Transport
Scope of this chapter
NOTE: As from the 1st October 2015, new rules apply about smoking in vehicles. It is illegal to smoke in a car (or other vehicle) with anyone under 18 present.
For further information see Smoking in Vehicles (DoH) and new Rules about tobacco, e-cigarettes and smoking: 1 October 2015 Guidance.
Standards and Regulations
Training, Support and Development Standards for Foster Care
- Standard 2 - Understand your role as a foster carer.
- Standard 4 - Know how to communicate effectively.
- Standard 5 - Understand the development of children and young people.
- Standard 6 - Keep children and young people safe from harm.
Related guidance
Children who are in your care should always be treated as part of the family and you will be expected to transport them in the same way that you would your own children.
You will often be responsible for providing transport for children/young people placed with you in your family vehicles.
The assessment and continued supervision of your foster family should ensure that your transport arrangements are safe.
Appropriate, well fitted and current standard car seats and belts should be used at all times.
You should not knowingly allow a child to make car journeys where they are not properly restrained. This means that you will have to take a role and responsibility in supervising the transport arrangements for any child placed with you e.g. taxis to and from school, educational trips, and journeys with friends.
The only exception to this is when the child makes a journey with their parent or someone with Parental Responsibility. If you are concerned that on these journeys the child is not properly restrained, you should not prevent the journey but report it promptly to the child's Social Worker and make a note in the Log Book.
If you cannot safely transport all the children placed with you in your vehicle, then you may apply for the loan of, or cost of hiring, a minibus for special outings or holidays. This is done through your Supervising Social Worker.
A first aid kit and fire extinguisher must always be carried in the vehicle.
Where outdoor activities are planned, first aid kits should be carried with you.
If for any reason any children placed with you are involved in any accidents this should be communicated as soon as possible and a written report provided to your Supervising Social Worker.
You should inform your Supervising Social Worker of any driving penalties you receive.
Note: It is illegal to smoke in a vehicle with anyone under 18 (See Gov.UK Smoking in vehicles). This applies when people have the windows down or the sunroof open, or are sitting in the open doorway of a car. It does not apply to e-cigarettes or a convertible car with the roof completely down
The law requires all children travelling in cars to use the correct child car seat or booster seat (see GOV.UK) until they are either 135 cm in height or the age of 12 (which ever they reach first). After this they must use an adult seat belt. The same rules apply for children with disabilities unless a doctor says they're exempt on medical grounds. They can use a disabled person's seat belt or child restraint designed for their needs.
When a child can travel without a car seat: the law taxis and minicabs etc. See Child car seats: the law.
It is the driver's legal responsibility to ensure that the child is correctly restrained.
You can use your child’s car seat in the front seat of a vehicle, in accordance with manufacturer’s instructions / advice and if it fits.
You must deactivate any frontal airbags before fitting a rear-facing baby seat.
You must take responsibility as the owner or driver of a vehicle, that the correct license, insurance (which covers fostered children), tax and MOT certificates are in place and valid. You may be asked to produce the relevant paperwork during the foster carer review process.
- Do not buy a second-hand child restraint seat, you cannot be certain of its history (it may have been involved in an accident and been seriously weakened) and often the instructions are missing;
- Rear-facing baby seats provide very high levels of protection and are generally safer than forward-facing seats but they should never be used where a front seat is protected by an airbag unless the airbag has been deactivated. This is because the restraint will be too close to the dashboard and in an accident; could injure the child.
You should take all advisory and necessary precautions to ensure everyone’s safety whilst driving and ensure you always drive within the legal limits.
It is safer to fit child seats in the rear of a car but, if necessary, they can be fitted in the front. Never fit a rear-facing seat in the front if there is an airbag on the passenger side of the car. If the airbag went off it would strike the seat with considerable force. If you are fitting a forward-facing child seat in the front of a car, make sure that the car seat is as far back as it will go, so the child is as far away as possible from the dashboard. This reduces the possibility of head and chest injuries in a crash.
Read and follow the manufacturer's instructions for fitting the seat. Make sure the seat belt passes through all the correct guides on the child seat. Some seats have an alternative routing if the seat belt is too short to go around the main route.
Push your weight into the child seat as you tighten the seat belt to make sure the child seat is securely held. There should be no slack in the seat belt. The child seat should rest firmly on the car seat, with hardly any forwards or sideways movement.
Check that the seat belt buckle is not resting on the child seat frame (this is known as buckle crunch).
Never modify the seat or adult seat belt to make it fit.
Use the seat for every journey, no matter how short. Make sure the seat's harness (if it has one) is correctly adjusted so it is quite tight, so that only one or two fingers can fit between the child's chest and the harness. The harness buckle should not rest over the child's tummy.
It is a good idea to take toys, books, tablet computers and activities to occupy younger children on long journeys.
If a journey is due to be made and the child is very upset or unsettled, you should use your knowledge of the child to determine if the journey should go ahead.
If car journeys are of particular concern and an on-going issue this should be raised with your Supervising Social Worker and a risk assessment undertaken, and discussed with all involved in the child's care.
One to one time in the car can also be a good opportunity for children to share their feelings, a time when they are not exposed to having direct eye contact, or someone facing them directly. You may find some positive conversations can come from a journey in the car.
You may be required to take children to meetings/visits to see professionals or family members from time to time. These circumstances can and do lead to children becoming upset, and, if this happens, you should always support the child and offer them the opportunity to talk through their feelings.
Never carry a baby or child in your lap and do not allow any of your passengers to do so. Babies and children must travel in a child restraint.
Never use a seat belt for more than one person.
Children with disabilities should use child seats/boosters if possible but there is an exemption if they cannot. The regulations allow them to use the disabled persons seat belts or child seats/boosters designed for their needs.
You may be able to claim mobility allowance for Disabled Children, speak to the child's Social Worker about this.
Seated passengers must use seat belts where they are fitted.
The use of taxi’s and private hire vehicles to transport young people with or without escorts is a practice that the Council no longer consider good enough for its most vulnerable young people.
Rotherham Council expects all children to be transported by their carer, social worker, supporting social worker or approved adult. Where the carer does not hold a licence or own a car they should travel with the young person.
The use of Taxis and Private Hire vehicles to transport children without their carer or trusted adult is not appropriate.
Where a child or young person presents challenging or concerning behaviour when in transit a transport risk assessment should be completed by the worker in partnership with the parent/carer, young person (where possible) and other relevant parties. The Transport Risk Assessment should be shared with all relevant personnel involved in the activity.
Any concerns about licensed private hire (taxi drivers) should be reported to the social worker, Safeguarding Unit and the Licensing Service without delay.
Last Updated: August 27, 2024
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