Rosemary Bennett, Social Affairs Correspondent
Enter our Snapshots of Summer photography competition
Smokers will be prevented from fostering children under the age of 5 once the smoking ban comes into force on July 1, The Times has learnt.
The Fostering Network, which oversees Britain’s 42,000 foster carers, is to change its guidance to local authorities and agencies because of the risk of legal action by children in care whose health may be damaged by smoke.
The network said it was imperative to protect children in foster homes from the risk of lung cancer and asthma. Research suggests that young children are particularly at risk.
There are fears, however, that the ban will aggravate a shortage of foster families, which is currently estimated at 10,000. The shortfall means vulnerable children are frequently uprooted and sent to foster families miles from their home and separated from siblings.
Local authorities have the final say over who can foster. They are expected to adopt the new guidelines, which will be supported by the British Association for Adoption & Fostering, but will have to go through the process of changing their individual regulations before the ban is implemented.
A government source said last night that local authorities would have to balance the need to have a pool of foster carers against the best interests of the child.
Under the Government’s ban, all enclosed public places and work places, including pubs, clubs, cafés and restaurants, will be smoke free from July 1.
Town halls are currently calculating how the ban will affect them. Earlier this week Liverpool City Council asked residents not to smoke at home when council workers visit.
While foster carers provide a public service, lawyers say their homes are not considered a workplace so are not covered by the ban.
The Fostering Network said the July 1 ban underlined the fact that smoking in any enclosed spaces was harmful, and would leave all fostering agencies legally vulnerable.
Draft guidance, which will be issued as formal guidance to all local authorities and fostering agencies on July 1, says that children formerly in care may have grounds to sue if their health is affected or if they become smokers.
“No children under 5 should be placed with nonrelated foster carers who smoke – this is because of the particularly high health risks for very young children and toddlers who spend most of their time physically close to their carers.”
Disabled children of any age who are physically unable to play outside, and children with respiratory problems such as asthma, should never be placed with foster carers who smoke, the guidance says.
Smokers are already prevented from adopting children under 5.
Raina Sheridan, deputy chief executive of the Fostering Network, said it had been a difficult decision. “We know there are very good foster carers who smoke. But we also know that the health and well-being of children and young people has to be the priority. We hope all fostering agencies will eventually move to the point where all children are placed into a smoke-free environment.”
Forest, the pro-smoking group, said the move was blatantly discriminatory. “They are risking removing thousands of excellent foster parents from the system for the simple reason that they smoke,” a spokesman said.
10,000 families short
There are 43,000 foster families
There are about 61,000 children in care while almost 50,000 are with foster families
One fifth of children in care are under the age of 4. The largest group (44 per cent) are children aged between 10 and 15
Two thirds are taken into care because of neglect or abuse
There is an estimated fostering shortage of 10,000 families
A quarter of the population smokes, down from 39 per cent in 1980 and 52 per cent in 1948
72 per cent of smokers say they would like to give up, Department of Health says
The average length of time in care is 2 years and 51 days
Source: Department for Education, The Fostering Network
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Drink, junk food, lack of excercise( tv and computers, children in buggies who are old enough to walk but who are less trouble if strapped in), passive smoking, which one of these affects childrens health the most? Can one sue if they have lived in a drinking household and are now binge drinkers, alcoholic or dying of liver damage? If a child is fed junk food or fast food or not given 5 a day or fish twice a week, can they sue because they became obese or failed exams because they could not concentrate. Questions! Questions! HEADACHE!!! By the way i am a tea total outdoor smoker and have brought up healthy children who eat good diets are not telly addicts are physically fit and can only sue me for being over protective, I am not the lowest form of humanity, and I would make an excellent foster carer as would other RESPONSIBLE smokers, drinkers, feeders, coaches............
S C , GREATER MANCHESTER, UK
I agree that foster carers shouldn't smoke around children. It is no argument that "their own parents smoke" as a social worker said to me when I complained about foster carers smoking all over children and tiny newborn babies that they look after. Surely these children should be going to a better, healthier environment than they've been taken away from? Bizarrely, this is not always the case. I have seen children in care placed in the most deprived, unhealthy and unstimulating environments. So long as the paperwork looks good no one cares.
Strangely
Beverley Kirwan, Preston, Britain
All you people rabbitting on about the nanny state and the rights of either side have completely missed the point. This is about protecting local authorities from being sued by foster children who suffer from any disease, that might be related to smoking, in later life.
Blame the new curse of this country. People who sue anyone they think they might be able to get cash out of - and the lawyers who encourage them to do so.
Sue E., Swansea,
Both myself and husband smoke mostly outside because i dont like my home smelling of smoke. but we are looking to foster a child/ren and we have so much love and time to give the children we have 2 children of our own and we would never harm them by smoking in there faces. i think its just a terrible shame that a child could be deprived of a loving warm safe home.
lisa kirkbride, sunderland, uk
This is wierd. So smoking parents are good enough if they are real parents but not if they are foster ones?
I thought the law was 'innocent until proven guilty' not 'in case there is a problem, let's intervene'. Causing child illness is negligence and cruelty and any parent should have the right of self-defence if so accused. So instead of stopping new/potential parents from smoking at home, let's prosecute the ones who do it already and see if they can PROVE damage FROM SMOKE to the children concerned. Lesley Dove has posted before about suffering damage from parental smoking as a child but I have to say throughout all the raging debate about the smoking ban she is one of about three or four people who claim to have been damaged as a child. Far more people boast of the longevity of themselves parents and siblings.
Lung disease is not the inevitable result of smoking. Choosing to bring up other people's children is not a selfish action.
Belinda, Edinburgh, UK
this is an experiment in social engineering paid for by the tax payer.
They already send the children hundreds of miles away and stop contact.
Then the worst part is the social workers lying to the children saying Mummy is not coming back.
Oh when the people find out the truth of how children are being manipulated like olden days in the so called care of the state- the world will wince and cry.
How many children are taken away at birth and mother has done nothing wrong- except she herself was in the care of the state-THAT SAYS A LOT THEN.!!
There is nothing we can do as all this happens in secret.
Then years down the line society is ridden with traumatised adults who are costing us a fortune.
The system is purposely creating this as it makes money for its cronies and jobs for the boys.
Not to worry Joe Public foots the bill and is not even aware of this truth.
Sara, Manchester, uk
A step in the right direction.
Its about time that selfish smokers start to consider the health effects to others for once.
Jamie Stapleton, Worthing, UK
Are these people just brain dead.................10,000 short and they are going to make the list longer.........i don't smoke but would have rather been brought up by a caring family that does than be stuck in a care home.................................nanny state leads to a nation in decline.
Shane, Blackburn, lancs
I'm all in favour of banning smoking, but it's far, far more important for a child to be in a loving family environment than it is to be in a smoke free one. It's a question of priorities, and the physical risk from passive smoking is far less than the emotional and psychological risk from being deprived of a family. Obviously, smoker-fosterers should be encouraged to give up, and should minimise the child's exposure, but please, some sanity here, if that's too much to ask.
Jane, London , UK
It's not worth bothering to live in the UK, MGB, but you'll be sorely disappointed abroad, since the UK government's so-called nannying is nothing whatsoever compared to the so-called nannying in other countries, and those countries still manage to be 100 x more pleasant than the UK.
But that aside, what gives foster parents the right to give under-5s lung disease? They might adore the kids to death, but they might adore the kids to death, if you know what I mean.
starling, Lancaster,
When will this ridiculous adherence to PC values stop- yes the children have rights, but isnt the right to a caring loving foster parent greater han whether or not they smoke?
Can somebody please tell me why its still worth bothering to live in the UK?
MGB, Carmarthen, Wales
It's about time too! My mother smoked heavily around me and I have long-term problems with wheeziness and coughing as a result. Smoking around children is clearly a form of child abuse, in fact I would say given what we know now about passive smoking it's time social services started removing kids from smoking parents altogether if they refuse to stop smoking indoors. They should do this instead of demonising good parents as is so often the case.
Lesley Dove, Hampton, UK
Surely its about time to stop this needless adoption of PC values- yes the kids have rights, but at the expense of finding a loving caring foster parent?
Can somebody please remind me what is the point of trying to live in the UK?
MGB, Carmarthen, Wales
9 out of 10 cases of lung cancer occur in smokers. To suggest the same smoke doesn't cause cancer in non-smokers is ridiculous.
Smokers are addicted to a powerful drug, the 'choice' about whether they smoke or not has been removed.
Preventing smokers from fostering is the surest way to protect the children involved.
Simon, Lowestoft, UK
"Families" issues like these are often of interest to men as well. I felt it was a little sexist having the Families section as a subsection of Women, as it implies men would not be interested at all. This is not the case, however, and it may therefore be more suitable for Families to be moved up a level to being a subsection of "Life and Style".
Colin H, Cambridge, UK
It would appear that the The Fostering Network is more concerned about demonising smokers than protecting vulnerable children. There has been no proven case of long term illness caused by exposure to second hand smoke. But why let the facts get in the way of a prejudiced policy.
Rather than excluding 25% of the adult population from fostering why not ask them not to smoke around the children are present?
Mark M, Sothend on Sea, Essex
Exposure to smoke from passive smoking is extremely low - about the equivalent of five cigarettes per year [Panic Nation by Stanly Feldman]. That's not going to have any real impact on lung cancer. We don't know what causes asthma, but low levels of cigarette smoke don't seem to be the major culprit.
We do know that institions are far worse than foster families for bringing up children.
Malcolm McLean, Bradford, UK
I would have to ask, are the people making these rules in the best position to do so? They appear to be more concerned with the fact that the child could sue later on in life! Surely a caring family environment is the best place to rear a child, regardless of whether that family contains smokers or non-smokers. The statement from the prosmoking group Forest, is absolutely right in saying the moeve is discriminatory. As a society we are supposed to be moving forward and outlawing discrimination on all sides, yet this 1st July ban is an apartheid on smokers.
Les Corrin, Southport, England
Brilliant! There is little more disturbing and disgusting than seeing "parents" smoking in cars with children trapped in the back. One has to believe that these are people at the low end of the developmental chain, who should be kept away from any parenting activities by any means possible. When will people realise that smoking is not the once-termed "working man's pleasure" but a form of idiocy mostly undertaken by the lowest form of humanity.
crofty, Greensboro, usa
Par for the course. Who ever heard of public bureaucracies ever coming to a reasoned position ahead of one that pushes their political correctness credentials?
It's almost as if these bodies want to show how inept they are. Based on health reasons, would it not be more protective for children to be adopted into the exhaust-free environment of the Outer Hebredes?
Why is it that we continue to allow homeless children to be relocated to cities where pollutants are at their most rabied?
Edwin Thornber, Bucharest, Romania
This is clearly a policy aimed at "weeding out" the undesirable people who smoke from their list, which I feel would meet with distinctly less objections if their list of prospective foster parents was actually larger than the demand. Not that I'm on that list now, but if I was then I'd definitely be coming off of it.
If chemical safety is an issue then I hope the guidelines also exclude people whose homes have asbestos roofs / insulation or lead pipes?
Or is it just easier to beat the smokers?
Rufus, Oxford, UK
Be afraid - be very afraid. This is authoritarianism running rampant . (We old fogies used to call it by its proper name - fascism.) Next step will be to remove children from parents who smoke - all in the best interests of the child, of course.
eddie foster, mirthios, crete, greece