, should formal processes be

followed to ensure adherence to procedures. It is good practice for the PFIRO to notify the

Allocated Worker or Manager where they are identifying the need to go into the Formal

Process.

The PFIRO should ensure that they are clear in explaining their escalation for example, lack

of sufficient information contained within the report to support decision making or plan

incomplete when information is missing or not updated. Where documents have not been

signed this raises concerns regarding management oversight.

Formal Process

1. PFIRO to inform the worker that they need to formally raise an issue with the Manager of

the agency representative. The Private Fostering Escalation Form will then be

completed and the PFIRO will add a case note to formally record the escalation. The

Chair will ensure that they are formally raising concerns. The Chair will ensure that the

Practice Manager (Safeguarding) is also made aware of the formal escalation process

and the reason by sending a copy of the form.

2. If any agency receives a formal escalation from the PFIRO they should respond within 5

working days, outlining any action they will take. This may include further discussions

with the Chair to try and resolve the issue or to seek advice in respect of procedures.

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3. Where the matter is complex, the Chair is able to negotiate an extension of the 5

working days but this is their decision.

4. Where the Chair is of the opinion that the response does not resolve the issues raised or

has not received a response, the Practice Manager (Safeguarding) will reissue the

escalation to the Practice Manager for the worker and case and request a response

within 5 working days but noting specifically that they are within the Formal Escalation

Process. This should involve a resolution discussion or meeting.

5. Where the Chair and Practice Manager (Safeguarding) are of the opinion that the

response does not resolve the issues raised, within 2 weeks (10 working days of the

original escalation) the Practice Manager (Safeguarding) will escalate the issue to the

Service Manager (Safeguarding) who will liaise directly with the Head of Service or

equivalent within the agency to try to resolve the issue, through a meeting or discussion

within 5 working days.

6. If the issue remains unresolved either due to a lack of response or the nature of the

response, the Service Manager (Safeguarding) will raise the issue with the Assistant

Director for Children’s Social Care, or equivalent in Partner agencies. A further 5

working day timescale will be set.

7. Where the Service Manager (Safeguarding) is of the opinion that the response does not

resolve the issues raised or has not received a response, they will notify the Director of

Children’s Services or the equivalent for Partner agencies to discuss how the issue can be

resolved. This may include raising the issue with the Chair of the RBSCB and directly with

Board Members. It is for the Director and Board Members to reach a decision on how the

issue concerning procedures may be addressed.

Practice

Unless there is a clear misunderstanding or evidence that the worker is fully aware of a

practice error or there is an immediate and satisfactory response to issues raised, then

given the potential vulnerability of children subject to Private Fostering Arrangements, any

issues in relation to practice must be resolved through the formal process.

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The PFIRO will use their expertise in identifying practice issues which need to be escalated,

proportionate to the concern.

Formal Process

1. The PFIRO will formally raise the issue with the worker and their Manager. This Private

Fostering Escalation Form will be completed by the PFIRO and they will also complete a

case note to formally record the Escalation. The case note formally opens the

escalation process. The PFIRO will ensure that in any correspondence they note that

they are formally applying the escalation process and will make the Practice Manager

(Safeguarding) aware of the escalation and the reasons.

(NB there may be times when it is not appropriate to inform the worker, for example in cases where there may be an allegation, serious complaint or evidence of unsuitability. The PFIRO should seek advice from the Practice Manager for Safeguarding or Service Manager, Safeguarding in these instances who will advise).

2. If a worker and / or manager receive a formal escalation from the PFIRO in relation to

Practice, they should respond within 5 working days outlining any action they will take

(within the bounds of a workers right to privacy). The important issue for the PFIRO is

that they are satisfied that poor practice or gaps in knowledge and experience is being

appropriately addressed. Where the issue relates to decision making, this may include

further discussions with the Chair and Practice Manager to try and resolve the issue and

agree a way forward.

3. Where the matter is complex, the Chair is able to negotiate an extension of the 5

working days, but this is their decision.

4. Where the Chair is of the opinion that the response does not resolve the issues raised or

has not received a response, the Practice Manager (Safeguarding) will reissue the

escalation to the Practice Manager for the worker and case and request a response

within 5 working days but noting specifically that they are within the Formal Escalation

Process. This should involve a resolution discussion or meeting.

5. Where the Chair and Practice Manager (Safeguarding) are of the opinion that the

response does not resolve the issues raised, within 2 weeks (10 working days of the

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original escalation) the Practice Manager (Safeguarding) will escalate the issue to the

Service Manager (Safeguarding) who will liaise directly with the Head of Service or

equivalent within the agency to try to resolve the issue, through a meeting or discussion

within 5 working days.

6. If the issue remains unresolved either due to a lack of response or the nature of the

response, the Service Manager (Safeguarding) will raise the issue with the Assistant

Director for Children’s Social Care, or equivalent in Partner agencies. A further 5

working day timescale will be set.

7. Where the Service Manager (Safeguarding) is of the opinion that the response does not

resolve the issues raised or has not received a response, they will notify the Director of

Children’s Services or the equivalent for Partner agencies to discuss how the issue can

be resolved. This may include raising the issue with the Chair of the RBSCB and

directly with Board Members. It is for the Director and Board Members to reach a

decision on how the issue concerning procedures may be addressed.

Where the allocated worker or manager wishes to challenge the Escalation raised by the

PFIRO, they should do this via the Private Fostering Escalation Form within 2 working days

of receiving the escalation to facilitate discussion and maintain the 5 working day timescale

set. If the PFIRO agrees with the challenge, the Escalation will be closed. Where the

Manager and PFIRO cannot come to an agreed position in respect of the Escalation, this

should be dealt with initially between the Practice Manager (Safeguarding) and the line

manager of the agency, or if both of these managers have been involved in earlier

discussions, at Head of Service or equivalent for partner agencies and Service Manager

(Safeguarding) level.

The Service Manager (Safeguarding) raises all escalations which have been escalated to

the Head of Service and remain open after the identified timescale with the Assistant

Director Children’s Social Care and will request a response within a further agreed

timescale prior to discussing with the Director of Children’s Services.

The Private Fostering Escalation Form will be recorded within the Electronic Data Base for

the child or young person (LCS), but a Case Note is also required to start the escalation

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episode. The Form and Case Note should focus on the nature of the concern or issue and

should be brief and linked to the issues outlined within the Procedure.

3. Compliments and Commendations

The PFIRO is in a position to observe and review good pieces of work and also to receive

information from others regarding the work undertaken within the partnership around the

child and family. Appendix 2 is the mechanism whereby the PFIRO will be able to formally

record such complimentary feedback to the worker and their manager.

4. Monitoring and Reporting

The Private Fostering Escalation is recorded within the LCS electronic data base under

Case Notes. The manner by which the information is recorded enables a Business Objects

Report to be created which can be refreshed and reported on daily. Monthly performance

reports are provided via the Information Systems Development Officer, and are also

produced on a quarterly and annual basis to support performance reporting.

A copy of the Private Fostering Escalation Form will be sent to the Practice Manager

(Safeguarding) who will monitor and collate key themes and issues arising in respect of

procedure and practice. Additional data will be collated in respect of timeliness of

responses and whether the matter had to be raised with Head of Service, AD or DCS or

equivalent for partner agencies. This information will be reported to the Board via QAPI sub

group.

PFIROs may also identify key themes and issues which may have an impact on policy,

procedure and / or training and will be raised with the Safeguarding Board via the SCU and

Business Unit.

Private Fostering Escalations are included in the Annual Private Fostering Report.

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5. Guidance Document Review Date

January 2018

6. Supporting Documents

Tri X Procedure – Private Fostering -

http://www.proceduresonline.com/rochdale/cs/chapters/p_private_fost.html?

zoom_highlight=Private+Fostering

GM Safeguarding Procedures –

http://greatermanchesterscb.proceduresonline.com/chapters/p_privately_fost_ch.html?

zoom_highlight=Private+Fostering

RBSCB Website - https://www.rbscb.org/parents-carers/private-fostering/default.aspx

https://www.rbscb.org/professionals/private-fostering/default.aspx

https://www.rbscb.org/young-people/private-fostering/default.aspx

7. Appendices Appendix

1 Private Fostering Escalation Form

2 Private Fostering Compliments and Commendation Form

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https://www.rbscb.org/young-people/private-fostering/default.aspx

https://www.rbscb.org/professionals/private-fostering/default.aspx

https://www.rbscb.org/parents-carers/private-fostering/default.aspx

http://greatermanchesterscb.proceduresonline.com/chapters/p_privately_fost_ch.html?zoom_highlight=Private+Fostering

http://greatermanchesterscb.proceduresonline.com/chapters/p_privately_fost_ch.html?zoom_highlight=Private+Fostering

http://www.proceduresonline.com/rochdale/cs/chapters/p_private_fost.html?zoom_highlight=Private+Fostering

http://www.proceduresonline.com/rochdale/cs/chapters/p_private_fost.html?zoom_highlight=Private+Fostering


APPENDIX 1

PRIVATE FOSTERING ESCALATION FORM - Stage 1

LCS NUMBERNAME OF CHILD(REN)CHILD PROTECTION / C4CDATE OF CPP/C4C STARTDATE OF LAST CONFERENCE / REVIEW NAME OF IRO / CONFERENCE CHAIRNAME OF SW & PMDATE OF DISCUSSION WITH SW OR PMSTAGE 1: REASON(S) FOR DISPUTE / ESCALATION PROCEDURAL

Brief Summary of Issues Adherence to timescales What timescales are identified as an issue; when was it due Appropriate planning processes are used in line with the threshold of need

Which planning processes have been identified as an issue;

Correct forms being used Which forms have been identified as incorrect?Reports submitted on time Which reports have not been submitted or were late and by what

timescaleAdherence to RBSCB Procedures (Detail re Procedural specifically identified below)

Which procedures are identified as an issue, how was the procedure not adhered to?

PRACTICEBrief Summary of Issues

Quality of reports What were the specific issues identified in respect of the quality of the report?

Quality of assessment What were the specific issues identified in respect of the assessment?Quality of analysis What were the specific issues identified in respect of the quality of the

analysis?Inclusion of key individuals Which key individuals have not been included and why this is an

issue?Decision Making and Intervention

This would also include Management Oversight. What were the specific issues identified in respect of decision making, intervention and management oversight?

BRIEF BACKGROUND HISTORY (IF RELEVANT) OR ADDITIONAL COMMENTS

Have there been previous escalations regarding this child? Are there difficulties identified within the partnership?

WHAT OUTCOME OR RESOLUTION IS BEING SOUGHT

What is the IRO / Conference Chair seeking from CSC and could this be included in the

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recommendation of the meeting e.g. Care Planning Group / Core Group reconvene to consider the issues raised within the meeting …………DATE FOR RESPONSE INITIAL RESPONSE TO IRO / CONFERENCE CHAIR

NAME OF PRATICE MANAGERDATE IRO / CONFERENCE CHAIRHAS A RESOLUTION BEEN ACHIEVED

YES NO

IF NO WHAT IS OUTSTANDING AND WHAT FURTHER ACTION IS REQUIRED

Resolution Discussion Meeting to be held to consider the issues and agree the way forward

OUTCOME OF DISPUTE AND IMPACT ON CHILD


RESOLUTION DISCUSSION / MEETING

Discussion / Meeting between Practice Manager and IRO / Conference Chair.

Brief summary of what is to be addressed in the meeting / discussion and why it is being convened i.e. stage 1 of the escalation process has not been achieved.

DATE OF THE MEETINGATTENDEES AT MEETING

DETAILS OF DISCUSSION AND AGREED ACTIONS

HAS A RESOLUTION BEEN ACHIEVED

YES NO


Escalation to Head of Service / Resolution Panel


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ESCALATION TO HEAD OF SERVICE

Brief summary of what is to be addressed in the meeting and why it is being escalated to Head of Service

DATE HEAD OF SERVICE RESPONSE

IRO / CONFERENCE CHAIRHAS A RESOLUTION BEEN ACHIEVED

YES NO


Escalation to Assistant Director (CSC/YOT / EARLY HELP AND SCHOOLS)



ESCALATION TO ASSISTANT DIRECTOR


NAME OF ADDATE ASSISTANT DIRECTOR RESPONSE


YES NO


Escalation to DCS

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ESCALATION TO DCS


DATE DCS RESPONSE


YES NO


Escalation to CAFCASS (C4C only)Escalation to Chair of RBSCB (CPP only)



DATE OF REFERRAL TO CAFCASS / RBSCB CHAIRNAME OF CAFCASS DUTY TAKING REFERRALDETAILS OF DISCUSSION AND AGREED ACTIONS

DETAILS OF CAFCASS / CHAIR OF RBSCB RESPONSE

OUTCOME OF REFERRAL TO CAFCASS / RBSCB CHAIR AND IMPACT ON CHILD

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APPENDIX 2

PRIVATE FOSTERING COMPLIMENTS AND COMMENDATIONS FORM

LCS NUMBERNAME OF CHILD(REN)CHILD PROTECTION / C4CNAME OF IRO / CONFERENCE CHAIRNAME OF SW & PMRecord of Compliment or Commendation

DATE

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