Rosemary Bennett, Social Affairs Correspondent
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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Draft guidance, which will be issued as formal guidance to all local authorities and fostering agencies on July 1, says that children formerly in care may have grounds to sue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
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