What Decisions Can I Make?

Many foster carers and children who are looked after face obstacles to everyday activities, like going for haircuts, school trips and sleepovers, which can make children's lives more difficult.

Foster carers, in their own right, do not have a legal status to make decisions and delegated authority is the term used for all the responsibilities, consents and decisions that foster carers are authorised to undertake on behalf of a young person's birth parents (if they are the sole holders of parental responsibility) or the birth parents and the local authority (if parental responsibility is shared). Holders of parental responsibility can delegate authority to foster carers to make decisions, but parental responsibility, in itself, cannot be delegated

Foster carers have different levels of expertise and experience and it would neither be safe nor appropriate for Nottinghamshire to have a "one size fits all" position on delegated authority. Delegated authority means having discussions at planning meetings and reviews about the quality of a young person's everyday life. Things change over time and what might be safe and appropriate for a seven year old, when s/he is placed with foster carers, may not be appropriate when they are twelve.

When deciding who should have authority to take particular decisions, this will depend usually, in part, on the long term plan for the child, for example:

• Where the plan is for the child to return home, the child's parents should have a significant role in decision-making;
• Where the plan is for long term foster care/Fostering For Adoption, you should normally have a significant say in the majority of decisions about the child's care, including longer term decisions such as which school the child will attend.

Everyday activities require everyday decisions and it is important that those with parental responsibility are clear about the responsibilities, consents and decisions that are delegated to foster carers. Activities such as allowing a young person to go a friend's house for a sleepover or signing a consent form for a school trip or making arrangements for a haircut...these are all everyday activities that should be discussed at planning and review meetings and on an ongoing basis with your supervising social worker. The Placement Planning meeting which is held when a child is placed with you should clearly state what decisions you can make about everyday life. The views of the child should also be considered. In some cases a child will be of sufficient age and understanding to make decisions themselves. For example, they may have strong views about their personal appearance, and it may be decided that they should be allowed to make these kinds of decisions themselves.

All decisions to delegate authority should be recorded in the Placement Plan.

How this can help:

• Reduces delays in decisions being made;
• Reduces the emotional stress delays can cause to the child/young person;
• Reduces the stress for you and your family;
• Acknowledges you as a professional and part of a team working with the child;
• Normalises the child/young person's experience of being in foster care;
• Better use of resources and people's time.

Talk to your supervising social worker about the everyday activities in which you would feel comfortable if decision making authority was delegated to you. With your supervising social worker, raise the issue of delegated authority at the young person's planning meeting and at his/her subsequent looked after reviews. Ensure that there is a written, dated record as to the decisions, consents and responsibilities that are delegated to you as the young person's foster carer.

If the young person is 16 there are some things that they can give consent to in their own right. Young people aged 16/17 are generally able to give their own consent to medical treatment. Younger children may be able to consent if they are of sufficient age and understanding. This will be for the medical professional to decide, depending on the individual circumstances. They can also consent to their own Care Plan if there is no court order. For example, they may have strong views about the often contentious issue of haircuts, and if the child is of sufficient age and understanding, it may be decided that they should be allowed to make these decisions themselves.

When deciding whether a particular child, on a particular occasion, has sufficient understanding to make a decision, the following questions should be considered:

• Can the child understand the question being asked of them?
• Do they appreciate the options open to them?
• Can they weigh up the pros and cons of each option?
• Can they express a clear personal view on the matter as distinct from repeating what someone else thinks they should do?
• Can they be reasonably consistent in their view on the matter or are they constantly changing their mind?

Regardless of a child's competence, some decisions cannot be made until a child reaches a certain age, for example, tattoos are not permitted for a person under age 18 and certain piercings are not permitted until the child reaches age 16.

Delegated authority should be consistently monitored in case there is a need for change and discussed at the child's review or with the child's social worker if the decision needs to be taken quickly.

Please see Delegated Authority form in files Local Resources for an example.