Allegations and Complaints against Foster Carers

Purpose

In accordance with Regulation 12 of the Fostering Services (England) Regulations 2011, every fostering service must implement a written policy designed to safeguard and promote the welfare of children. This policy sets out the procedures to be followed in the event of an allegation, complaint, or concern regarding the standard of care provided by foster carers.

The purpose of this policy is to ensure that all allegations of abuse, neglect, or poor practice are managed in line with statutory requirements, the National Minimum Standards for Fostering Services (2011), and relevant safeguarding guidance. The policy also ensures that all individuals involved, including children, foster carers, staff, and others are treated with fairness, transparency, dignity, and respect throughout the process.

Scope

This policy applies to:

• Allegations of abuse or neglect made against foster carers.
• Complaints relating to a foster carer’s conduct or practice.
• Concerns regarding the standards of care provided in a fostering household.

It distinguishes clearly between allegations, complaints, and standards of care concerns, ensuring that each is handled appropriately and proportionately.

For further operational detail, staff and carers should refer to the:

• Foster Carer Handbook
• Staff Handbook (for cases involving staff)
• Safeguarding Policy
• Representations and Complaints Procedure
• Children and Young People’s Representations and Complaints Procedure

Key Legislative and Guidance Framework

1. Children Act 1989 (and Children Act 2004 amendments)
   1. Section 22 places a duty on local authorities to safeguard and promote the welfare of children in their care.
   1. The 2004 Act strengthened inter-agency cooperation and the duty to respond proactively to all allegations concerning children’s safety and welfare.
2. Fostering Services (England) Regulations 2011
   1. Regulation 12 requires fostering services to establish, implement, and maintain a written policy for the handling of allegations and complaints to safeguard children.
   1. Regulation 36 requires that foster carers are provided with appropriate support—including access to independent support—when an allegation or complaint is made against them.
3. National Minimum Standards for Fostering Services (2011)
   1. Standard 22: Handling Allegations and Suspicions of Harm requires:
      1. All foster carers, staff, and children to be fully informed of how to make a complaint or raise a concern.
      1. Allegations against foster carers to be investigated promptly, fairly, and in partnership with relevant safeguarding professionals.
      1. Foster carers to have access to independent advice and support throughout the investigation process.
4. Working Together to Safeguard Children (2018, updated December 2023)
   1. This statutory guidance outlines the responsibilities of all agencies to work together effectively to safeguard and promote the welfare of children.
   1. It provides a clear framework for managing allegations against individuals who work with or care for children, emphasising the need for transparency, sensitivity, and timely communication.
5. Local Authority Designated Officer (LADO) Procedures
   1. The LADO oversees and coordinates the management of allegations made against professionals and carers.
   1. The LADO ensures that investigations are conducted promptly, proportionately, and in accordance with safeguarding standards.
   1. Strategy discussions or meetings involving the fostering service, the child’s social worker, and other relevant professionals will be convened to plan and review the process.

Principles

• The welfare and safety of children is the paramount concern.
• Allegations will be handled promptly, fairly, and confidentially.
• Foster carers will be provided with clear information, regular updates, and access to independent support (for example, through FosterTalk or equivalent services).
• All actions and decisions will be recorded accurately and stored securely in accordance with data protection legislation.
• Learning from allegations and complaints will be used to inform service development and continuous improvement.

Definitions

The Agency takes all allegations, complaints, and concerns seriously, recognising that these can range from minor practice issues to serious safeguarding matters. The safety and welfare of children remain paramount at all times, in accordance with the Children Act 1989 (Section 22).

This policy ensures that any concerns raised are managed in a way that safeguards children while also treating foster carers and their families with fairness, sensitivity, and compassion, in line with the Fostering Services (England) Regulations 2011 and the National Minimum Standards for Fostering Services (2011).

Clear distinctions are made between allegations, complaints, and standards of care concerns, as set out below:

Allegation

An allegation refers to a claim or concern that a foster carer (or a member of their household) has:

• Harmed a child;
• Placed a child at risk of harm;
• Behaved in a way that indicates unsuitability to work with or care for children; or
• Failed to protect a child from harm.

Allegations of this nature are managed under child protection procedures in accordance with:

• The Children Act 1989 and Children Act 2004;
• Working Together to Safeguard Children (2018, updated 2023); and
• Local Authority Designated Officer (LADO) procedures.

Such allegations are treated as potential safeguarding matters and will involve formal consultation with the LADO to determine the appropriate course of action.

Complaint

A complaint is an expression of dissatisfaction or concern regarding a foster carer, staff member, or any aspect of the fostering service. Complaints may be raised by:

• A child or young person in care;
• A professional working with or supporting a child or young person;
• A birth parent, relative, or guardian; or
• Any other individual involved with the fostering service.

Complaints are managed by the Registered Manager and Team Manager, who will assess the matter and determine the most appropriate course of action. This may include consulting with the Local Authority Designated Officer (LADO), the child or young person’s social worker, or other relevant professionals to ensure a fair and informed response.

Complaints do not typically involve allegations of harm or abuse.

Standards of Care Concern

A standards of care concern arises when the practice, conduct, or quality of care provided by a foster carer appears to fall below the expected standards set out in the National Minimum Standards for Fostering Services (2011) and the Agency’s Foster Carer Agreement.

Such concerns may include issues related to record keeping, routines, behaviour management, or partnership working with professionals. While they may not involve direct harm to a child, they could pose potential risks to the quality or consistency of care if not addressed.

Standards of care concerns are usually addressed through a standards of care investigation followed with an early review.

Allegations Procedures if the Allegation is against a Foster Carer:

When an allegation is made, the safeguarding policy must also be adhered to and followed, ensuring that all processes prioritise sensitivity, transparency, and the emotional well-being of all parties involved, especially the child and Foster Carer.

1. Where possible, Supervising Social Workers (SSW) must sensitively gather initial information about the nature of the allegation. All allegations must be promptly referred to the SSW’s Team Manager and the Registered Manager at the earliest opportunity.
2. The Team Manager and Registered Manager will decide who should contact the Local Authority Designated Officer (LADO); typically, this will be the Team Manager. If it is deemed more appropriate for a Senior Manager to handle the matter, the Registered Manager will liaise directly with the LADO.
3. Social workers responsible for all children placed with the Foster Carer must be informed immediately. If the relevant social worker is unavailable, their line manager must be notified. If a child or young person does not currently have an allocated social worker, the Team Manager with case responsibility must be informed. Information sharing will be undertaken thoughtfully, guided by the Registered Manager.
4. Supervising Social Workers must not disclose any information regarding the nature of the allegation to the Foster Carers until guided explicitly by the LADO. Communication with Foster Carers will be undertaken sensitively and transparently, with due consideration for their emotional well-being.
5. In accordance with Regulation 36(1) and Schedule 7 of the Fostering Services (England) Regulations 2011, the Registered Manager must notify Ofsted of any serious incident, allegation, or concern affecting the welfare or safety of a child placed with a foster carer. Notifications must be made in writing and without delay, and ideally within 24 hours of the fostering service becoming aware of the incident. The preferred method is via Ofsted’s online notification portal. If this facility is temporarily unavailable, the notification should be submitted via email to the designated Ofsted contact address. The Registered Manager must ensure that Ofsted is kept informed of any significant developments and the outcome of the investigation, in accordance with regulatory requirements.
6. The Supervising Social Worker and the Team Manager must sensitively and thoroughly investigate any history of previous allegations or complaints against the Foster Carer and transparently share this information with the LADO to ensure a comprehensive and fair assessment.
7. The LADO will convene a strategy meeting involving all relevant professionals to collaboratively discuss the allegation and determine the appropriate next steps. The Supervising Social Worker will attend the strategy meeting, accompanied by a Senior Practitioner or Team Manager for additional support.
8. If the nature of the allegation is serious, the placing Local Authority responsible for the children may decide to move the children. Any such decision will be managed carefully, collaboratively, and compassionately, prioritising the emotional well-being and safety of the children involved, and undertaken in partnership with the Local Authority.
9. The strategy meeting may determine one of the following outcomes clearly and collaboratively:
10. That the allegation/concern is not substantiated, requiring no further action concerning the referral.
11. That there is insufficient information available, necessitating further enquiries, specifying clearly who will undertake these enquiries and their timescale for completion.
12. That a Child Protection Investigation is required, managed following the Local Authority Safeguarding Children Procedures. A police officer and social worker will investigate collaboratively and transparently, reporting findings back to the Strategy Discussion meeting.
13. That a second meeting or a further strategy discussion will be held after investigations to:
    1. Ensure comprehensive information sharing.
    1. Confirm completion of actions agreed in previous strategy discussions.
    1. Agree the conclusion of the enquiry, clearly determining if abuse occurred (papers may be forwarded to the Crown Prosecution Service), if the investigation under Section 47 (S47) is concluded but requires further fostering agency investigation, if the allegation was not substantiated but concerns remain (indicating possible standards of care issues to address), or if the allegation was unfounded. Ofsted must be promptly updated with the outcome of any S47 investigation.
    1. Determine if the child/ren will remain in or return to the placement.
14. If no further child protection action is deemed necessary, any remaining safeguarding allegations will still undergo thorough internal investigation following the agency’s fostering investigation procedures.
15. Upon conclusion of the LADO investigation with no further child protection actions necessary, outcomes must be shared compassionately and transparently with the Foster Carer, clearly recorded on their file, and the internal investigation process fully explained.
16. The Agency will appoint a Social Worker who is independent of the case, to conduct the internal investigation. The Social Worker will produce a detailed investigation report with clear outcomes and recommendations. This report will form part of the Foster Carer’s review and will be presented transparently and respectfully to the panel.
17. The Foster Carer may be temporarily suspended from fostering duties during the investigation. This decision, if made, will be clearly communicated with sensitivity, transparency, and clarity to the Foster Carer.
18. The investigation conducted by the Social Worker and the subsequent written report will comprehensively address:
19. The Foster Carer’s suitability and competence for fostering.
20. Matters relevant to all children currently placed within the Foster Carer’s household.
21. Implications for future placements and any potential changes in approval.
22. Implications for the Foster Carer’s registration status.
23. Identification of any training needs or additional support required by the Foster Carer, ensuring support provided is proactive, respectful, and empowering.

Complaint Procedures if the Complaint is against a Foster Carer

A complaint against Foster Carers may originate from a variety of sources, including the child or young person themselves, parents, family members, professionals, or others within the community.

Complaints may relate to a Foster Carer’s general approach to caring for a child, their responses to a child’s behaviour, their management of contact arrangements, or day-to-day practices within fostering, including but not limited to:

• Inappropriate verbal chastisement.
• Issues regarding pocket money, clothing, and food.
• Incidents indicating inadequate supervision, such as inadvertently allowing a child access to alcohol, prescribed medication, or unsuitable viewing of adult or sexual material.
• Incidents indicating a lack of appropriate care, such as inadvertently administering prescribed medication incorrectly.

Depending on the nature of the complaint, the same procedure used for handling allegations may apply. If the complaint does not meet the threshold for referral to the LADO, the agency must still follow the internal investigation procedures sensitively, transparently, and compassionately, maintaining clear communication with the Foster Carer.

Procedures for Standards of Care Concerns about a Foster Carer

Standards of care concerns may not necessarily involve direct allegations of harm but reflect concerns regarding the Foster Carer’s ability to consistently meet required standards of care.

When standards of care concerns are raised, whether by agency staff, other professionals involved with the child, or family members, the Supervising Social Worker (SSW) and Team Manager (TM) must discuss the concerns thoroughly with the Registered Manager (RM).

The following steps must then be adhered to:

• Clearly identify and discuss the concerns with the Registered Manager. If concerns are substantiated and agreed upon, an action plan must be collaboratively developed between the Team Manager and the Registered Manager. Foster Carers must be clearly informed if a standards of care investigation is initiated.
• Concerns must be communicated transparently and sensitively with the Foster Carer, and a support plan may be established to address any identified gaps in care provision during the investigation process.
• The Team Manager will identify a social worker who is independent of the case to undertake the investigation, providing all relevant information clearly and transparently.
• The Team Manager must ensure accurate and timely recording of the investigation within relevant spreadsheets and inform the Resource Recruitment Team (RRT) and Support Services promptly.
• All standards of care concerns that lead to investigation will automatically trigger an early foster care review process.

Outcomes of All Investigations

The following definitions must be used clearly and consistently to determine the outcomes of investigations into allegations:

Outcome	Definition
Substantiated allegations	There is sufficient evidence to prove the allegation that a child has been harmed or there is a risk of harm.  If the facts of the incident are found to be true but it is not found that a child has been harmed or there is a risk of harm, then consideration should be given to deciding that the outcome is ‘unsubstantiated’ or ‘unfounded’.
Malicious	There is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive. The police should be asked to consider what action may be appropriate in these circumstances.
False allegations	There is sufficient evidence to disprove the allegation; however, there is no evidence to suggest that there was a deliberate intention to deceive.
Unsubstantiated allegations	There is insufficient evidence to either prove or disprove the allegation. The term, therefore, does not imply guilt or innocence.
Unfounded	The additional definition of ‘unfounded’ can be used to reflect cases where there is no evidence or proper basis which supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively, they may not have been aware of all the circumstances. The Chair of the meeting / discussion should make a record of the agreed outcome and forward this to the employer.
NFA after initial consideration	Initial consideration means the discussion about whether the alleged incident constitutes an allegation within the scope of these procedures.  It does not mean following an initial assessment undertaken in accordance with the Framework for the Assessment of Children in Need and their Families.

Placement Decisions following Unfounded or Unsubstantiated Outcomes

When an investigation into a foster carer’s standards of care concludes with an outcome of unfounded or unsubstantiated, the following procedure will be followed to determine the carer’s eligibility for new placements:

1. Following the investigation, the Social Worker will assess whether the foster carer can be considered for new placements prior to their early review. Factors considered include:
   1. Any residual concerns remaining despite the investigation outcome;
   1. The foster carer’s identified needs for additional support or development;
   1. Confidence in the foster carer’s capacity to meet the needs of future placements safely and effectively.
2. Recommendation Options:
   1. Eligible for Placements: The foster carer may be considered for new placements before the early review and panel.
   1. Not Eligible for Placements: The foster carer should not be considered for new placements until the early review has been completed and presented to the fostering panel.
3. The Supervising Social Worker (SSW) will incorporate the investigation findings and recommendations into the early review process. The review, together with the investigation report, will then be presented to the fostering panel to confirm the foster carer’s ongoing approval and suitability for future placements.
4. Any placements made prior to the panel will be done with careful matching considerations, ensuring the child’s safety, welfare, and developmental needs are met and that the foster carer is suitably equipped to support the placement.

This procedure ensures that decisions balance timely placement opportunities for children with the ongoing support and oversight of foster carers, while remaining fully compliant with Regulations 12 and 36 of the Fostering Services (England) Regulations 2011 and National Minimum Standard 22.

Household Review of Suitability to Foster (Annual review)

Fostering Regulations 2011 R28 (2) states:
“A review must take place not more than a year after approval, and thereafter whenever the fostering service provider consider it necessary, but at intervals of not more than a year.”

Accordingly, annual reviews must not be delayed, even if an investigation into an allegation or standards of care concern is ongoing. The scheduled review should proceed within the designated timeframe, with a clear note indicating that any ongoing investigation will be presented to the fostering panel upon completion.

Following the conclusion of an investigation, an additional review of household suitability to foster may be conducted to reflect the investigation’s findings. In some circumstances, for example, where an unfounded allegation occurs shortly after the annual review, an addendum report to the most recent annual review may be sufficient.

Decisions regarding the timing and format of this additional review will be made collaboratively by the Supervising Social Worker (SSW), Team Manager, and, where appropriate, the Registered Manager, ensuring that the process remains transparent, consistent, and compliant with regulatory requirements.

This approach ensures that the welfare of children remains paramount, while maintaining rigorous oversight of foster carers and adherence to the Fostering Regulations and National Minimum Standards.

Support for Foster Carers

The National Minimum Standards (NMS) 22.12 states:

During an investigation, the fostering service makes support, which is independent of the fostering service, available to the person subject to the allegation and, where this is a Foster Carer, to their household, in order to provide:

• Information and advice about the process.
• Emotional support.
• If needed, mediation between the Foster Carer and the fostering service and/or advocacy (including attendance at meetings and panel hearings).

The Agency will ensure independent support is proactively offered and readily accessible to Foster Carers (and their household, where appropriate), as well as to staff, throughout any investigation. Foster Carers will be provided clearly and sensitively with the full contact details, including the address, website, and telephone number for Foster Talk.

Foster Talk operates a specialized Allegations Support Team, with clear and accessible information prominently displayed on their website. This resource provides Foster Carers with direct, confidential one-to-one advice regarding the allegations process. Foster Carers also have access to a clear, comprehensive chart outlining the allegations procedure on the website, alongside the option to download a detailed, free guide that explains the allegations process and available support thoroughly.

Foster Carers are strongly encouraged to accept legal advice when offered. This is particularly crucial in situations such as receiving a police caution, as this can have significant implications on their approval to foster and personal circumstances.

General Points

• If a complaint or allegation is received outside normal office hours, the individual receiving this information must immediately contact the Team Manager or Registered Manager, who will then notify the Local Authority’s Emergency Duty Team (EDT).
• The Agency commits to handling all allegations as promptly as possible, recognizing the emotional impact and distress prolonged investigations can cause. However, timeframes may vary depending on the complexity and seriousness of each allegation.
• In cases involving police intervention, investigation timescales may extend significantly. Nevertheless, the Agency will continuously advocate to minimize delays, ensuring Foster Carers and staff are kept regularly informed and are not left with unresolved investigations over extended periods. The Agency aims to resolve most allegations within one month wherever possible.
• The Registered Manager will make a timely referral to the Disclosure and Barring Service (DBS) for any individual (whether paid or unpaid) removed from their position due to posing a risk of harm to children.
• Depending on circumstances and outcomes following an allegation, the Agency will initiate an internal investigation conducted transparently by a social worker. A copy of the final investigation report will be shared with the relevant Local Authority and LADO as appropriate. The Agency adheres strictly to the timeframes specified in Working Together to Safeguard Children and aims to complete all internal investigations within one month of it being allocated to an independent social worker. Following the conclusion of all investigations, the Foster Carer’s annual review will be expedited, incorporating investigation outcomes, and will be presented clearly and transparently to the fostering panel.
• The emotional and psychological impact of allegations, complaints, and standards of care concerns on Foster Carers, the children in their care, and other involved parties must be recognized and compassionately managed. Careful consideration will be given to establishing effective partnership working, ensuring lessons learned are clearly identified, and taking appropriate steps to restore or strengthen relationships and working practices going forward.

Confidentiality

Every reasonable effort will be taken to maintain strict confidentiality and prevent unnecessary publicity while allegations are being investigated or considered. Information will be shared on a strictly “need-to-know” basis, ensuring that only essential individuals involved in protecting children, facilitating enquiries, or managing related disciplinary or suitability processes have access.

It is crucial that any person subject to allegations receives clear reassurance that the Agency will prioritize their privacy and anonymity, barring specific exceptions outlined above. Breaching confidentiality without clear justification may lead to disciplinary actions.

Foster Carers must be aware that the Agency is obligated to follow directions from the Local Authority and LADO regarding information sharing. In certain sensitive cases, the Agency may be explicitly instructed not to disclose details of an allegation to the Foster Carer until considered appropriate. In these situations, the Agency, alongside the placing authority, may need to take immediate actions if there is a significant risk of harm to the child or potential further allegations against the Foster Carer.

Other Policy and Procedures in Relation to Complaints

• Children and Young People’s Representations and Complaints Procedures:
  This specific procedure comprehensively outlines how we fulfil our responsibilities to address representations and complaints raised by children and young people. All staff must adhere to this policy and procedure rigorously. For full details, see the separate document: Children and Young People’s Representations and Complaints Procedure.

• Representations and Complaints Procedure:
  This separate procedure clearly outlines our obligations and expectations regarding managing representations and complaints generally. All staff are required to follow this diligently. For full details, refer to the separate document: Representations and Complaints Procedure.

OFSTED (The Office for Standards in Education, Children’s Services and Skills)

Foster Carers may contact the Agency’s Ofsted inspector directly by calling: 0300 123 1231.

Inspector’s full address for correspondence:
OFSTED Inspection
Piccadilly Gate
Store Street
Manchester
M1 2WD

Email: enquiries@ofsted.gov.uk