B v M

Local authorities must address the statutory framework governing private fostering when a child is placed with non-relatives for more than 28 days. They must assess the proposed arrangement, establish the duration, welfare arrangements, contact, financial provision and relevant addresses, and monitor the placement thereafter. A notification does not permit the authority simply to transfer responsibility or treat assessment as a formality. If the arrangement is unsuitable, or the child’s welfare is not satisfactorily safeguarded, the authority must take reasonably practicable steps to secure appropriate care, which may include support, accommodation or care proceedings. The authority must also consider assistance under sections 17 and 20 of the Children Act 1989, and, where appropriate, an interim care order under section 38.

The proceedings concerned a child who had been cared for almost from birth by his father’s second cousin and the carer’s partner. The arrangement was notified as a private fostering arrangement, but the required assessment, regulatory steps and continuing oversight were largely not completed. The mother later sought the child’s return, while the carers maintained that she had abandoned him. The local authority issued wardship and care proceedings after several years of limited parental contact. The court conducted a fact-finding hearing concerning the conduct of the parents, carers and local authorities, including whether the carers had unlawfully retained the child and whether the authorities had failed to discharge their statutory responsibilities. The court also considered the legal framework governing private fostering and alternative accommodation.

1. Statutory responsibilities. The court applied the principles in Re L and M (Children) [2013] EWHC 1569 (Fam). Private fostering is governed by Part IX of the Children Act 1989, the Children (Private Arrangements for Fostering) Regulations 2005 and the relevant statutory guidance.
2. A privately fostered child is generally a child under 16, cared for in the carer’s home by a non-parent and non-relative without parental responsibility, where the arrangement lasts, or is intended to last, more than 28 days. Once notified, the local authority must assess the arrangement and satisfy itself that the child’s welfare is being satisfactorily safeguarded and promoted. The assessment must address the carers, household, intended duration, contact, finances, education, daily care and relevant information about the parents and child.
3. The authority receiving notification must undertake the necessary assessment itself before brokering or signing off the arrangement. It should not simply transfer responsibility to the authority where the carers live. The authority must prepare a written report and conduct continuing visits, with particular attention to contact and the progress and viability of the placement.
4. Assessment is not a rubber-stamping exercise. If the arrangement is unsuitable or the child’s welfare is not satisfactorily safeguarded, the authority must take reasonably practicable steps under section 67(5) to secure care and accommodation by a parent, person with parental responsibility or relative where that is in the child’s best interests. Appropriate action may include support to the family or carers, alternative accommodation or care proceedings.
5. The authorities also failed to consider the available routes under sections 17 and 20 of the Children Act 1989, and the obvious potential route of an interim care order under section 38. The court found that the authorities’ failures to assess, obtain information, clarify contact and act promptly materially contributed to the situation. It did not need to decide whether the initial placement was lawful, but found that it had become unlawful by the expiry of 28 days and, in any event, when the mother withdrew her consent.
6. The court made detailed factual findings. It rejected the allegation that the carers had deliberately alienated the child from his mother. Responsibility for the resulting situation lay, from a welfare perspective, with the parents, carers and both local authorities.