Smoking
Regulations and Standards
The Fostering Services (England) Regulations 2011
Regulation 15 - Health of children placed with foster parents
Fostering Services: National Minimum Standards
STANDARD 6 - Promoting good health and wellbeing
Related guidance
The Government smoking ban, set out in the Health Act 2006, came into effect in England on 1 July 2007, and made it illegal to smoke in any public place, with exemptions for certain residences, including prisons, care homes and psychiatric units.
The Organisation wants all children to live in an environment that promotes their health and wellbeing. Foster Carers and other household members play a key role in protecting and promoting children's health.
Although Foster Carers' homes are not regarded as a workplace, it is essential that the rights of Foster Carers or any other household members to smoke or use electronic cigarettes are balanced against the rights of Children in Care to be healthy.
The health risks from smoking and passive smoking are well known, with smoking being the single greatest cause of preventable illness and premature death in the United Kingdom.
The health risks from the use of electronic cigarettes are not fully known, however there is emerging research being shared by a variety of sources.
For more information, please see Electronic Cigarettes – Evidence and advice on e-cigarettes (GOV.UK)
Most children will have experimented with tobacco and electronic cigarettes by the age of 16 and this is a key age at which behaviour can be shaped and influenced. Research does suggest that smoke free environments, promoting non smoking as the cultural norm and providing children with information about the dangers of smoking does help to prevent young people from starting to smoke. Providing positive non-smoking role models and support to stop smoking can help them to quit.
It is important, therefore, that we establish a smoke-free policy which includes Foster Carers, the household members and and the children they look after.
It is important that Foster Carers understand and are made aware of the detrimental effect of smoking and passive smoking on their health and that of other people in their household.
During the recruitment, assessment and preparation process, discussions will take place with applicants regarding our expectations and requirements.
The Fostering Organisation will make every effort to support and encourage Foster Carers who wish to give up smoking.
The Organisation is clear that any Foster Carer who smokes or lives in a household where people smoke cannot be approved to take a child under the age of five. In addition, any child with known middle ear or respiratory tract infections, or who is prone to asthma and bronchitis, may not be placed in a smoking household, although exceptions may be made where it is in the child's best interests.
The same threshold applies to any Foster Carer or household member who uses an E Cigarette.
The issue will be raised regularly with all approved Foster Carers who smoke and reinforced through regular supervision. Support is crucial, particularly as smoking can be a response to stress, and consideration needs to be given to ways of minimising the level of stress experienced.
The Supervising Social Worker will agree a smoke-free plan with the Foster Carers to include the following:
- Foster Carers and other members of the household, including visitors, will not smoke in the company of children of any age, in the home or in the car and will promote non-smoking as the norm;
- Smoking and the use of electronic cigarettes will take place outside the home;
- Tobacco products, electronic cigarettes, matches or lighters will not be left lying around or accessible to children.
If a Foster Carer starts to smoke or use electronic cigarettes, the foster carer should notify the Agency and an assessment/review will be undertaken. It should also be recorded in the risk assessment and health and safety plan which includes information around safe storage of smoking or electronic cigarette equipment.
The Organisation adopt the same policy and procedures for members of the household who smoke and/or use electronic cigarettes.
The Organisation is clear that if any member of the household smoke or uses electronic cigarettes then the household cannot be approved to take children under the age of five. In addition, any child with known middle ear or respiratory tract infections, or who is prone to asthma and bronchitis, may not be placed in a smoking household, although exceptions may be made where it is in the child's best interests.
Any changes in the household in relation to smoking or use of electronic cigarettes will be reviewed by the Organisation and considered as a change of circumstance. Their approval category may be subject to change if a member of the household starts to smoke or use electronic cigarettes.
The Organisation does not allow for any member of the household to use electronic cigarettes within the home, and similar to cigarettes these must be used outside and away for the children within their care.
The issue will be discussed regularly with members of the household who smoke or use electronic cigarettes. Support is crucial, particularly as smoking can be a response to stress, and consideration needs to be given to ways of minimising the level of stress experienced.
The Supervising Social Worker will agree a smoke-free plan to include the following:
- Foster Carers and other members of the household, including visitors, will not smoke in the company of children of any age, in the home or in the car and will promote non-smoking as the norm;
- Smoking and the use of electronic cigarettes will take place outside the home;
- Tobacco products, electronic cigarettes, matches or lighters will not be left lying around or accessible to children.
If a member of the fostering household starts to smoke or use electronic cigarettes, the foster carers should notify the Organisation and an assessment/review will be undertaken. It should also be recorded in the risk assessment and health and safety plan which includes information around safe storage of smoking or electronic cigarette equipment.
It is illegal for retailers to sell any tobacco products/e-cigarettes to anyone below the age of 18. In the same way foster carers will not be permitted to provide children with tobacco/vaping products.
Some children may smoke or vape at the point of becoming looked after. You should support and encourage them to reduce or stop smoking/vaping. Support is available from the Looked After Children's Nurse or the child/ young person's GP. This should be discussed with the child/young person's social worker and addressed as part of the young person's Health Plan.
In situations where a child already smokes/vapes it is reasonable to expect the foster carer to have an agreed place to store any smoking/vaping products whilst the child is in the foster home and for the child to hand them over to the foster carer. This will be explained to the child and their social worker and recorded in the Placement Plan. The child will be expected to comply with the smoke-free /vape free plan for the foster home.
If a child or young person who is cared for by foster carers starts to smoke or use electronic cigarettes, the Organisation will share the information with the Local Authority and the Organisation will review the information on an individual basis to establish the necessary steps or support required within the guidelines and regulations set out by the National Government.
Last Updated: February 7, 2024
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