Disclosure and Barring Checks and Persons Disqualified from Fostering

1. Disclosure and Barring Service (DBS) Background

The Disclosure and Barring Service was established by the Protection of Freedoms Act 2012. With effect from 1st December 2012, the Criminal Records Bureau and the Independent Safeguarding Authority merged to become one body - the Disclosure and Barring Service. This body carries out the previous functions of both organisations, such as conducting criminal record checks to enable an assessment to be made on the suitability of a person to care for, or work with children and/or vulnerable adults (previously carried out by the Criminal Records Bureau) and maintaining the 'Barred Lists' of individuals barred from working with children and/or vulnerable adults (previously held by the Independent Safeguarding Authority).

Where Disclosure and Barring Service (DBS) checks reveal that an applicant for approval as a foster carer is a disqualified person, the applicants must be advised that their application cannot proceed. This must be confirmed in writing to them, together with the reasons, and retained with their application form. The file should also be closed electronically. See Section 6, Persons Disqualified from Fostering.

2. When is a DBS check required for any member of the foster family or support network

Fostering services in England have an obligation to undertake statutory checks - an enhanced Disclosure and Barring Service Certificate, often known as DBS checks - on all fostering applicants and other household members aged 18 and over. Once Foster carers are approved, the DBS check will be updated at least every 3 years. This is to enable Fostering social workers to consider any criminal convictions, cautions or other information held by the police that raise issues of concern. These can then be explored in relation to the household's suitability to foster and so to help prevent children from being placed in potentially harmful situations.

DBS checks for foster carers own children, regular visitors and other members of the support network

Who will need to have a DBS checks completed:

1. All adult children of foster carers and other adults who live in the foster home, including former looked after children aged 18 and over. This also applies to adults;
2. Any adult children and other members of the support network who regularly visit (1) the foster home;
   
   A regular visitor is defined as a person aged 18 and above who visits the foster carer/"Staying Put" household 4 times in any 30 day period, or has 1 overnight stay.
   
   
3. All visitors who spend unsupervised time with children looked after when they visit the home;
4. Adults who carry out "regulated activity" with a foster child.
   
   Regulated activity refers to any adult who offer care and supervision of children (carried out once a week or more often) or on four or more days in a 30-day period or an overnight and this care is unsupervised.

Monitoring:

Monitoring of DBS checks is the responsibility of the foster carer(s)' Supervising social worker and is discussed as part of supervision and the Foster carer(s)' annual review. Foster carers are responsible for reporting of any changes to the fostering household, including any changes in regular visitors and support network.

The Safer care policy specifies who spends time within the fostering home and contain details of adults who require a DBS check. The Safer care policy is updated when there are any changes to the household and visitors to the home.

3. When a DBS Check for a CLA is Required

Where a young person remains in a foster placement under a "staying put" arrangement or in a residential placement from their 18th birthday, they will need to be subject to a Disclosure and Barring Service (DBS) check as they will become adult members of the foster household/children's home.

The DBS process will need to commence when the child reaches the age of 17 and be completed by the young person's 18th birthday (this will include any risk assessment process, should the DBS check highlight a 'trace' (i.e. an offence or issue).

If the DBS check is not completed by the young person's 18th birthday a risk assessment will need to be undertaken and the placement/"Staying Put" arrangement approved following the standard Hertfordshire escalation/approval process, written approval must be in place by the young person's 18th birthday.

4. Procedure to Follow When Applying for a DBS for a Child Looked After

4.1 In House Fostering

1. When a Child Looked After reaches the age of 17 and it is anticipated that they will remain in their foster care placement as a "Staying Put" arrangement (and the placement will remain a regulated foster care/supported lodgings household) the DBS checking procedure should commence;
2. Where a child of a foster carer reaches the age 17 and it is anticipated that the foster carer will continue to foster, or take future foster children, when their child reaches the age of 18, the DBS checking procedure should commence;
3. The Supervising Social Worker (SSW) will start the process and will check the necessary identity documentation (ID);
4. The person (young person in placement or child of the carer) requiring the check must complete the application themselves online. They can be supported by the Supervising SW or the Foster Carer to complete this;
5. The applicant can monitor the progress of their check online. This is a password protected process;
6. The ID checker will be sent an email notifying of the results being sent out to the individual. The ID checker can view the certificate reference number online;
7. The disclosure certificate should be viewed and copied by the SSW;
8. If there is a trace on the check the Team Manager of the relevant Fostering team will be alerted;
9. If there is a trace, a Risk Assessment will be completed by the SSW in consultation with the young person's social worker;
10. The person that the trace relates to will be required to attend a meeting to discuss the trace to enable the assessment to be completed. In exceptional circumstances a telephone interview may take place dependant on the individual trace and circumstances, where this occurs it must be noted on the risk assessment paperwork;
11. The Risk Assessment should be approved by the Fostering Team Manager;
12. The Risk Assessment should then be sent to Safe Staffing Team for review, and then they will meet and sign off the Risk Assessment with the Operations Director, Specialist Services;.
13. If at any point the risk is deemed too high in terms of the impact on the foster children in the placement, a decision will be made about the placement continuing;
14. A re-check will need to take place if the relevant person remains in the placement after their 21st Birthday, i.e. the DBS check should be repeated every three years);
15. Where a young person commits an offence within the three years of the DBS Check, not all offences will be automatically notified to the Safe Staff Team. Young people must be told that they must disclose information about any offence they commit. Failure to notify may result in the "Staying Put" arrangement or residential placement being terminated.

4.2 Family and Friends/Connected Person Placements

For a young person reaching the age of 18 in a Connected Person (Family and Friends) Placement a DBS check will need to be carried out if there is another Child Looked After in the placement, or further children will be placed.

4.3 Hertfordshire County Council Managed Residential Placements

See above. The same process applies as with young people in foster care.

The Residential Manager will be responsible for initiating the process and checking the relevant documents and approving the Risk Assessment prior to sending the DBS Check and Risk Assessment to the Safe Staffing Team.

4.4 Independent Placements

Brokerage will have responsibility for informing all relevant agencies and providers of this process.

The Fostering Agency or Independent Residential Provider will be responsible for carrying out the process outlined above, in advance of a child in placement turning 18.

Note:

Where a Hertfordshire child is placed in an independent foster placement with a child from another authority who it is anticipated will remain after their 18th birthday, the Social Worker for the Hertfordshire child must inform Brokerage in order that the fostering agency can be contacted to ensure a DBS check is in place for that child by their 18th birthday.

This is an interim arrangement pending the development of appropriate contracts, notification arrangements and independent fostering agencies developing their "Staying Put" arrangements – safeguarding and DBS Check procedures.

Where a child is placed in an independent residential setting and another young person reaches the age of 18, the provider must carry out their DBS and risk assessment and notify Brokerage of any trace that is highlighted on the DBS Check and the arrangements for keeping other children safe. The notification should be sent to the Safe Staffing Team for monitoring.

The Children's and Young People Joint Commissioning Team will ensure that the process described above is incorporated into all contracts with independent providers.

5. Funding for External Checks

The provider is responsible for ensuring DBS Checks and suitable safeguarding arrangements are in place for all children and young adults placed with them. As such providers should undertake/fund DBS Checks as required.

Independent providers should have a policy and procedure for visitors and regular visitors. The policy and procedure should cover the visitors and regular visitors who will be managed by the foster/"Staying Put" carer via delegated authority, a risk assessment process and a safer caring approach and those who require a DBS check.

6. Persons Disqualified from Fostering

A person is disqualified from acting as a foster carer for the local authority (unless a relative of the child or already acting as a foster carer) if s/he or any adult member of the household has been cautioned for or convicted of a specified offence committed at the age of 18 or over.

A specified offence is defined as offence against a child*, an offence specified in Part 1 of Schedule 4 of the Fostering Services Regulations 2011, the importation/possession of indecent photographs of a child under 16 and any other offence which involves bodily injury to a child (other than common assault or battery).

*A list of these offences is set out in the Criminal Justice and Court Services Act 2000, except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child) where the offender was under 20 when the offence was committed and the child was aged 13 or over.

In addition, a person is disqualified from acting as a foster carer for the agency (unless a relative of the child or already acting as a foster carer) if s/he or any adult member of the household has been cautioned for or convicted of an offence specified in paragraph 1 of part 2 of Schedule 4 of the Fostering Services Regulations 2011committed at the age of 18 or over OR falls within paragraph 2 or 3 of Part 2 of Schedule 4, notwithstanding that the offences listed have been repealed.

6.1 New Applications

Where the applicant is seeking approval as a Family and Friend Foster Carer and the person would otherwise be regarded as disqualified, an application for consent to proceed with the assessment in relation to the particular child can be considered by the Agency Decision Maker on the recommendation of the Fostering Panel.

In these circumstances, the assessing social worker responsible for carrying out the checks on the prospective foster carer should prepare a report on the application setting out:

1. The reasons for the application;
2. The circumstances surrounding the conviction or caution which would result in the person being disqualified unless consent is given;
3. An assessment of whether the placement would meet the child's needs despite the conviction/caution; and
4. A recommendation as to whether the application should proceed.

The assessing social worker will arrange with the Panel Administrator a date for the Panel to consider the report and a copy of the report should be sent to the Panel Administrator 10 working days before the relevant Panel meeting.

The Panel minutes will be sent to the Agency Decision Maker, who will consider the recommendation of the Fostering Panel on any such applications.

The decision of the Agency Decision Maker will be recorded in writing and a copy placed on the case record of the applicant. A copy of the decision will also be sent to the person concerned. The decision will also be entered on the electronic records.

6.2 Approved Foster Carers

Where information is provided or updating Disclosure and Barring Service (DBS) checks reveal that an approved foster carer has been convicted of or cautioned for a criminal offence as a result of which he or she will become a disqualified person unless consent is given, an urgent review of the foster carer's approval should be held - see Foster Carers Reviews Procedure - and a written report detailing the circumstances leading to the conviction/caution, together with background information from the foster carer's file, must be presented to the Fostering Panel as soon as possible. The report should contain a recommendation on whether consent should be granted to allow the foster carer to continue to be approved as a foster carer for the child or children currently in placement.

A copy of the report should be sent to the Panel Administrator at least 10 working days before the relevant Panel meeting.

Where such information is received, the social worker for any child currently in the placement must be informed and plans for the termination of the placement will also need to be considered as appropriate.

Where the report recommends the termination of approval of the foster carer, the report should be presented to the earliest possible Fostering Panel.

The Agency Decision Maker will consider the recommendation of the Fostering Panel on any such applications.

The decision of the Agency Decision Maker will be recorded in writing and a copy placed on the case record of the foster carer.

Written notice of the decision, together with reasons, must then be sent to the foster carer as soon as practicable.