SSW Allegations and Complaints Procedure

Supervising Social Workers (SSWs) are required to comply with the Positive Aspirations Allegations and Complaints Policy and Procedure. This policy outlines how we meet our responsibilities in accordance with the National Minimum Standards and Fostering Regulations.

Allegations and complaints related to foster care can range from minor concerns to serious issues. This procedure is based on the principle that the protection of children is the agency’s highest priority. Every allegation or complaint must be handled in accordance with this procedure and the Positive Aspirations Allegations and Complaints Policy. The safety and well-being of the child must remain central throughout any investigation.

This guidance for SSWs details the procedures to follow when allegations/complaints or standards of care concerns against foster carers arise. It also outlines the support available to foster carers who are subject to complaints or allegations.

Allegations and Complaints Procedures:

• Most often allegations and complaints come through the child’s social worker. This could be directly from the child who makes a direct disclosure, or from the child’s school, or child’s parents/birth family or other professionals. When this happens, the child’s social worker will inform you that an allegation or complaint has been made and that they will be making a referral to LADO. They may not share the details of the allegation at this point.
• Where possible, SSW’s must obtain information regarding the nature of the allegation. All allegations should be referred to the SSW’s line manager and Registered Manager as soon as possible.
• SSW must not disclose any information regarding the nature of the allegation to the foster carers until LADO have directed you to do so. Once they have been informed, the Team Manager must write a letter to the foster carer informing them that an allegation has been made and state the support including legal and offer, independent support that is available to them. The SSW could use the template that is saved on the system. The SSW must continue to contact and support the carer.
• SSW must work with the Local Authority and remain in communication and follow guidance regarding any children that may be in place at the time of the allegation. Usually this will be directed by the child’s social worker and LADO.
• If an allegation is made against a carer by a former child in their care, and the carer is currently looking after new children placed from a different borough, the Supervising Social Worker (SSW) must promptly inform the local authority responsible for those new placements.
• The Registered Manager will notify Ofsted in writing within 24 hours and follow up with any developments, update and conclusion where required (under regulation 36(1) and Schedule 7.   
• All issues raised must be recorded on an incident form and a schedule 7 notification.  
• The SSW and the Team Manager must carry out necessary work to determine if the carer has had any previous allegations or complaints made against them and share them with the LADO.

Role of the LADO (Local Authority Designated Officer)

• Following the above process, LADO of the carers Local Authority will decide the next steps. They may also liaise with the LADO of the placing authority.
• The LADO may decide that the concerns shared does not meet LADO threshold. If this happens, it is for the placing authority of the child and the agency to decide how to manage this in the best interest of the child, taking into consideration the wishes and feelings of the child.
• If the concerns meet LADO threshold, the LADO will convene a strategy meeting which will involve all the relevant professionals to discuss the allegation and decide the next steps to take. SSW will be invited to the LADO Strategy meeting. SSW must be accompanied by a Senior Practitioner or a Team Manager.

The meeting may decide:

• That the allegation is not substantiated and no further action will be taken in relation to the referral or;
• That there is insufficient information available on which to proceed and that further enquiries need to be made in order to determine what further action is required; who will undertake the enquiries and when they should be completed or;
• No further child protection action will be undertaken; however, the concerns remain and will be investigated as an allegation which falls within internal fostering investigation process or;
• That a child Protection Investigation should be undertaken. This will be managed in accordance with the Local Authorities Safeguarding Children Procedures. A police officer and a social worker will investigate the allegation and report back to the Strategy Discussion meeting. At the strategy meeting, it may be decided that a second meeting take place following investigations or a strategy discussion may be held at the conclusion of an enquiry to:
  • Ensure all information is shared
  • Confirm all actions agreed in previous strategy discussion(s) have been completed;
  • Agree the conclusion of the enquiry i.e. alleged incident has taken place (papers may or may not be forwarded to the CPS); that the investigation is not being further pursued under S47, but the investigation requires completion by the fostering agency; that alleged abuse has not been proven but concerns remain (may be standards of care issues that need to be addressed); that the allegation was not founded.
  • Ascertain whether the child will remain, or return to the placement.
• If an investigation has been made and concluded, the outcome of the investigation should be shared with the foster carer and recorded on the foster carer’s file. This should be given to the carer in writing so that they have this information for their own records.

Internal Investigation

• Where the decision is for the agency to undertake internal investigation of the allegation or complaint, the Manager will arrange for an independent Social Worker to complete the internal investigation and submit a report with clear outcomes and recommendations.
• The report must be discussed, shared and signed by the carer.
• A letter should be sent to the carer informing them of the outcome of the investigation.
• The outcome of the investigation must also be shared with the local authority of the child who made the allegation including the local authority of any other children placed with the carers at the time of the allegation.
• Once the investigation has been concluded, an early review must take place. NMS 22.8 requires that ‘as soon as possible after an investigation into a foster carer is concluded, their approval as suitable to foster is reviewed’.
• The carers review report and allegation report must be presented to the next available panel.  In some instances, an addendum to the last review will suffice (this is where a carer has recently had a review). The report and recommendations should include:
  • The carers suitability and competence to foster.
  • Matters relevant to the placement of all children currently in the foster carer’s household.
  • The placement of other children in the future and any variations in approval.
  • Implications for the registration of the foster carers.
  • Identified training needs and additional support requirements.

Standards of Care

In some cases where an allegation that has been referred to the LADO, and they have taken the view that the ‘harm’ threshold has not been met, and as such the concern will not be considered as an allegation, the LADO will refer the matter back to the agency with the suggestion that they pursue matters as a ‘standards of care’ concern. It would arguably be inappropriate for the LADO to have further involvement if they had decided that the matter did not meet the threshold to be considered as an allegation of harm, although in practice it is reported that feedback is sometimes requested.

Additionally, the agency or the child/young person, parents or family members, professionals or other members of the community may have concerns about a foster carer, which may not warrant investigation under the child protection procedures but raise significant concerns about standards of care being provided. In such situations, the agency may decide to complete an investigation into the concerns. Standards of Care concerns may include 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” sexual material.
• Incidents indicating a lack of due care such as inadvertently wrongly administering prescribed medication.
• Other matters that may be considered as poor standards of care.

Standards of Care issues should consider previous history of concerns and whether these are significant to an overall picture of risk. Any current or previous standards of care issues must be added to the Standards of Care investigation report within the chronology.

• The investigation should be completed by an independent Social Worker who is independent from the case.
• The outcome of the investigation should be given to the carer in writing so that they have this information for their own records.

The standards of care report will initiate an early review which will be presented to the Fostering Panel so that they may make a recommendation about their continued suitability. (There will be occasions where an addendum report to the last annual review will suffice).

Household Review of Suitability to Foster (Annual review)

Fostering Regulations 2011 R28 (2) states that “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.

Out of Hours

If a concern or an allegation is received outside of normal office hours, the person who has received the information must contact the Agency out of hours, following which the out of hours worker will notify the Registered Manager or Team Manager and local authority EDT.

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.