Fostering Panel

1. Introduction

Under the Fostering Services: National Minimum Standards 2011 all fostering providers, whether they be run by a local authority or independent fostering agency are required to establish at least one foster panel. Foster carers are legally only permitted to be approved by one provider and children are placed through that approving provider.

2. Purpose and Function

The Fostering Panel monitors the range and type of foster carers available to the local authority in comparison with the needs of children, and plays a key role in the improvement of standards within the fostering service.

As part of this function, the Panel oversees the conduct of assessments and annual reviews of approved foster carers, advises on any relevant matters in relation to the fostering service and makes recommendations to Children's Services about quality issues and performance standards.

In particular, the Panel makes recommendations as to the following:

1. The suitability of applicants to act as foster carers and terms of their approval (including Connected Persons);
2. Exemptions from the limit to the number of children placed with foster carers;
3. The continued suitability of the foster carers and whether the terms of the approval remain appropriate (after the first annual review of foster carers and any other review where significant changes or termination of approval is recommended - see Review and Termination of Approval of Foster Carers Procedure);
4. Any other special matters relevant to a foster carer which the Chair of the Panel considers appropriate to be referred;
5. Referrals to the Independent Review Mechanism - see Assessment and Approvals of Foster Carers Procedure, Representations / Independent Review Procedure.

The Panel will also receive and consider any representations challenging a decision not to approve an applicant as suitable, or to terminate or revise the terms of a foster carer's approval - see Assessment and Approvals of Foster Carers Procedure, Representations / Independent Review Procedure.

The Panel will receive the Fostering Service Manager's annual report on the Panel's business, including statistical information about approvals, reviews, termination of approvals, the number of children in placement and complaints received about foster carers during the preceding year. The Foster Panel Chair will also complete an annual report of the Panel's business.

The Chair will communicate any issues of concern to the Fostering Service Manager and take part in quarterly meetings with him or her and the Vice Chair to review the Panel's functioning and report on the quality of work being presented to Panel, to ensure good standards are maintained.

At the quarterly meetings, the Panel Administrator will provide statistical information in relation to the Panel business, together with information on the numbers of foster carers used by the local authority and the number of children looked after by the local authority. This will enable an appraisal of the extent to which the fostering service is meeting the demand for placements.

3. Membership

Under Regulation 23 (1) of the Fostering Services (England) Regulations 2011 a Central List must be maintained by the fostering provider and members sitting on each panel is drawn from the list. To be quorate there must be one or more social workers with at least three years relevant post-qualifying experience, and the remainder should have varying but relevant knowledge and/or skills to make informed recommendations about the children and foster carers presented at each foster panel.

Where it is considered that someone is unsuitable to be on the Central List, they must be given one months' notice in writing and reasons for the decision to end their inclusion on the list. The Chair will be appointed by the and will be a senior manager with responsibility for the fostering service or an independent person (Designated Manager (Fostering Panel Appointments)). (As from 1st October 2011 an Independent Chair must be appointed.)

The Designated Manager must also appoint up to two Vice Chairs, whose role is to chair the Panel when the Chair is unavailable.

Reasonable expenses relating to attendance can be met, including travelling expenses and childcare; there is an allowance for attending training sessions plus travel expenses.

All Panel members must have been the subjects of a satisfactory Disclosure and Barring Service checks before taking up their appointment. These Disclosure and Barring Service checks should be kept up to date and recorded, including the date when the checks were made. Personal and work references will also be obtained in writing and must be satisfactory.

Each member must be provided with written information on appointment of their performance objectives, including their participation in induction and other training and safeguarding the confidentiality of records and information submitted to Panel. They will be asked to sign an agreement with the fostering service, in relation to his or her membership, covering the service expectations (including the requirement to report any involvement in criminal proceedings), confidentiality issues and commitment to anti-discriminatory practice.

All Panel members will also be required to attend at least one Panel meeting as an observer before taking up their membership. Panel members should complete induction training within 10 weeks of joining the Central List, have access to appropriate training and skills development and have the opportunity to attend joint training with fostering staff at least annually.

The quorum is 5 provided that the following are present:

1. Either the Chair or one of the Vice Chairs (in the absence of the chair). If the meeting is conducted by the vice chair who is not independent, there must be at least one other member of the panel who is independent;
2. One of the social worker representatives with at least three years post qualifying experience;
3. Three (or in the case of a joint panel, four) other members.

Each panel comprises of people from a central list and in Bracknell Forest, their skills are as follows:

• An independent Chairperson;
• A Bracknell Forest Councillor;
• Social Workers with at least 3 years post qualification experience;
• Independent members drawn from a range of backgrounds and experiences, including education and psychological services;
• Looked After Children's nurse;
• Children's Participation Officer;
• Care experienced young person;
• One of the above is designated to be vice chair and sits in place of the chair when necessary.

The panel has access to health advice via the Agency Medical Advisor and legal advice via the Joint Legal Team.

The panel also has the support of two administrators who manage the administration of each meeting, including minute taking.

Panel members may request any relevant information or assistance they require, including medical or legal advice, from the fostering agency and, if so requested, this must be provided by the fostering agency.

There must be a process for review of the performance of Panel members (including of the Panel chair by the agency decision maker) and for the performance management of members. Where necessary the termination of the appointment must be considered.

Where there are concerns about a Panel member's behaviour either inside or outside the meetings, and this cannot be dealt with by advice, training and/or information, this will raised by the Chair with the Designated Manager (Fostering Panel Appointments).

The Designated Manager 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.

4. Meetings

The panel meets on a monthly basis or more frequently if business requires this. The panel also holds a business meeting between panel members, Panel Advisor and Bracknell Forest managers every six months. The Panel Administrator, with the Chair's authority, will arrange additional special meetings as necessary.

The Panel Administrator will arrange for the Legal Adviser to attend the Panel if required by the Chair or by the worker presenting a report.

The Panel's Medical Adviser will provide medical advice on matters to be brought to the Panel, by attendance at Panel meetings or where this is not possible by telephone or an exchange of correspondence on individual cases in advance of the meeting as considered appropriate.

The Panel Administrator may arrange for observers to attend meetings, in consultation with the Chair, but no more than 2 observers may attend at any one time.

The Panel and the Fostering Service expects the attendance of prospective foster carers at meetings during consideration of their applications for approval. Applicants can attend with a supporter and 'be heard' at fostering panel meetings that consider their approval - for the assessment and approval process in more detail - see Assessment and Approvals of Foster Carers Procedure.

The Panel Administrator, in consultation with the Chair, prepares the agenda for each meeting and sends out the agenda to Panel members five working days before the meeting.

Those presenting reports to the Panel must send their reports to the Panel Administrator at least 10 working days before the date of the Panel. The Panel Administrator will arrange for the documentation to be distributed to Panel members.

The Chair's role is to ensure that all members participate fully in the meetings (unless an interest has been declared - see below) and that each member has an opportunity to raise questions or offer comments on each matter considered, that sensitive regard is paid to foster carers while keeping the child's welfare paramount, that consensus is achieved wherever possible and that the Panel has clear reasons for its recommendations.

Where there is a serious difference of opinion among members, the Chair may ask for more information to be made available to the Panel before a recommendation is made. Serious reservations expressed by individual Panel members about a particular recommendation must be recorded in the Panel minutes for consideration by the Agency Decision Maker (Fostering).

At the end of meetings, the Panel Administrator will collect all reports and agenda from members (for shredding). Panel members who are unable to attend meetings will be asked to return papers to the Panel Administrator (for shredding) as soon as practicable.

The Panel Administrator will prepare the minutes in which reasons for recommendations and any disagreements or dissent will be fully recorded.

S/he will send the minutes to the Chair for approval of their accuracy, and then submit them to the Agency Decision Maker (Fostering) for approval of the recommendations made.

The assessing social worker/supervising social worker will also ensure that applicants, foster carers and social workers are notified of Panel recommendations within one working day of the Panel. The Panel Administrator will provide social workers with a copy of the relevant minute after a decision has been made by the Agency Decision Maker.

Conflicts of Interest

Panel members should consider any conflicts of interest in relation to Panel agenda items. A potential conflict arises if an interest may be seen to adversely affect a Panel member's capacity to act without prejudice or preference in a matter.

It is anticipated that in many circumstances there may be professional knowledge of a case which should be notified to the Chair but which will not affect a member's capacity to participate in the Panel. In other circumstances there may be a personal interest or connection which would require the Panel member to refrain from participation. It may be less clear in some cases when advice should be sought.

In the case of a potential conflict of interest where advice is required, Panel members should consult the Chair or Legal Adviser, giving as much advance notice as possible particularly having regard to the implications for the quorum.

5. The Work of Foster Panel

Foster panels have a chair who facilitates the smooth running of each panel meeting. The Panel Chair is independent of the fostering service, and in their absence, a vice chair, previously identified but drawn from the central list will chair the meeting. A dedicated Panel Advisor is present for all panels to advise on process, and liaise between panel and Bracknell Forest Council employees

It is the responsibility of the Panel Advisor to ensure that each panel is quorate, has an agenda with details of membership for the panel, cases being presented, those presenting, and the length of time designated for each case.

Agenda items are booked through the Panel Admin or Panel Advisor who ensure that assessments that must be presented within a regulated timescale are prioritised.

Cases presented to Foster Panel fall into the following categories:

• Form F Assessments;
• Form C Assessments - Connected Persons;
• Extensions of Approval under Regulation 24 of 1989 Children Act Vol 2: Care Planning, Placement and Case Review;
• Household Reviews: the 1st review must be presented to panel and 3 yearly thereafter in line with good practice;
• Long Term Matches;
• Termination of Approval;
• Resignation;
• Disruptions;
• Exemptions: for panel to note.

Quality Assurance

Where possible, a three-way meeting between the assessing worker, their supervisor and the Panel Advisor is held towards the end of the assessment process. All reports must be sent to the Panel Advisor 4 weeks prior to the date of panel, with the exception of Connected Persons assessment reports, which will be sent 2 weeks prior to the panel. This ensures sufficient time for quality assurance and any additional work to be completed and/or questions to be answered. Final reports etc must be sent to the Panel Advisor at least 2 days before they are circulated to panel members

Process for Circulation of Reports

Family placement social workers are responsible for completing a front sheet/checklist and collating all final drafts of reports to send to the Panel Advisor for circulation to panel members. The family finding worker does this for long term matches.

The Panel Administrator sends all reports and documents to panel members at least 5 working days before the panel meeting.

Panel Recommendation

Foster Panel makes its recommendation about all cases that are presented to Panel. Whilst Panel members are deliberating, the applicants/foster carers and supervising social worker wait outside and are invited back to hear the recommendation. The Decision Maker is sent the same the reports that panel members received along the minutes of Panel's discussions, and panel members recommendation to make the final decision.

(During the restrictions due to Covid-19, panels are being held virtually. The Panel Advisor informs the supervising social worker immediately following a recommendation being made and it is their responsibility to inform the applicants/foster carers of the outcome).

The Decision Maker will make the final decision within 7 working days of receiving the final copy of the minutes, taking into account the Panel recommendation and any other representations the applicants/foster carers may make. The Decision Maker will give reasons for their decision. Letters are sent out to the applicants/foster carers within 5 working days of the decision being made.

6. Review of Foster Carers

All foster carers(s) have their first Review at between six - nine months after initial approval and this is presented to the Panel within 12 months of approval. A Review is undertaken annually thereafter or more frequently where necessary. Reviews will be presented to panel three yearly, in line with best practice. An updated Review is completed and presented to Panel if an allegation against a foster carer is investigated, if there is any significant change in circumstance of the carer(s) or if they or the service are seeking to change the carer's range of approval.

Review Following an Allegation

Following an investigation into an allegation made against a foster carer, the LADO sends a letter to the foster carer detailing the outcome and an updated Household Review is held unless the allegation is deemed to be 'unfounded or malicious'.

• If the outcome is 'malicious' there is no further action and should not be recorded in future reports on the foster carer;
• If the outcome of the allegation is 'unfounded' details of the allegation will be noted at the foster carers' next scheduled Household Review;
• If the outcome of the allegation is 'unsubstantiated' a Household Review must to be presented to Foster Panel within 8 weeks of the matter concluding;
• If the outcome of the allegation is 'substantiated' a Household Review needs to be presented to the panel within 28 working days of the matter concluding.

The Panel will review the foster carer's approval and ensure that any support and learning needs have been considered appropriately by the service. If the allegation is serious and substantiated it could result in the panel recommending deregistration.

Termination of Approval

If a foster carer makes the decision to cease fostering for Bracknell Forest, the information is presented to Panel within 28 days and their approval will be terminated. Their name is then removed from Bracknell Forest's list of foster carers.

If as either as part of the review process or as a result of an incident that causes serious concerns, it is decided that a foster carer is no longer suitable to continue fostering, the matter will be taken to Panel for consideration and recommendation, then to the Decision Maker for a decision, regardless of whether the foster carer wish to continue fostering or to resign. Any decision as to whether to terminate foster carer approval is set out in writing, along with any recommendations for action if required. If the foster carer does not agree with the proposal to terminate their approval, they can make written representations to the Fostering Service up to 28 days from receipt of the letter detailing the decision to terminate their approval and the additional information will be considered by Foster Panel. Alternatively, the foster carer has 28 days to appeal against the decision either by contacting the Independent Review Mechanism or by making a complaint.

In all cases, the Panel will focus on safeguarding and protecting the interests of the children placed with the carer and ensure the placement is appropriate in the future.