Managing Allegations Against Staff and Foster Parents
Scope of this chapter
This chapter provides procedures for managing allegations or concerns that any foster parent or member of staff has:
- Behaved in a way that has harmed a child, or may have harmed a child;
- Possibly committed a criminal offence against or related to a child;
- Behaved towards a child or children in a way that indicates they may pose a risk of harm to children;
- Behaved towards a child or children in a way that indicates they are unsuitable to work with children.
The term 'member of staff' also includes volunteers.
Please note: where any concerns arise with regard to the safeguarding of a child, a referral should be made to the Children's Social Care Service for the area where the foster placement is located.
See: Safeguarding Children and Young People and Referring Safeguarding Concerns Procedure.
There is also a separate procedure for dealing with complaints made about or by foster parents, see Complaints Procedure.
When a child is placed in a foster placement, the foster parents will be provided with all relevant contact details, including for the Designated Safeguarding Lead, their Supervising Social Worker, the child’s social worker and who to contact outside of standard office hours. Contact information can also be found in Local Resources.
Regulations and Standards
The Fostering Services (England) Regulations 2011
Regulation 11 - Independent fostering agencies—duty to secure welfare
Fostering Services: National Minimum Standards:
STANDARD 4 - Safeguarding Children
STANDARD 22 - Handling allegations and suspicions of harm
Related guidance
- Working Together to Safeguard Children (DfE, Statutory Guidance)
- Keeping Children Safe in Education – this statutory guidance highlights the importance of sharing and responding to any concerns, about the behaviour of an adult who works with children, no matter how small, including low level concerns.
- Disclosure and Barring Service Guidance Leaflets - GOV.UK for guidance leaflets relating to eligibility.
All staff, foster parents and children are made aware of and advised how to access this procedure and Family Fostering’s other procedures including those on Complaints and Safeguarding Children and Young People and Referring Safeguarding Concerns.
All children are entitled to the same level and standard of protection from harm, including those receiving services from statutory or other agencies. For this reason, enquiries and investigations relating to allegations against our foster parents or staff must be dealt with under the Multi-Agency Safeguarding Children Procedures. Allegations will be dealt with in a manner that provides effective protection and support for children and the person making the allegation, while at the same time supporting the person who is the subject of the allegation.
Allegations or suspicions that a member of staff or foster parent has caused harm to a child will be shared with the appropriate agencies, investigated thoroughly, speedily and sensitively under those procedures and in accordance with the relevant statutory guidance such as Working Together to Safeguard Children, and will involve open and honest communication with and support for all those affected.
It is important to note that, although there may be insufficient evidence to support a Police prosecution, this does not mean that action cannot be taken to protect a child nor that the termination of a member of staff's contract of employment or foster parent's approval cannot be considered.
Complaints made by a foster child in relation to the quality or style of care provided by a foster parent will be with under the Complaints Procedure.
It should also be noted that it may be necessary during an investigation to consider what action, if any, should be taken with regard to other children with whom staff or foster parents have contact, including their own children.
A clear distinction will be made between investigation into allegations of harm and discussions over standards of care. Investigations which find no evidence of harm should not become procedures looking into poor standards of care - these should be treated separately.
It might not be clear whether an incident constitutes an 'allegation'. It is important to remember that to be an allegation the alleged incident has to be sufficiently serious as to suggest that harm has or may have been caused to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above).
Concerns that do not meet this threshold may constitute conduct or disciplinary issues and should be addressed using the appropriate organisational procedures.
Incidents which fall short of the threshold could include an accusation that is made second or third hand and the facts are not clear, or the individual alleged to have done this was not there at the time; or there is confusion about the account.
If it is difficult to determine the level of risk associated with an incident the following should be considered:
- Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
- Where the incident involved an inappropriate response to challenging behaviour, had the member of staff/foster parent had training in managing this?
- Does the member of staff/foster parent understand that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
- Does the child or family want to report the incident to the police or would they prefer the matter to be dealt with by the employer?
- Have similar allegations previously been made against the individual – is there a pattern developing?
Whether an incident constitutes an allegation and hence needs to be dealt with through these procedures, may need to be discussed with the LADO by the manager or Responsible Person. Keeping Children Safe in Education (KCSIE), Part 4, Section 2 provides guidance for schools and colleges, which may be of wider interest when considering low-level concerns. Legal advice should be sought as necessary.
KCSIE provides that if there is any doubt as to whether the information which has been shared about a foster parent or a member of staff as a low-level concern in fact meets the harm threshold and thus should be treated as an allegation, the LADO should be consulted.
If it falls short of this threshold there may still be a role for the LADO to provide advice and support. Such a consultation process may allow for concerns to be evaluated objectively and to ascertain whether or not similar concerns may have been raised previously but not met the threshold for investigation. Whilst the LADO will only record the details of those allegations which appear to meet the threshold for consideration set out above, a record should be kept of any low level concern that arise in respect of a foster carer or a member of staff. Low-level concerns which are shared about supply staff and contractors should be notified to their employers, so that any potential patterns of inappropriate behaviour can be identified.
Where a pattern of such behaviour is identified, a course of action should be decided upon, either through disciplinary procedures or where a pattern of behaviour moves from a low-level concern to meeting the harm threshold, it should be referred to the LADO.
The LADO will determine (in discussion with the contacting line manager for the child and the foster carer) whether the allegation/complaint is:
- A referral of Child Protection concern, which requires an Initial Strategy Discussion under S47 of the Children Act (1989); or
- A safeguarding allegation which has not crossed the child protection threshold but nonetheless requires investigation by the Fostering Service;
- A complaint against the carer(s) regarding standards of care, which will be dealt with by the fostering service.
In all cases, deciding whether to deal with an allegation or incident as a Child Protection or safeguarding allegation or as a complaint requires the following considerations:
- The nature and severity of any actual harm to the child;
- The context in which the alleged harm occurred;
- Whether the alleged behaviour of the foster carer was (i) intentional and (ii) has, or is likely to, result in Harm to the child in question or any other child in the household;
- Whether the concern relates to direct conduct towards a child or is a more general practice issue.
The suitability and conduct of a foster carer may also be brought into question by their conduct or offending behaviour in their personal life in or outside of the home, including if their own children come to the attention of the statutory agencies due to abuse or neglect.
If it is unclear whether the allegation or complaint has met the threshold of harm then the manager will call the Kent LADO service (if the foster parent or member of staff reside/work in Kent and if the child resides in Kent) on 03000 410888 or email kentchildrenslado@kent.gov.uk
If it is clear that the allegation made has met the threshold of harm then a LADO referral needs to be completed via the Kent Integrated Children’s Service Portal
Records must be held securely and comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). It is recommended that records are retained at least until the individual leaves their employment.
Where the matter constitutes a conduct or performance issue, the Manager should follow the appropriate disciplinary procedures and let the LADO know of the outcome.
When a child is first placed with foster parents, their supervising social worker will provide them with all relevant information needed to keep them safe, including details of any abuse or neglect they have experienced, and/or previous allegations made by the child.
All foster parents will receive preparation, training and guidance to help them provide a safe environment for any children in their care and all members of the foster family.
All members of staff and foster parents will also have received information about this procedure and know how to access the local Multi-Agency Safeguarding Children Procedures, in particular the procedure for Managing Allegations against Staff and foster parents in the area they live.
All foster carers must follow our recording procedures (see: Recording Policy and Guidance) and note, on a daily basis, the progress of children placed with them, including any incidents or concerns and any complaints made by the child or their family. In addition, it is an expectation of the Fostering National Minimum Standards that:
- A Senior Manager within the Fostering Service is identified to be the Designated Person who liaises with the Designated Officer in the local authority/Team of Designated Officers (LADO) in all cases to which this procedure applies and manage the allegations process (Note: for clarity of reference the Designated Officer in the local authority /Team of Designated Officers will be in referred to as 'the LADO' for the remainder of this procedure). Within Family Fostering the Designated Safeguarding Lead is the Registered Manager;
- All members of staff within the Fostering Service should be aware of the requirements of this procedure, including the role of the Disclosure and Barring Service.
As stated above, the role of the Designated Person within Family Fostering is to liaise with the LADO in relation to any allegation made or concern raised about staff or foster parents within the Agency.
The Designated Person must be informed immediately where there is any allegation or concern that a foster carer, member of staff or volunteer has:
- Behaved in a way that has harmed a child, or may have harmed a child;
- Possibly committed a criminal offence against or related to a child;
- Behaved towards a child or children in a way that indicates they may pose a risk of harm to children;
- Behaved towards a child or children in a way that indicates they are unsuitable to work with children.
If the concern relates to a member of Family Fostering’s management team or owners and the referrer is concerned that the matter will not be dealt correctly, they should directly inform the local authority Children's Social Care Services or the Regulatory Authority (see Ofsted, Reporting Concerns and whistleblowing about children's social care services).
On receipt of any information relating to an allegation or suspicion of harm, the Designated Person must:
- Inform the LADO for the area in which the foster home is located within 1 working day; and
- If the concern relates to a foster carer, inform the child's allocated social worker, the carer's Supervising Social Worker and Ofsted/the regulatory authority.
The Supervising Social Worker in the fostering service will:
- Inform the social workers/team manager for any other child in the placement;
- Inform any other local authority with an interest in the foster placement.
The Designated Person must follow the local Multi-Agency Safeguarding Children Procedures (in the area the foster home is located) in relation to the allegation/suspicion. A clear and comprehensive summary of the allegation should be made including details of how the allegation was reported and actions taken.
Where the allegation relates to a member of staff, the Designated Person must consider, in consultation with other relevant managers within Family Fostering, whether the member of staff should be suspended pending the outcome of the investigation. A part of this, consideration must be ensuring the investigation is not compromised in any way if the member of staff continues in their role.
At this stage, the Regulatory Authority must be informed of the allegation/suspicion and the action taken. Where a Strategy Meeting is to be convened, the Designated Person must ensure that they are invited to be represented there.
In exceptional cases where immediate action may be necessary to safeguard the welfare of the child, the child's social worker and their manager may decide a new placement should be identified for the child in question and other children placed in the household (Note this may be with an alternative fostering Agency).
If, as a result of the allegation, there is cause to suspect a child is suffering or likely to suffer significant harm, a Strategy Meeting will be convened within 2 working days.
The LADO responsible for the area in which the concern arose would normally be responsible for convening the allegations Strategy Meeting.
The Strategy Meeting will:
- Decide whether there should be a Section 47 Enquiry and/or Police investigation and consider the implications;
- Consider whether any parallel disciplinary process should take place and agree protocols for sharing information;
- Consider the current allegation in the context of any previous allegations or concerns;
- Consider the safety of all children in the household (including the foster parents own children) and whether any action is necessary to protect the children including the removal of all or any of the children while the investigation is conducted. Any decision to remove children from foster parents will be sensitively and carefully assessed;
- Explore, how the needs of any child who has to leave the placement will be met including education, contact with other children in the placement, etc.
- Plan enquiries if needed, allocate tasks and set timescales;
- Consider the involvement of other agencies, for example if the child was placed by another local authority;
- Look at the need to inform other agencies who use the foster home (possibly including previous placements);
- Confirm the time-scales for the investigation (see below) and any contingencies should timescales not be met;
- Explore how the child should be informed of the procedure to be followed and supported and protected through the process;
- Evaluate whether the alleged perpetrator should be asked to leave the home while the investigation is conducted and confirmation that the chair will inform the carers of the allegation verbally and then in writing;
- Consider how to inform the child's parents of the allegation and the nature/detail of information;
- Identify how the member of staff or foster carers will be supported;
- Look at how reports on the investigation will be shared with the member of staff or foster carers and the child or children in the placement;
- Clarify whether further placements should be suspended pending the outcome of the investigation;
- Make recommendations on whether additional monitoring/visiting requirements by children's social workers are recommended;
- Decide what information can be shared, with whom and when, including who will notify the Regulatory Authority of the outcome of the meeting if a representative is not present;
- Agree arrangements for reconvening the Strategy Meeting.
The following people will be invited to the allegations Strategy Meeting:
- A manager from the local authority Children's Social Care Service who will carry out any Section 47 Enquiry;
- The child's social worker and their manager (placing authority);
- The Designated Person from the Fostering Agency (unless information identifies there are implications/concerns about the Agency itself);
- The Supervising Social Worker linked to the foster parent(s), (if the allegation relates to a foster parent- unless information includes implication/concerns about the Agency);
- The Police;
- Any other Agency involved with the child or foster family;
- A representative from the Regulatory Authority/Ofsted.
The minutes of the Strategy Meeting must contain clear action points and clear time-scales for each action. The action points and timescales will be circulated immediately after the meeting. Actions agreed must be recorded and be the responsibility of named individuals.
Copies of the action points and the minutes should be held on the foster parents' records. A summary should be placed on the child's record.
Any decision to take no further action following the Strategy Meeting must be clearly recorded by the decision-maker on the child's and the foster parents records, and reported to the Regulatory Authority.
The actions agreed at the Strategy Meeting should be implemented by those responsible within the agreed timescales.
In anticipation of the outcome of an investigation in relation to a foster parent being reported to the Fostering Panel, the Supervising Social Worker or their manager should contact the Panel chair to consider whether a special panel meeting will be required (see: Review and Termination of Approval of Foster Parents Procedure).
The member of staff or foster parents should be advised of the allegation as agreed at the Strategy Meeting and of the process to be followed in the investigation, including the possibility that a Child Protection Conference may be convened in relation to their own children.
When an allegation has been made against a foster parent they should be given the opportunity to respond to the allegations before any final decision is made about necessary action to protect the child and other children in the household. Such protective action may include asking the person against whom the allegation has been made to leave the household while the investigation is conducted.
Any decision to suspend making further placements with the foster parent while the investigation is being conducted should be communicated in writing to the foster parentby the Designated Person or the Registered Manager of the Fostering Service.
It should be confirmed that the foster parents are aware of the following:
- The contents of this procedure and the relevant local Multi-Agency Safeguarding Children Procedures;
- The address and contact telephone number of the independent organisation identified to provide the foster parents support is FosterTalk;
- All foster parents that have been approved with Family Fostering are members of Fostertalk. They provide independent support to our foster parents when an allegation is made against them. This support includes guidance, advice, and emotional assistance from independent advisors who are separate from the fostering service. FosterTalk ensures that foster parents receive impartial and confidential support throughout the allegations process, including help with written representations, mediation, and attending meetings if needed and can be contacted on 0121 758 5013;
- Information regarding consulting a solicitor;
- Information on insurance arrangements for legal expenses.
It should be confirmed that the member of staff or foster parent concerned is aware of the following:
- The contents of this procedure and the relevant local Multi-Agency Safeguarding Children Procedures;
- The address and contact telephone number of the person/organisation identified to provide support;
- Information regarding consulting a solicitor.
The social worker undertaking the investigation into the allegation will prepare a report on the investigation and a copy will be provided to the member of staff/foster parents and their representatives.
Members of staff and foster parents must be informed how they will be supported during the investigation (including arrangements for payments).
Local information for payments – see Local Resources
During an investigation, Foster Talk can provide support, which is independent of the Agency, available to the person subject to the allegation and, where this is a foster parent, to their household, in order to provide:
- Information and advice about the process;
- Emotional support; and
- If needed, mediation between the foster carer and the Agency and/or advocacy (including attendance at meetings and panel hearings).
Those identified to provide support must be requested to contact the member of staff or the foster parents as soon as practicable after the member of staff/foster parents are made aware of the allegation, and explain their role. They must make clear their responsibility to report to the local authority, the Police and in some circumstances to the court if any information relevant to the investigation comes to their attention. [1]
[1] Those supporting foster parents should never undertake this in a way that obstructs a child protection investigation
Keeping parents informed
Family Fostering would usually inform the parents of the child/ren involved of the allegation and the process that is being followed unless this will be detrimental to the welfare of the child (where the council holds parental responsibility) or impede the disciplinary or investigative processes. The LADO can advise Family Fostering whether or not the parents should be informed. However, in some circumstances, the parent/s may need to be told straight away (e.g. if a child is injured and requires medical treatment).
The parent/s and the child, if sufficiently mature, should be helped to understand the processes involved and be kept informed about the progress of the case and of the outcome where there is no criminal prosecution. This will include the outcome of any disciplinary process, but not the deliberations of, or the information used in, a hearing.
The Strategy Meeting will be reconvened to conclude the investigation. The same people will be invited and the same person will chair the meeting (usually the LADO).
The purpose of the final Strategy Meeting is to agree on the outcome of the investigation and responsibilities for any further action including reporting on the matter to the Fostering Panel (in relation to foster parents) and/or considering whether a referral to the Disclosure and Barring Service is required.
Note: as a 'regulated activity supplier', where an allegation has been substantiated or a member of staff has been dismissed, there is a legal duty to refer information to the DBS: staff who maybe social workers, health staff or psychologists, etc. or (support) teachers for Family Fostering will be referred to Social Work England, the HCPC or Teaching Regulation Agency (respectively). The employer is responsible for notifying regulatory bodies and making the referral to the DBS.
Although this will always be envisaged as the final meeting, should new information come to light further actions may be required thereby necessitating the suspension and rescheduling of the meeting.
The meeting should agree who will notify the member of staff/foster parents the child, the parents, other children in the placement or involved, other relevant agencies and the Regulatory Authority (if they do not attend the meeting) of the outcome of the investigation.
In any event the meeting may wish to draw to the attention of Fostering Panel members certain areas of the foster parents practice in need of their close consideration.
Where the investigation related to foster parents, a report should be presented to the next available Fostering Panel. The Registered Manager will liaise with the social worker who has prepared the report and consult with the chair of the Fostering Panel who will advise on who should attend the panel meeting (usually the Supervising Social Worker and the foster parents) and whether or not a special panel meeting should be convened. Where appropriate, consideration should be given to additional supports, or work undertaken with the foster parents/staff member, identifying any additional training needs, etc.
Prior to the Fostering Panel, the foster parents and their representative should have seen, and had time to comment on the report being presented to the panel. The procedure to be adopted for the Fostering Panel will be the same as for any other foster parent review - see Review and Termination of Approval of Foster Parents Procedure.
In other situations, Family Fostering will consider whether disciplinary proceedings against staff are appropriate.
Where the concerns have not warranted further and more serious action, other investigative routes may be identified as more appropriate at this stage, for example, the complaints process.
Consideration should be given to holding a debriefing meeting for all involved as to the impact of the allegations and the investigation, whatever the outcome, and any necessary assistance should be made available as necessary.
A clear and comprehensive summary of any allegations made against a particular member of the fostering household, or staff member, including details of how the allegation was followed up and resolved, a record of any action taken and the decisions reached, is kept on the person's confidential file. A copy is provided to the person as soon as the investigation is concluded. The information is retained on the confidential file, even after someone leaves the organisation, until the person reaches normal retirement age, or for ten years if this is longer. A summary should be held on the child's record.
Last Updated: June 2, 2025
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