Foster Carers often find they need the authority to make certain day to day decisions such as whether the child they are caring for is allowed to stay overnight with a particular friend, or whether she or he can go on a school trip. The Government has made it clear that foster carers should have the maximum appropriate flexibility in taking decisions relating to chidlren in their care within the framework of the care plan and properly respecting the wishes and feelings of parters and others with Parental Responsibility.
The Children Act 1989 Volume 2 Statutory Guidance on Care Planning, Placement and Case Review, which came into force on 1 April 2011 (England) requires local authorities to ensure that the placement plan which sets out the arrangements for the child to live with and be cared for by the Foster Carers, specifies any arrangements for the further delegation from the local authority to the Foster Carer. The placement plan should help the Foster Carer understand what decisions they can make. Where there are issues that a foster carer believes it would be in the child’s interests for them to decide and these are not covered in the placemenet plan, then the foster carer should discuss this with the child’s social worker during the statutory visits.
What does this mean for Foster Carers?
- The care planning process provides for authority for certain decisions concerning the child to be delegated to foster carers through the Placement Plan.
- It must involve the birth parents and/or others with parental responsibility
- Supports more effective day to day parenting and reduces disagreements about who can give permission for things such as overnight stays, school trips and holidays.
- Provides a more normal family environment for children
- Recognises the importance of foster carers and their relationship with the child.
What does this mean for Looked After Children and Young People?
- Clarity about who can give permission for school trips, sleepovers and other day to day decisions affecting the child’s life.
- Clarity that individuals do not have to be approved as Foster Carers if child stays for weekend/holiday, eg foster carers mum
- Clarity that Foster Carer can give permission for the child to join in activities such as horse riding, swimming, etc
- A more normal life!
Are there some situations where authority cannot be delegated?
There are a number of situations in which consent of those with parental responsibility for the child is essential and therefore cannot be delegated to another person. For example, consent to removal from the jurisdiction (UK) must be given by all th epeople with parental responsibility unless the child is in the care of the lcoal authority (under a Care Order, Interim Care Order or Emergency Protection Order), in which case it can be specifically authorised by the local authority for up to one month.
This means that a Passport, for example, must still be applied for by the local authority.
Further information on Care Planning and Delegated Authority can be found at:
