Training, Support and Development Standards for Foster Care

1. Training, Support and Development Standards for Foster Care Law and Guidance

2. Aims and outcomes Distinguish what is law from what is not law Identify some relevant law and guidance Identify useful resources Share & develop ways to facilitate awareness of law and guidance with foster carers Training, Support and Development Standards for Foster Care

3. Law Not Law Training, Support and Development Standards for Foster Care

4. Law – a definition ‘1. A rule or set of rules, enforceable by the courts regulating the relationship between the state and its subjects, and the conduct of subjects towards each other.’ ‘2. A rule or body of rules made by the legislature.’ ‘3. The condition and control enforced by such rules.’ Collins Concise Dictionary 3rd Edition 1995 Training, Support and Development Standards for Foster Care

5. What is social work law? The rules that social workers are required to follow in making lawful decisions related to their responsibilities as service providers. The laws that define the specific responsibilities of social workers in providing services Law that defines the profession of social work and provides a framework for the regulation of professional conduct. Brammer, 2007, ch.1 Training, Support and Development Standards for Foster Care

6. Working Alongside Foster Carers 1. Identify areas of law that foster carers need to be aware of 2. Think of an example that highlights a legal issue or question involving a foster carer 3. Share ideas and experiences of work with foster carers to address awareness of legal Issues Training, Support and Development Standards for Foster Care

7. Training, Support and Development Standards for Foster Care

8. Standard 1: understand the principles and values essential for fostering children and young people …a good foster carer ‘treats you equal to other children in the family’ Foster Carers ‘should know about Total Respect’ …and ‘confidentiality policies’ ‘…accept the foster child’s good and bad points as life is trial and error. They should not judge you by your paperwork as you are a person’ The Human Rights Act 1998 Care Standards Act 2000, GSCC Codes Anti-discrimination Legislation Children Act 1989 – wishes and feelings Competence & Consent Mental Capacity Act 2005 & case law (Gillick,1985, Axon, 2006) Common Law on Confidentiality Data Protection Act 1998 Freedom of Information Act 2000 Children Act 2004 s12 & Regulations Principles and values Equality inclusion and anti-discriminatory practice Person-centred approaches Confidentiality and sharing information Training, Support and Development Standards for Foster Care

9. Standard 2: understand your role as a Foster Carer A good Foster Carer is someone who has a very good knowledge of the care system, someone who ‘cares for you’. ‘making sure the looked after children are happier and they feel safe where they’re staying’. Legislation, policies and procedures what and where to find Relationships with parents and others Complaints and compliments The Foster Care Regulations 2002 http://www.opsi.gov.uk/si/si2002/uksi_20020057_en.pdf Children Act 1989 Parts I & II Parental Responsibility (PR) Consultation and Consent Part IV s31, 33, 34 Part III Family support provisions s26 Adoption and Children Act 2002 Training, Support and Development Standards for Foster Care

10. Standard 3: understand health and safety, and healthy care Foster Carers need to know about ‘a good diet, allergies, drugs and alcohol’ ‘understanding teenagers, managing aggressive behaviour, manage the emotional and personality upsets and build ups, self harming, first aid…’ ‘skills in cooking!’ Standard 6: safeguard children and young people (safe from harm) Foster Carers should know about ‘how to handle the system and how to support young people’ ‘what the looked after children have been through’ …should know about the law… ‘make you safe, look after you, be there for you, and are someone to talk to Legislation, policies and procedures Healthy care and medication Personal safety & security Risk assessment Safeguarding Child Abuse and Protection Working with other agencies ‘Whistle-blowing’ (reporting failures in duty) Health and Safety law PR, Competence & Consent Children Act 1989 Parts I & II parental responsibility Part IV s31, 33, 34 Part III Family support provisions Children Act 2004 Public Interest Disclosure Act 1998 Training, Support and Development Standards for Foster Care

11. Standard 4: know how to communicate effectively …my foster carer always took the time to listen and teach me about life, even though I never listened as much as I should I have learned a lot from her experiences… Standard 5: understand the development of children and young people …being loved, getting looked after, being accepted as a family member, getting me through college and hard times, giving me confidence PR, Competence & Consent Children Act 1989 obligations to children and parents Law on confidentiality and access to information Children Act 2004 s52 Statutory Guidance on s52 Wishes and feelings Helping children make own decisions Informing and consulting with parents Respecting children’s confidentiality Record-keeping and information sharing Supporting educational potential Training, Support and Development Standards for Foster Care

12. Standard 7: develop yourself (foster carers need)… support for when they need someone…support from everyone involved with the young person Training, Support and Development Standards for Foster Care