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Delegated Responsibility to Foster Carers and

Residential Care Workers

Background

The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous

Amendments) Regulations 2013 amend the Care Planning, Placement and Case Review

Regulations 2010 with respect to the delegation of decision-making about looked-after children to

their carers.

In addition there is revised Children Act 1989 Guidance and Regulations Volume 2: Care Planning,

Placement and Case Review.

Each local authority should have a published policy setting out its approach to the delegation of

authority to foster carers and residential workers caring for children for whom the local authority is

responsible.

Summary

Key Points:

authority for day-to-day decision-making about a looked-after child should be delegated to the

child’s carer(s), unless there is a valid reason not to do so;

a looked-after child’s placement plan should record who has the authority to take particular

decisions about the child. It should also record the reasons for any day-to-day decision not

being delegated to the child’s carer;

decisions about delegation of authority should take account of the looked-after child’s views,

and consideration should be given as to whether a looked-after child is of sufficient age and

understanding to take some decisions themselves.

The Guidance states that each local authority should have a published policy setting out their

approach to the delegation of authority to foster carers and residential workers caring for children for

whom the local authority is responsible. .The policy should be signed by the Director of Children’s

Services and the Lead Member for Children. Efforts should be made to ensure that all practitioners

(including carers) involved with looked-after children are aware of the policy and abide by it. (If you

have tri.x online procedures, this requirement will be met.)

96 #75 Policy Briefing

October 2013

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The policy should take account of the revised Guidance and in particular the need to maximise,

wherever possible, the authority for day-to-day decision-making that is delegated to looked-after

children’s carers, particularly where the placement is intended to be long term. It should address the

issue of timely decision making. The Policy must cover delegation of decision-making about the care

of a looked-after child, which is likely to fall into three broad areas:

Day-to-day parenting, e.g. routine decisions about health/hygiene, education, leisure

activities;

Routine but longer-term decisions, e.g. school choice;

Significant events, e.g. surgery.

Day-to-day Parenting

All decisions in this category should be delegated to the child’s carer (and/or the child if they can take

any of these decisions themselves). Any exceptions and reasons for this should be set out in the

child’s placement plan within their care plan.

Decisions about activities where risk assessments have been routinely carried out by those

organising / supervising the activity, e.g. school trips or activity breaks, should be delegated to the

child’s carer. There is no expectation that Children’s Social Care should duplicate risk assessments.

Reasons not to delegate to the carer may include those circumstances where a child’s individual

needs, past experiences or behaviour are such that some day-to-day decisions require particular

expertise and judgement. For example, where a child is especially vulnerable to exploitation by peers

or adults and/or where overnight stays may need to be limited, the foster carer or children’s home

may need the local authority to manage this.

Routine but Longer Term Decisions

This category of decisions will require skilled partnership work to involve the relevant people. The

child’s permanence plan will be an important factor in determining who should be involved in the

decision. For example, if the plan is for the child to return home, the parents should be involved in a

decision about the type of school the child should attend and its location, because ultimately the child

will be living with them. Where the plan is for long term foster care, or care in a residential unit until

age 18, the child’s parents must be involved unless there is a care order and the local authority has

decided not to involve them, Where possible the school choice should fit with the foster carer’s family

life as well as be appropriate for the child.

Significant Events

This category of decisions is likely to be more serious and far reaching. Where the child is voluntarily

accommodated, the child’s birth parents or others with Parental Responsibility should make these

decisions. Where the child is under a care order or emergency protection order, decisions may be

made by the birth parents or others with Parental Responsibility, (which includes the local authority),

depending on the type of decision and the circumstances. Such decisions should, however, always

take account of the wishes and feelings of the child and their carer.

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The policy should specifically cover delegation of responsibility in relation to health and education,

involvement of parents, and competence of a child to make their own decisions.

How can we help?

If you’re one of our customers, we have you covered! We’ll be offering you a draft policy which can

be included as part of your next scheduled update of your procedures manual, and which you can opt

to personalise as you wish. If you are not already a customer, we’ll be glad to help. We have a large

team of child care and legal specialists who can help you review your procedures and your

organisational and training requirements. We are cost effective and passionate about improving

outcomes for children and families. To find out more, visit our website or contact us.

Contact Us Kensington House, 50-52 Albany Road, Earlsdon, Coventry, CV5 6JU

www.trixonline.co.uk

T: 024 7667 8053

Copyright: The content of this Policy Briefing can be accessed, printed and downloaded in an unaltered form, on a temporary basis, for personal study or reference purposes. However any content printed or downloaded may not be sold, licensed, transferred, copied or reproduced in whole or in part in any manner or in or on any media to any person without the prior written consent of Tri-X-Childcare Ltd.