Fostering Panel
RELEVANT REGULATIONS
The Fostering Services (England) Regulations 2011
The Children Act 1989 Guidance Volume 4 (2011) Chapter 5
Fostering National Minimum Standards 2011, Standard 14
The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015
Hofstetter v LB Barnet and IRM (2009)
SCOPE OF THIS CHAPTER
This document explains the Fostering Panel Procedures including, the membership, purpose, functions and arrangements for meetings of the Fostering Panel. It should be read in conjunction with the following procedures.
RELATED CHAPTER
Assessment and Approvals of Foster Carers Procedure
AMENDMENT
This chapter was written in line with local procedures and replaced the existing chapter in May 2023.
Contents
- Introduction
- Function of the Fostering Panel (Regulation 25)
- Membership of the Fostering Panel (Regulation 23)
- Role of the Chair of the Panel
- Fostering Panel Advisor (Professional Advisor)
- Role of the Medical Advisor
- Legal Advice
- Senior Fostering Panel Administrator
- Agency Decision Maker
- Fostering Panel Frequency
- Fostering Panel Quoracy (Regulation 24)
- Tenure of Fostering Panel Membership
- Disqualification of Independent Panel Membership
- Resignation
- Remuneration
- Declaration or Conflict of Interest
- Minutes
- Panel Recommendation
- Decision Making
- Quality Assurance and Feedback to the Agency
- Annual Appraisal
- Training
1. Introduction
This policy and procedure is Wakefield Council's interpretation of the Fostering Services Regulations 2011 and the Fostering Services National Minimum Standards 2011. Additionally, Wakefield Council has adopted the CoramBAAF guidance on regulations, process and good practice in fostering panels in England.
2. Function of the Fostering Panel (Regulation 25)
2.1 Consideration of Applications to Foster
Individuals or couples who wish to become foster carers will have undergone a process of preparation and assessment and extensive checks and the taking up of references will have taken place to help determine their suitability. This whole process will be presented to the Panel in the form of a written assessment report called a Form F produced by the Assessing Social Worker which the applicants will have seen and endorsed or had the opportunity to comment on. The report will make a proposal as to the suitability, or otherwise, of the applicant(s) to become foster carers and what number, age and gender of children they would be most suited to foster.
The completed assessment should be presented to the Panel and for an agency decision no later than 8 months after the receipt of the formal application to foster and no later than 6 weeks after the completion of the assessment report. The service aims to complete foster carer assessments as quickly as possible and the Panel is expected to question and record the reasons for any delay.
Along with the assessment report the Panel should receive a view from the medical Advisor concerning the health of the applicants. Applicants will be offered the opportunity and are encouraged to attend the Panel in person to present their views. However, applicants can choose not to attend and Panel should not consider their absence relevant in coming to its recommendation. Applicants can attend with a supporter and 'be heard' at fostering panel meetings that consider their approval. Alternatively they may submit their views in writing.
It is the panel's responsibility to satisfy itself that the assessment is of sufficient quality to justify the proposal made and, if not, to reject it or return it for further work to be done or further enquiries to be made. The focus of the Panel should be on the evidence for the assessment made of the parenting or potential parenting skills of the applicant(s) and whether these are likely to meet the needs of the looked after children awaiting placement. It is not the task of the Panel to assess the applicants.
If the agency does not consider the applicants suitable to foster the applicant/s will be advised of the reasons for the decision and that that they can submit further representations to the panel or the agency or can apply for a review of their case through the Independent Review Mechanism.
Where further representations are made the panel will usually be asked to reconsider the case and make a fresh recommendation for consideration by the Agency Decision Maker.
The panel will not recommend approval of foster carers unless all the regulatory requirements have been met together with any service requirements as set out in Statement of Purpose and the Assessment and Approval of Foster cares procedures.
2.2 Foster Carer Reviews
The approval of all approved foster carers should be reviewed annually. The panel will consider the first review of all approved foster carers, any review where there is proposal to change the foster carer's approval remit and reviews which follow a complaint against the foster carer, investigation of an issue of serious concern or a child protection allegation. The panel will also consider reviews where there is a proposal to change the foster carer's skill level.
In all cases the Supervising Social worker will complete the appropriate Foster Carer review form and will attend panel in person. It must be borne in mind that recommendations by the panel will constitute 'qualifying determinations' for the purposes of appeal to the Independent Review Mechanism. It is therefore important that all reports presented have been seen and signed by the foster carer, that the foster carer's views are clearly noted and that there is a clear evidence base for all assessments and recommendations to panel.
Where the change of approval status requested is a major one e.g. short term to long term, a review will be presented to panel. It is particularly important to ensure that any reasons for the original approval are taken into account in considering the appropriateness of the change. For example short break care approval may originally have been given due to circumstances of the foster care which made short term approval inappropriate.
Where there has been a child protection allegation minutes of any strategy meeting will not be provided to panel as these cannot be shared with the foster carer. The Supervising Social Worker will therefore provide a report which summarises the discussion and provide the strategy meeting recommendations in a format which has been seen and discussed with the foster carer.
Where a change in skill level is proposed panel will take into account whether the requirements of the skills scheme are met in respect of training and other criteria set out in guidance to foster carers.
If the panel decides to recommend a change of status with which the foster carer is not in agreement reasons will be given in writing. The foster carer will have the right of appeal to the Independent Review Mechanism.
2.3 Termination of Approval
Ceasing to foster can often be prompted by positive changes in the fostering household e.g. the granting of a Permanence Order to the carers which means the child is no longer Looked After by the Local Authority. It is not always an indication of any shortfalls in the care provided by carers.
There are two ways in which a carer ceases to act as a foster carer.
2.3.1 Resignation
Foster carers may discuss their intentions to resign with the Agency. Such discussions are not binding and the foster carer may change their mind. Formal resignations have to be in writing. This can also take the form of an e-mail from a verified e-mail account. Once the resignation is received it cannot be withdrawn nor can the Agency refuse to accept the resignation. The resignation comes into effect 28 days after it is received and at this point the ex-foster carer name will be removed from the Register. A letter will be sent to the ex-carer confirming their removal from the Fostering Register.
2.3.2 Deregistration
Where a foster carer has verbally stated they wish to cease fostering but has not submitted their resignation in writing the Agency will write to the carer to give them notice that it is intended to present a deregistration report to the fostering panel. The carer has 28 days to raise any concerns to this course of action. The report will be shared with the foster carer in advance of panel. The foster carer will be invited to attend. Following the Panel; if the ADM believes that the carers are no longer suitable the carer will be notified in writing (qualifying determination). The carer has 28 days should they wish to object to the de-registration.
The panel will also consider the de-registration of foster carers where the reasons relate to the foster carer's conduct or the service provided by the local authority as a fostering agency.
Where the request is to terminate approval due to the foster carer's conduct the fostering social worker will prepare a report setting out the foster carer's history and experience of fostering, their strengths and skills as foster carers, any issues of concern and details of the reasons why they are no longer considered suitable to foster. The report will include a summary of any strategy meetings and their recommendations.
The report must be shared with the foster carer so that they have the opportunity to address any factual inaccuracies. It must be made clear whether or not the foster carer is in agreement with the contents and the proposal and they should be asked to sign a statement to that effect.
If the foster carer is not in agreement, the panel will consider the preliminary information presented in order to establish whether it is appropriate to proceed with considering de-registration. The foster carer will be given the opportunity to submit written representations to the panel and/or attend panel in person.
Having considered all the information the fostering panel will make a recommendation to the agency decision maker. If the agency decision maker supports the panel's recommendation the foster carer will receive written notice of the intention to terminate their approval together with the reasons.
The foster carer may then either:
- Accept the proposal;
- Submit written representations within 28 days when the case will be referred back to the fostering panel for further consideration;
- Apply for review by the Independent Review Mechanism.
If the foster carer is resigning from fostering due to dissatisfaction with the service provided by the local authority the fostering social worker will submit a report, which has been shared with the foster care, setting out the foster carer's history and experience of fostering, their strengths and skills as foster carers, any issues of concern and details of the reasons why they longer wish to foster. The foster carer will be invited to make their own written representation. The fostering panel will be invited to comment on the agency's conduct in the case and recommend any changes to practice, policy or procedure.
2.4 Connected Person Assessments
Individuals or couples who wish to become Connected Person foster carers will have undergone a process of preparation and assessment and extensive checks and the taking up of references will have taken place to help determine their suitability. This whole process will be presented to the Panel in the form of a written assessment report called a Form C produced by the Assessing Social Worker and the Childs' Social Worker which the applicants will have seen and endorsed or had the opportunity to comment on. The assessment will be completed within 16 weeks, though a further 8 week extension can be requested. The Panel may consider assessments where children have been placed under Regulation 24.
Along with the assessment report the Panel should receive a view from the medical Advisor concerning the health of the applicants. Applicants will be offered the opportunity and are encouraged to attend the Panel in person to present their views. However, the Assessing Social Worker and the Child or Young Person's Social Worker must be present for the item to be heard.
2.5 Change of Approval Status
Where it is intended to alter a foster carers approval an application may be submitted to panel for the terms of approval to be varied on a temporary basis either for a time limited period or for the duration of a particular placement. A report will be submitted which sets out the reasons for the placement and how the foster carer will meet the child's needs alongside those of any other children placed.
2.6 Exemptions from the Fostering Limit
The Children Act 1989 sets a limit of 3 on the number of children who can be placed in one foster family unless all the children placed are siblings.
The panel will consider proposals for an exemption from that limit in respect of particular children. Wherever possible consideration should be given prior to the placement being made. Where this is not possible the situation must be brought to the panel's attention at the earliest opportunity.
The Supervising Social Worker will submit a report to panel setting out:
- Details of the members of the fostering household including any children placed;
- Sleeping arrangements;
- The foster carer's previous skills and experience especially of caring for a number of children;
- How the foster carer will meet the needs of all the children in placement;
- The support and monitoring that will be provided by the agency;
- The reasons why the placement is the most appropriate option for the child;
- The plan for the child and the likely duration for which the exemption is required.
Exemptions can only be granted for a named child so consideration will need to be given to which child the exemption should relate to. It will usually apply to the child who is likely to be in the placement for the shortest time. Exemptions must be considered by the local authority where the foster carer is resident.
Where the foster carer is approved by Wakefield Council but lives in another local authority area the fostering panel will consider whether it is appropriate to request an exemption from the relevant local authority. The report, plus the panel minutes will be sent to the appropriate local authority to request them to grant the exemption.
The panel will consider requests from other local authorities and Independent Fostering Agencies and will apply the same process and rigour to all applications.
2.7 Emergency Variations to Foster Carers Approval and Exemptions to the Normal Fostering Limit
Variations to carers' approval have to be done using the Review process. The Agency Decision Maker can vary approvals for a maximum of 6 days outside of a review after which the matter needs to be dealt with the review process by Panel. This would apply in cases where it is necessary for the child to remain with the carers beyond the 6 day period.
However, the requirements for documentation to be made available to both Panel members and carers in advance of a Panel hearing makes it impossible to use the normal Panel processes in these situations.
Consequently there is a separate set of forms which can be used to enable the Agency Decision Maker to vary a carer's approval without the matter going to Panel. This documentation provides the Agency Decision Maker with the minimum review information necessary to make a decision. N.B. this option is NOT available where the carers have not already had a 1st review. 1st reviews have to be heard at Foster Panel.
The emergency variation documents are completed by the Supervising Social Worker and authorised by the practice manager. The Agency Decision maker will make the decision about the variation. The fostering panel are made aware to note the decision.
3. Membership of the Fostering Panel (Regulation 23)
The constitution and membership of the fostering panel is as prescribed in Regulation 23 of the Fostering Services Regulations 2011. Recruitment to the fostering panel will be undertaken by the Fostering Panel Advisor in consultations with the Panel Chair. A central list has been established from which panel membership is drawn. The number, skills, knowledge and experience of persons on the central list are sufficient to enable the fostering service to constitute panels that are equipped to make competent recommendations to the fostering service provider.
All fostering panel members will be required to undertake an enhanced DBS check. No appointment can be made until such time as checks have been satisfactorily completed. Upon appointment, panel members are required to sign the Agreement for inclusion on the Central List.
Confidentiality
All those on the Central List are required to sign their agreement to preserving the confidentiality of all information received as part of being a member of the Central List. This signed agreement is placed on their personal file.
Essential Requirements
- Members of Wakefield Council’s Fostering Panel must be aware of, and in sympathy with, the Statement of Purpose of the Fostering service. They must also fully support Wakefield Council’s equal opportunities and anti-discriminatory practice and procedures and be prepared to comply with them;
- Members must be committed to maximising opportunities for looked after children to be placed in family settings. They must be committed to promoting high quality foster care, to sound long term planning for children and to achieving legal permanence for children who cannot return home;
- Members must be able to operate independently in carrying out their role;
- Members must have relevant experience or knowledge relating to children and young people, including those looked after, and of the problems they face;
- Members must be able to read and analyse reports;
- Members must be able to take part in discussion and accept an equal role in the recommendation making process;
- Members must be pro-active in addressing issues of race, gender, disability and sexuality;
- Members must understand the need for and agree always to declare to the Chair an interest in cases being considered where such an interest exists;
- Members must be committed to furthering their own training and be prepared to take part in the training and panel development opportunities arranged;
- Members must be able to work effectively as a team member and accept majority decisions when consensus is not achieved;
- Members must be committed to operating in a manner that is respectful of others and facilitates the achievement of panel business;
- Members must be part of a process for review of their performance (including of the Panel chair by the agency decision maker) and for their performance management. Where necessary the termination of the appointment must be considered;
- Members must agree to the renewal of their Disclosure and Barring Service Disclosures on a three yearly basis.
The Fostering Panel Advisor along with the Panel Chair will decide whether someone is unsuitable to be on the Central List and therefore to end the appointment and if so, will advise the member in writing giving one month's notice and clear reasons for the decision.
Dealing with Disruptive or Ineffective Panel Members
Should there be concerns raised that the attitude or conduct of a person on the Central List is disruptive, ineffective or contrary to the achieving of what is in the best interest of children, the Fostering Panel Advisor with the Chair of the panel will discuss this with the person and attempt to resolve the concern. Where this person is unable to meet the requirements of the office they may be asked to resign.
Where the issue causing concern cannot be resolved either the member of the Central List or the Chair can request a more formal meeting with the Head of Service, Looked After Children present. Should that meeting be unable to resolve the concern it maybe decided that they are unsuitable to be on the Central List and therefore to end the appointment. This would be confirmed in writing, giving one month's notice and reasons would be given.
Any complaints about a panel member and the outcome should be recorded in their individual file.
Although not prescribed in these regulations, Wakefield Council has a professional panel Advisor. The primary role of the professional panel Advisor is to advise the panel on regulations, policy and procedure; and to assist panel in its quality assurance function in respect of all reports provided to panel.
The Advisor is not a voting member of the panel, and does not participate in making recommendations. The Advisor is employed by the authority.
4. Role of the Chair of the Panel
The role of the Chair of the panel is crucial to ensuring that the work of the panel is carried out efficiently, effectively and sensitively. The chair needs to have knowledge and experience in the field of fostering and in wider child care and should also be an experienced chair of multi-agency meetings or panels. The personal qualities of the chair need to be such that the chair commands the respect of other panel members and can chair the panel meetings effectively. (As from the 1st October 2011, an Independent Chair must be appointed).
The Panel Chair will be independent of the fostering service and have been so for at least the past 12 months and must have the skills necessary to chair the panel. Up to two Vice Chair's must also be appointed but there is no requirement for the vice chair to be independent.
The Chair will be appointed following formal interview by the Head of Service, a Fostering Team Manager and the Panel Advisor, against a written person specification for chair of the Fostering Panel and the appointment will be subject to ratification by the Lead Member for Children's Services. She/he will provide evidence of qualifications, an up to date CV, two references and an enhanced DBS check. The DBS checks should be kept up to date and recorded, including the date when the checks were made.
The Panel Chair will have an annual appraisal by the Panel Advisor and Agency Decision Maker which will also provide an opportunity for feedback about the agency.
Duties of the Panel Chair
The Chair of the Panel will be responsible for:
- Chairing the panel meeting and ensuring and protecting its independence;
- Ensuring the Panel complies fully with all relevant Legislation, Regulation, Guidance and Standards;
- Ensuring the first consideration in the work of the panel is always the welfare and safeguarding of children;
- Encouraging a full and open consideration of each case presented;
- Ensuring the contribution of all panel members;
- Determining how to proceed when a possible conflict of interest is declared;
- Incorporating the advice of professional Advisors;
- Assisting the panel in reaching a consensus on each case presented;
- Summarising the reasons for each recommendation made;
- Inviting and facilitating the attendance of applicants;
- Confirming that the minutes accurately reflect the discussion which has taken place and that the recommendation is clearly stated;
- Determining who may attend as an observer to the panel;
- Dealing, in the first instance, with any ineffective or disruptive behaviour;
- Together with the Panel Advisor, dealing with any unresolved issues of conduct on the panel, complaints against panel members, appointment of new panel members and resignations;
- Monitoring compliance with Legislation, Regulation, Guidance, Standards, Policies and Procedures and feeding back to the fostering via the Head of Service, Looked After Children;
- Evaluating the functioning of the panel;
- Contributing to the development of policies and procedures and good practice.
5. Fostering Panel Advisor (Professional Advisor)
The Fostering Panel Advisor shall be a social worker who has at least five year’s relevant post qualifying experience. In Wakefield Council there is 1 professional Advisor to fostering panel.
The duties of the Fostering Panel Advisor are:
- To assist the agency with the appointment, termination and review of appointment to the Central List of panel members;
- To be responsible for the induction and training Central List panel members;
- To share the joint responsibility with the panel chair for the annual performance review of panel members;
- To be responsible for the day-to-day management of the panel system, in conjunction with the Senior Panel Administrator;
- To discuss all issues pertinent to fostering panels with the Fostering Service Manager and ADM;
- To be responsible for liaison between the agency and the fostering panels, monitoring the performance of the fostering panels and the administration of the fostering panels;
- To brief the panels on policy, practice and procedural issues and identify training needs;
- To ensure that the panels are consulted about relevant developments in fostering practice within the agency. This may be achieved through the six monthly panel review meeting which involves panel chairs and vice chairs or by circulating information to all panel members;
- To act as the professional Advisor to panels, providing such advice as the panels may request in relation to any case or generally;
- To deal with complaints arising from the business of the panels, in consultation with the Fostering Service Manager where necessary.
6. Role of the Medical Advisor
It is good practice for an agency medical Advisor to be appointed as a Fostering panel member or Advisor to the panel. The medical Advisor should be a qualified medical practitioner who has gained general medical experience within the community. If the medical Advisor is appointed as a panel member then the rules for tenure will apply.
The medical Advisor is expected to be available to the agency for advice and information on any medical issue arising in the course of the consideration of children, fostering applicants or approved foster carers. The medical Advisor will see and comment on medical reports.
Although the Medical Advisor is relied upon to contribute medical expertise it is also expected that the Medical Advisor will guide panel members in looking at the implications of issues such as smoking, obesity and other lifestyle issues. The Medical Advisor will also advise staff when issues of health or lifestyle emerge early in assessments which might lead to a recommendation not to approve the applicants so that cases can be brought to panel for an early steer and not wait until the assessment is completed.
7. Legal Advice
There is no requirement for Fostering panels to include a legal Advisor. However it is vital for the Fostering panel to have legal advice available when necessary. Legal advice to the panel is available from members of the council's legal team who are appropriately qualified solicitors with relevant experience in child care and family law.
It is the responsibility of the Panel Advisor and/or the Head of Service, Looked After Children to ensure that legal advice is made available to the panel by arrangement with the Council's legal services team.
Any legal Advisors used by the panel should be appropriately qualified and experienced by virtue of their appointment to the Council's legal team and will provide the agency with an enhanced DBS check every 3 years for inclusion in their Panel file.
8. Senior Fostering Panel Administrator
To ensure that the business of fostering panel is conducted in a fair, transparent and open manner. Foster carers and prospective foster carers are invited to attend all panel hearings pertaining to them. (Prospective) foster carers are able to have a supporter/Advisor with them at panel. This can include a legal Advisor in certain situations. In such circumstances, the role of the legal Advisor is to advise their client and is not one of direct advocacy on behalf of the (prospective) foster carer.
The Panel Administrator provides administrative support to the Fostering Panel Advisor and works in conjunction with the Fostering Panel Advisor to ensure the smooth running of all aspects of panels. The duties include:
Meetings of the Fostering Panel
- Set panel dates and booking venue;
- Circulate dates to panel chairs and members, Advisors, agency decision makers and other interested parties;
- Receive and respond to requests for panel dates;
- Maintain an online panel booking and quoracy system;
- Receive and collate reports for panel, arranging for them to be copied and sent to panel members in advance of panel;
- Work with the Fostering Panel Manager in setting the panel agenda;
- Receive apologies from panel members and monitor implications for quoracy;
- Ensure that a minute taker is available for each panel meeting and that minutes are produced promptly;
- Alert the Fostering Panel Advisor to any difficulties or problems arising from any of the above.
Panel Membership
- Set up and maintain personal files on panel members;
- Co-ordinate DBS checks;
- Send out appointment letters;
- Check that all Central List members have references;
- Monitor attendance at panel;
- Maintain contact details of Central List members;
- Maintain information sheet re Central List members;
- Work with the Fostering Panel Manager to coordinate the annual reviews of all Central List members.
Panel Training
- Work with the Fostering Panel Manager to set dates for panel training throughout the year;
- Circulate dates to panel chairs, panel members, agency Advisors, agency decision makers and other interested parties;
- Arrange venues and refreshments;
- Send out invitations and programmes etc.
- Copy hand-outs;
- Monitor attendance;
- Distribute and collate evaluation forms;
- Provide administrative support at the training events themselves.
9. Agency Decision Maker
The Agency Decision Maker will be a senior manager within Wakefield Council with at least three years post qualification in social work and experience of managing children's services. This senior manager will not be in a position that has managerial responsibility or accountability for the recruitment and retention of foster carers. In Wakefield Council there is one Agency Decision Maker.
The Agency Decision Maker should receive the full set of panel papers and the minutes of the panel before making the agency decision. The agency decision should only be made after consideration of all of the written material and the recommendation of the panel.
The Agency Decision Maker will attend the Panel as an observer on an annual basis.
The Agency Decision Maker and the Panel Advisor will jointly undertake an annual performance review of the Panel Chair. This will be an opportunity for the Panel Chair to provide feedback to the Agency Decision Maker about the quality and timeliness of cases presented to panel and the panel arrangements.
10. Fostering Panel Frequency
At present Wakefield Council has two fostering panels. Both Panel meet on a Wednesday and each panel meets monthly.
This is considered to be of sufficient regularity to meet the business needs, both urgent and planned.
11. Fostering Panel Quoracy (Regulation 24)
A fostering panel cannot conduct its business unless at least five of its members, including the appointed independent chairperson or vice chairperson, a social work member with three years post qualification experience (this member need not be employed by the fostering service) and a member providing independence if the chair is absent and the vice chair is not independent, are present.
Wakefield Council's fostering panel has an independent Chairperson and two independent Vice Chairs. The intention is that one of these parties will be available to chair the fostering panel.
12. Tenure of Fostering Panel Membership
Under the Fostering Services Regulations 2002, the maximum tenure of the fostering panel membership was amended to three terms of three years. The Fostering Services Regulations 2011 do not prescribe the tenure of fostering panel membership.
The annual appraisal of each fostering panel member will address issues of continued fostering panel membership and any changes therein.
13. Disqualification of Independent Panel Membership
A person may not be appointed as an independent panel member if:
- They are a foster carer approved by the fostering service provider;
- They are employed by the fostering service provider;
- They are concerned in the management of the fostering service provider;
- They are an elected member of the Local Authority.
A person will not be regarded as suitable to act as a panel member if he/she has been convicted of a specified offence committed at age 18 or over, or has been cautioned by the police in respect of any such offences, which at the time the caution was given, he/she admitted. Where the fostering service is of the opinion that any panel member is unsuitable, or unable to remain in office, it may terminate their office at any time by giving one month's written notice.
14. Resignation
A fostering panel member can resign from office at any time by giving one month's notice to the Fostering Panel Manager.
15. Remuneration
Independent fostering panel members are paid a fee and travel expenses and car parking costs, to facilitate panel attendance.
16. Declaration or Conflict of Interest
A panel member is required to declare any prior knowledge of any case to be considered by the fostering panel. Discussion with the panel chairperson/vice chairperson, and the professional panel Advisor, will determine the panel member's participation in the case in question.
17. Minutes
The minuting of the fostering panel will be undertaken by the Business Support Administrators. The minute taker is not a member of the fostering panel.
The minutes will be provided to the agency decision maker within seven working days of the panel having made its recommendation.
The Agency Decision Maker will make the decision within five working days of receiving the final panel minutes.
The Agency Decision Maker's decision will be conveyed orally to the foster carer/prospective foster carer within two working days of the decision having been made. This task will be undertaken by the supervising social worker/Team Manager responsible for the supervision of the foster carer/assessment of the prospective foster carer.
The Agency Decision Maker's decision will be confirmed in writing within two working days of the decision having been made. This task will be undertaken by the Panel Administrator.
The minutes of the panel meetings will be accurate and informative, and will clearly record the key issues and views expressed by panel members. The minutes will record the panel's recommendation, the reasons for its recommendation and its advice. If the panel does not reach a consensus on its recommendations, the panel's minutes will clearly set out the reasons. The panel chairperson/vice chairperson is responsible for ensuring that the panel's minutes are accurate.
Those affected by a panel recommendation are able to seek disclosure of minutes under the Data Protection Act 2018. Where the agency considers that disclosure may be prejudicial to the discharge of social care functions, legal advice should be sought.
18. Panel Recommendation
Once a panel is ready to reach its recommendation each panel member should be asked whether he or she supports a proposed recommendation. Where panel members have serious reservations, the chairperson/vice chairperson should ensure that these are clearly recorded in the panel's minutes.
If the panel is evenly split, the panel chairperson/vice chairperson has the casting vote so the panel can progress to a majority recommendation. Any dissenting views to the proposed recommendation should be clearly recorded in the panel's minutes. Abstentions are not acceptable. The fostering panel, at the conclusion of its business, makes a recommendation to the Agency Decision Maker.
19. Decision Making
The Agency Decision Maker is not a member of the fostering panel.
The Agency Decision Maker must take into account the panel's recommendation, and must see the final minutes before proceeding to make a decision. The Agency Decision Maker can choose to make a different decision to that recommended by the fostering panel. A clear rationale for so doing must be recorded by the Agency Decision Maker. The Agency Decision Maker must record their decision in a manner which is Hofstetter v LB Barnet and IRM (2009) compliant.
Should the Agency Decision Maker, after taking into account the panel's recommendation, decide that the person is not suitable to act/continue as a foster carer, Regulation 28 and 29 apply, i.e.:
- Give the person written notice that it proposes not to approve the person as suitable to act as a foster carer (a "determination"), together with its reasons and a copy of the fostering panel's recommendation;
- Advise the person that within 28 calendar days of the date of the notice the person may:
- Submit any written representations that the person wishes to make to the fostering service provider; or
- Apply to the Secretary of State for a review by an independent panel of the determination (IRM); or
- Accept the qualifying determination.
If no representation is received from either the person or the IRM the Agency Decision Maker may proceed to make their final decision.
If the person applies to the IRM the IRM processes apply. At the conclusion of this process the IRM will make recommendation to the fostering service provider. The Agency Decision Maker may then proceed to make their final decision.
If written representation is received by the fostering service provider the representation is heard by the fostering panel which made the original recommendation. The written representation should invite the fostering panel to reconsider its recommendation based on new information. The fostering panel makes a final recommendation based on the representation submitted. The Agency Decision Maker then makes their own final decision, taking into account the fostering panel's final recommendation.
Persons submitting a representation can be accompanied by a supporter at the fostering panel, e.g. a friend, a solicitor, or an officer from the Fostering Network Advice and Mediation Service. The panel chairperson/vice chairperson should be advised, in advance, as to intended attendance by a solicitor, and should seek legal advice, regarding the conduct of the representation, in advance of the panel meeting. The fostering panel is not a court of law and, as such, the role of a solicitor at a panel is to advise and support their client. The role is not one of cross examination of the parties concerned.
20. Quality Assurance and Feedback to the Agency
The business activity, of the fostering service provider, is presented to the fostering panel on an annual basis by the fostering service provider. This ensures that the fostering panel is provided with management information about the outcome of foster care applications and reviews, and the overall performance of the fostering service provider.
Review meetings, with the Panel Chair, Agency Decision Makers and the Fostering Panel Advisor will take place on a six monthly basis. The purpose of these meetings is to enable discussion between the fostering panel and the fostering service provider regarding recruitment and retention of foster carers, performance of the fostering service provider, and to enable panel feedback to be communicated directly with the fostering service provider.
This is the primary method by which the quality assurance function of the fostering panel, in relation to assessment and review processes, is achieved.
21. Annual Appraisal
An annual review of a panel member's and vice chairperson's performance will be undertaken by the Panel Chairperson and the Fostering Panel Advisor.
An annual review of the panel chairperson's performance will be undertaken by the Agency Decision Maker and the Fostering Panel Advisor.
The Appraisal will consider, amongst other factors, a panel member's ability to deal with ineffective or disruptive behaviours or attitudes.
Both the review of the panel member, and that of the panel chairperson/vice chairperson, will include feedback from evaluation forms, completed by attendees at a fostering panel.
22. Training
A person appointed to the central list for fostering panel membership will, within ten weeks of joining the central list, complete an induction programme which includes the Training, Support and Development Standards' induction standard. As part of this induction programme, all new fostering panel members will observe a fostering panel before commencement of their duties.
A minimum of two training events per annum will be provided, by the fostering service provider, to fostering panel members. The aim of training, in conjunction with fostering panel business meetings, is to promote good practice, consistency of approach, and fairness by the fostering panel in reaching their recommendations.