Decision Making Guidance for Foster Carers
The Scottish Government commissioned the Scottish Child Law Centre to develop guidance that would help clarify for foster carers what their approach should be when it comes to making day to day decisions that affect the children they care for.
Chapter four
Participation in Planning, Meetings and Hearings
What children say:
"I want my carer to be there for me at children's hearings"
"I don't know the people at children's hearings"
"Social workers are too nosey"
"My carers should listen to my parents in case they get more information to help with my care"
1 Planning
As a foster carer you will be expected to attend review meetings and to participate. You have no right to attend, but would normally be expected to.
2 Children's Hearings
2.1 As carer:
As the carer of the child you will be invited to children's hearings because you will have information that is useful to the children's hearing. You may also have a role in supporting the child, if the child does not have a representative such as an advocacy worker (see Chapter one 2:4).
2.2 As representative
If you have a close relationship with the child, they may ask you to be their representative at their children's hearing. If this is the case, and you do not feel that, as foster parent, you have a conflict of interest, you will have a right to attend the children's hearing with the child. You should be allowed to speak if the child wants you to. You do not have any other rights as such, your role is to assist the child to understand and participate.
2.3 As relevant person
Should you become a relevant person for the child, you will have considerable rights including:
- to receive all of the papers and reports
- to attend the children's hearing and be heard
- to appeal decisions of a children's hearing, and some decisions by a pre-hearing panel
- to ask for a new children's hearing once three months has passed
- to ask for a pre-hearing panel to excuse the child from attending
- to ask for a pre-hearing panel to consider another person as a relevant person
- to have a representative
To become a relevant person you would have to satisfy a pre-hearing panel or a children's hearing that you have significant involvement in the upbringing of the child.
Useful links:
Scottish Children Reporter Administration
http://www.scra.gov.uk/home/index.cfm
Scottish Child Law Centre
Contact
Email: Heather Brown
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