Future of foster care: consultation analysis – updated final report

9. Status, Recognition and Value

The consultation paper reports feedback from fostering services, foster carers, and those representing them, that more needs to be done to improve the status, value and respect given to foster carers. This chapter presents the analysis of responses to a number of questions which sought views on how this could be achieved, including proposals about:

• Establishing a national charter of support for foster carers and fostering services that would be co-designed with carers and local partners.
• Further guidance to help foster carers in decision-making.
• How to respond to allegations and processes for raising concerns.

National Charter

Q25. What are your views on the proposal for a national charter of support for foster carers?

Three quarters of all respondents commented at Q25. The most prevalent themes were support for the proposal, that a national charter must be backed by action, that a charter was not necessary, and that a charter would clarify expectations for foster carer support.

Support for a national charter

By far the most prevalent theme was agreement with the proposal for a national charter of support for foster carers. Comments included that it ‘made sense’, was a ‘good idea’, and that it was ‘needed’ and ‘welcomed’. Other views included that it would help carers feel valued, potentially reduce the need for IFAs and promote carer credibility on an equal footing alongside other professionals.

“Key insights shared by foster carers indicate a warm reception to the idea of a national charter of support.” - Safe Families and Home for Good

Any charter must be actioned

To be meaningful, several respondents and attendees at an engagement event felt any charter for support for foster carers would need to be backed by action. Views suggested that a charter was good in principle but would require implementation, such as through allocating resources, ensuring it was legally enforced and monitored and that cultural change among social workers would be needed, such as attitudinal change or to increase their capacity to offer support. One suggested way to promote adherence to a charter was to align the charter with the Care Inspectorate’s role, as this could enable a redress mechanism in cases where the charter is not being upheld.

A charter is unnecessary

Several respondents felt a charter was either unnecessary, for instance, because existing support was already included in foster care agreements or set out in organisational guidance. Some highlighted that the Fostering Network already had a national charter in place. Some left negative comments, indicating a charter would not be useful, that it would not create meaningful change, that it was not a priority, or that it could be perceived rigidly, so that support outwith the charter would not be offered. Attendees at one engagement event felt a register would not give rich data about matching placements. They, and others attending the Community Placement Subgroup event, expressed the view that a charter would be of little value.

“Fostering services by law are required to ask foster carers to sign a fostering agreement which specifies what foster carers can expect from the fostering service and what the fostering service can expect from foster carers, so this is already in place.” - Individual

A charter would clarify the expectations of foster carers

The ability of a national charter to clarify the expectations of foster carers and promote consistency was highlighted by several respondents. Consistency across Scotland, as well as between local authorities and IFAs, was mentioned. It was suggested that improved consistency resulting from a charter could create a better understanding of the role of foster carers. A charter was also viewed as a way to provide a clearer framework of rights, responsibilities and support, such as making remuneration explicit, setting out the role of foster carers in decision-making or how carers should be treated.

“A national charter would help set out national expectations. A charter would be helpful in terms of carers seeing national support for what they do.” - Perth and Kinross Council

Views on how a charter could operate

Views on how a charter could be introduced were raised by some respondents, including:

• The child’s voice should be centred in the charter, including engaging with them to develop a charter, and that it should be aligned with the Promise.
• A charter should be developed in conjunction with foster carers, frontline workers and other stakeholders.
• Alignment with existing processes and documents, such as the Care Inspectorate’s Quality Framework for fostering, adoption, and adult placement services and health and social care standards, is required.
• It should describe a new culture around foster care, for instance, considering the balance between foster care as a vocation and the professionalism of the role.
• An independent complaints body is needed.
• IFAs should be able to contribute to its development.

Aspects that a charter should cover were also suggested, such as carer, professional, and agency responsibilities, the introduction of automatic ‘relevant person’ status in children’s hearings, e.g. to secure the rights of carers to fully participate in a child’s hearing and care planning and ensuring that carers have full information about a child.

“Any charter needs to set out responsibilities of foster carers, not just of agencies and above all, children should be centred. Nevertheless, a national approach to this area is positive.”- Stirling Council

Q26. What else could national government do to increase the value, status and recognition of foster carers?

Almost three quarters of all respondents commented at Q26. In addition, respondents left comments on the issue of increasing the value, status and recognition of foster carers throughout their responses, particularly at Q11, Q12, Q15 and Q25. Those comments have been incorporated into the analysis of this question.

A range of views was expressed, with the most prevalent themes being that foster carers should have comparable recognition or status with other professionals working to support children and families, that more financial support or support in kind should be given, that cultural change is needed, and that carers should have employment rights or be salaried.

Carers should be treated the same as other professionals

More respect and recognition should be given to foster carers, similar to that afforded to other professionals, according to several respondents. Views included that the skills of carers should be respected, that the role should have legal standing, that they should be registered with the SSSC, or that other professionals should be more open with foster carers and enable access to relevant meetings. For instance, some called for foster carers to be granted automatic rights to be a ‘relevant person’ in the Children’s Hearing System or to advocate on behalf of children in child protection cases. The need to avoid a perception of foster carers being ‘glorified babysitters’ was raised by a few respondents, including attendees at various engagement events.

“Just for you to remember we are doing a great job trying to support these young people. We are human, though, and like most parents will make mistakes. Try not to be so hard on us when we do. We do this job because we care and want to improve the lives of all young ones, to give them a loving and supportive home. All we ask is for you to recognise this.” – Individual

Provide more financial support or support in kind

Several respondents called for improved financial support or benefits in kind to better value the role of foster carers. Views expressed were similar to those raised in Q4. Additional points raised included paying the minimum wage, building in annual increments, for instance, to take account of inflation, offering tax breaks, and separating the fee from the children’s allowance. Attendees at one engagement event suggested reduced-price tickets to attend the cinema or parks.

“Give us allowances that increase with inflation so that we don't have to fight for the means to be able to provide for Scotland's most vulnerable children.” - Individual

Cultural change is needed

The government could enhance the value, status and recognition of foster carers by supporting cultural change, according to several respondents. This could be by raising awareness of what foster carers do and how it benefits children and young people, while addressing stigma towards children in care. For instance, some suggested national awareness campaigns or holding recognition award events for foster carers.

The Promise Scotland called for the vision and plan to be strengthened to ensure the specific needs of groups that face discrimination in and around the care system are properly understood and reflect, including those of black and minority ethnic communities. Others suggested addressing the knowledge and attitudes of social workers such as reviewing the content of social work education or having student placements in foster services.

Staf called for a shift in thinking around retention, noting that there should be recognition of the valuable role foster parents could make to a successful model of lifelong care. They felt this could be achieved through enabling an environment that continued to support relationships beyond the formal fostering part, bringing the family experience of those in foster care closer to that of their non-care experienced peers.

“The national campaign mentioned earlier is a good opportunity to increase the value, status and recognition of foster carers. Aligning this with the Each and Every Child recommendations could help in ensuring a campaign that profiles the valuable work of foster carers and challenges preconceptions that the public may hold.” - COSLA

Place more trust in foster carers

The need for carers to be taken seriously or trusted by other professionals was emphasised by some respondents, two thirds of whom were individuals. For instance, attendees at one engagement event suggested foster carers felt scrutinised or constantly assessed and that this was not consistent across Scotland. Calls were made to include carers in decision-making forums when advocating for the child’s best interests such as requests for funding, within children’s plans or Children’s Hearings, or in shaping policy. This is detailed more at Q28.

Other themes

Other themes highlighted by some respondents were to give carers employment rights (see Q19), provide more training or qualifications (see Q14-15), provide more support to carers (see Q17), introduce a register of foster carers (see Q29), and provide more social opportunities or peer support (see Q17).

Day-to-day decisions

The consultation paper states that day-to-day decisions made for children by foster carers depend on the local authority, safeguarding of the child’s health, development, and welfare, and parental agreement. Existing Scottish Government guidance supports this.

Q27. Is the existing framework under which foster carers can make decisions clear?

Of those answering Q27 (67% of all respondents), two thirds (67%) felt the existing framework is not clear, compared to 33% who felt it is. Similar results were recorded by both individuals and organisations, with 67% of each group expressing the view that the existing framework is unclear.

Three in five respondents left a comment to explain their answer. The most common themes, in order of prevalence, were that the existing framework for decision-making is too complex and requires simplification, that decisions often depend on social worker discretion, and that the existing framework is generally clear.

Complex and requires simplification

Many respondents felt that the current framework under which foster carers make decisions is unclear, noting that there is a lack of information, that it is inconsistent, ambiguous, and creates additional layers of bureaucracy. This was found to be challenging for foster carers and knowing what decisions they could make. Calls were made for updated guidance with good practice, along with updates to the framework, and having a centralised national framework.

Dependent on social worker, legal status and area

Several respondents detailed that guidance on foster carer decision-making is often at the discretion of social workers. They noted that this can result in unclear and changeable guidance, slow responses, and issues with changes in social workers.

Some respondents highlighted differences in decision-making depending on the legal status and medical consent of children, resulting in case-by-case decision-making. A small number of respondents highlighted a lack of consistency across different local authorities, resulting in inconsistent application of the framework and advice given to foster carers.

Generally clear

The existing framework for foster carer decision-making was felt to be clear by several respondents, such as being easy to read and understand. Specific areas of the framework respondents highlighted as being clear included those about permanence planning, placement agreements, decisions that social workers need to make for children in foster care and parental responsibilities.

Views of birth families

Challenges when birth families hold different views around decisions for the child to foster carers were highlighted by several respondents. These respondents expressed the view that decisions made by parents are not always in the best interest of the child. They also suggested that decision-making can be dependent on the relationship between parents and social workers. Some respondents advocated for foster carers to have increased decision-making abilities and support in making decisions for children in their care, such as for haircuts, school trips and other day-to-day decisions.

“This is a challenging area and there is a balance to managing risk. As the Promise illustrates, and as we support other types of carers, we need to adopt a strength-based approach to support dialogue between birth parents and foster carers and enable family life. If carers can pass an assessment to become a foster carer, it makes sense that they can be trusted as competent to make day-to-day decisions." – Stirling Council

Q28. Would further guidance, for example, good practice, be helpful to support decision-making for foster carers (sometimes called delegated decision-making) be helpful? If yes, please explain what you’d like it to include.

Of those answering Q28 (68% of all respondents), most (86%) agreed that further guidance would be helpful to support decision-making. Four fifths of individuals (80%) and almost all organisations (96%) favoured this approach.

Just over half of respondents commented at Q28. The most common themes were suggestions for what guidance could cover, that further guidance would provide clarity and understanding for foster carers, and general agreement with the need for further guidance.

Suggestions for what further guidance should cover

Several respondents suggested what further guidance should cover, identifying existing gaps and where additional clarification would be beneficial. They requested a simple guide with good practice examples, and guidance on decisions about haircuts, medical needs, taking children to church, shoes and clothing, diet, ear piercings, sleepovers, weekends away, school permission slips, and school trips. It was also suggested to have guidance for when birth families hold a different view. One respondent suggested having a launch and awareness raising of the new guidance. Rather than new guidance, some respondents suggested updating the existing 2015 decision-making.

Support for further guidance

Some respondents made general comments on the need for further guidance on decision-making, noting it would be useful for foster carers and that there is currently a gap in existing guidance. Further guidance was felt to provide greater clarity and understanding of decisions that foster carers can make to support children in their care. Two respondents commented that improved guidance can support normalising life for children and young people, with foster carers able to make decisions without needing to check with social workers or birth families. One respondent noted the need to ensure that further guidance does not negatively impact foster carer recruitment by placing too much decision-making responsibility on foster carers.

Disagreement

Disagreement with having further guidance was noted by some respondents, mainly local authorities. They expressed the view that there is already existing advice and that this needs to be applied more widely, rather than developing further guidance.

Allegations and raising concerns

The consultation paper sought views on managing allegations and raising concerns, explaining that the 2013 managing allegation best practice guidance was published by the Scottish Government and that improvements to this allegation management practice were suggested within a recent survey of foster carers. Existing policies within local authorities for foster carers to raise concerns without adversely impacting on themselves were noted, along with how foster carers are well placed to highlight child protection issues.

Q34. Should the Scottish Government update its guidance on managing allegations against foster carers?

Among those answering Q34 (65% of all respondents), most (91%) agreed that the Scottish Government should update its guidance on managing allegations against foster carers. High levels of agreement were recorded by both individuals (88%) and organisations (96%).

Seven in ten respondents commented at Q34. The most common themes in order of prevalence were reasons why the guidance should be updated and to increase support for foster carers.

Support and reasoning for the need for updated guidance

Many respondents supported updated guidance on managing allegations against foster carers and highlighted areas they thought were most in need of updating. Issues raised by some respondents, in order of prevalence, included:

• A general need to update the guidance, such as for regular updating or to refresh language and take account of best practice and research learnings.
• To improve procedures relating to managing allegations, to clarify timescales and processes such as information sharing, roles and responsibilities, assessments and monitoring and outcomes of allegations.
• To ensure a positive experience for children and young people, such as by adopting the Scottish Child Interview model, centralising children’s views, including those of very young children, embedding children’s rights and advocacy, and addressing the need for trauma-informed and Fetal Alcohol Spectrum Disorder-informed approaches.
• A need to update the guidance in relation to current child protection procedures, for instance, to review whether children in foster care should be included in the Child Protection Register.

A few respondents highlighted the following issues worth updating:

• To address social worker contact with foster carers or families, such as social worker inspections, to build relationships with children and young people and to ensure regular home visits to reduce the risk of placement breakdown.
• To incorporate implications of social media use in relation to allegations.

“The Scottish Government should ensure processes and guidance uphold recommendations from the UN Committee on the rights of the child, including: Access to justice - ensure children have access to confidential, child-friendly and independent complaint mechanisms, including those in foster care. Combatting violence and abuse - develop measures to prevent violence against children in alternative care; investigate all cases of abuse and ill-treatment of children in alternative care, ensure adequate sanction of perpetrators and reparation for victims, and ensure expert support for child victims.” - Together (Scottish Alliance for Children’s Rights)

Need for increased protection and support for foster carers

Calls for increased protection and support for foster carers following allegations were made by many respondents, the majority of whom were individuals. They highlighted that allegations can have negative impacts on foster carers and can be damaging to relationships between foster carers and other services.

The need to include allegations in initial training for foster carers was advocated by attendees at an engagement event, as it was felt that this may influence whether someone wishes to proceed with their training or not. It was also highlighted that allegations can lead to people leaving foster caring, a point raised at another engagement event. It was noted that foster carers do not always feel like they are treated with respect and listened to following an allegation.

Suggestions for improved support for foster carers in these instances included:

• Increasing communication with foster carers throughout the allegation process.
• Providing HR, emotional and legal support for foster carers, similar to what is available to social workers.
• Offering therapy during and after allegations, and the need to view allegations through a trauma-informed lens, were points raised by attendees at one engagement event.
• Ensuring that allegations are investigated.
• Treating foster carers as innocent until proven guilty.

Increased communication with social workers and protections when social workers make allegations against foster carers were also highlighted Attendees at an engagement event suggested foster carers should have access to advocacy while allegations are investigated. Union support for foster carers was also suggested.

“We heard about poor and delayed information sharing with foster carers during periods of investigation, and even after investigations were concluded. In most of these cases, inadequate staffing in the local authority, or a lack of clear responsibilities for communication with foster carers were identified as the cause of this. Foster carers explained that the lack of information sometimes caused them more distress than the allegations as uncertainty continued to impact the family.” – Includem

Other considerations

Some respondents expressed the view that there should be increased recognition that prior trauma experienced by children and young people can be a contributor to making allegations. Suggestions were made for allegation processes to be trauma-informed, and providing additional support for children and young people in these instances.

“An allegation against foster carers can sometimes come from a child or young person unable to manage and struggling to communicate this due to experiences of trauma. Guidance should be focused on trauma-informed practice so that when issues arise, they are dealt with sensitively and support is given to get to the root cause of the allegation, whether it be a genuine safety risk or because of other things going on in a child’s life.” - Aberlour

Introducing guidance to create consistency across local authorities was suggested by some respondents. Individual suggestions were made that this could take the form of a charter, multi-agency guidance or a national allegations protocol. Some respondents expressed a view that foster carers should continue to be paid their fees while they are under investigation for an allegation.

A few respondents provided comments about what more can the Scottish Government do to ensure that allegations against foster carers are dealt with quickly and fairly. Singular comments included that the Care Inspectorate already ensure that timescales and standards are met, capacity and timelines can be impacted by concurrent police investigations or child protection, both of which are necessary, and to remind foster carers about their right to access advocacy. Two respondents commented that existing guidance is sufficient, while one respondent noted the need to ensure that children have access to confidential and independent complaint mechanisms.

Q35. Is there a need for the Scottish Government to take action in [relation to raising concerns]? If so, please explain why and what would be helpful, for example best practice guidance?

Almost two thirds of respondents commented at Q35. The most common themes, from most to least prevalent, were the need for policies and procedures to support and encourage foster carers to raise concerns without any adverse impact, that action is not required and, conversely, reasons why action is needed.

Requires policies and procedures

Several respondents thought it would be beneficial for policies and procedures to be in place to support and encourage foster carers to raise concerns. Suggestions varied between these being provided by an agency, local authority or taking a national approach. A range of suggestions were made for the form these could take, including:

• Having options for foster carers to talk to independent third parties to raise concerns, in order to talk openly and in confidence.
• Creating a Scottish Government policy on raising concerns.
• Developing best practice guidelines and or standards at a Scottish Government level, to promote a consistent national approach across local authorities and agencies for raising concerns.
• Ensuring consistent following of guidelines across local authorities.
• Having whistleblower rights and protections, to protect foster carers and encourage the sharing of concerns.

“National Guidance is needed to support [local authorities] but also would make process clearer and feel more supportive to carers themselves.” - Individual

Some respondents suggested that more resourcing and education would be helpful. Suggestions included investment and resourcing for local authorities, improving the availability of guidance, greater resourcing for investigations, and training and supervision about raising concerns. One respondent suggested working with Police Scotland to review the process.

Ensuring that foster carers have full information on the processes and timelines for raising concerns, so they know what to expect, was also requested by some respondents.

Unnecessary for the Scottish Government to take action

Comments that there is no need for the Scottish Government to take action in this area were made by several respondents. It was suggested that current policies, procedures and support provided by IFAs and local authorities are sufficient and that it is not a role for the Scottish Government.

“Speaking from an IFA point of view, I am always encouraged to raise any issue around safeguarding, policy, best practice, etc. and feel my concerns are taken seriously and acted upon without detriment to my standing with the agency.” – Individual

Reasons why action is needed

Several respondents explained why they felt action is needed regarding foster carers raising concerns. They noted the need for foster carers to be able to raise concerns without consequences, to be listened to and have their concerns acted on.

Improving and addressing social worker practice was also suggested by some respondents. Challenges were highlighted around foster carers raising concerns about social workers either regarding a child’s welfare or unprofessional behaviour of social workers.