Review and Termination of Approval of Foster Carers
RELEVANT GUIDANCE
GOV.UK, Prepare for a Review Panel: Adopters and Foster Carers
AMENDMENT
In August 2021, this chapter was revised throughout in line with local practice.
Contents
- Frequency
- Consultation with Foster Carer before the Review
- Formal Review Meeting
- Presentation to the Fostering Panel or Agency Decision Maker
- After the Fostering Panel
- Representations/Review Procedure
- Updates on Checks
- Resignation by Foster Carers
1. Frequency
Formal reviews of Foster Carers will take place at least annually.
Reviews will take place more frequently in the event of a significant change in circumstances of a Foster Carer for example where there are concerns about the care provided by the Foster Carer as a result of a complaint or allegation.
2. Consultation with Foster Carer before the Review
Prior to the formal review, the Supervising Social Worker will send the Foster Carer their review report for completion. The Foster Carer will also receive a copy of the Supervising Social Worker's review report prior to the review meeting.
The Supervising Social Worker will also, as part of the formal review, seek the views of all members of the Foster Carer's household as well as the written comments and opinions as to the Foster Carer from all Social Workers with children within their care and any other professional deemed appropriate for example, School and Health Visitor etc.
3. Formal Review Meeting
The review meeting will be Chaired by an Independent Reviewing Officer with the Supervising Social Worker and the Foster Carer(s) present. These are usually held at the Foster Carer’s home unless all parties feel it would be more appropriate within an office environment. At the review meeting, an appraisal of the Foster Carer's training and development needs, an evaluation of the training received since the last review, the Foster Carer's views of the service and support provided as well as the appropriateness of children in their care made alongside the standard of care provided by the Foster Carer.
The Chairperson will minute the meeting and produce a report including their own recommendations as to the suitability for the continued approval or any changes of terms they feel necessary. Following receipt of the IRO report the Fostering Team Manager will also give recommendation as to the Foster Carer’s suitability or any changes of terms taking into consideration the views of all parties. This recommendation will then be shared with the Agency Decision Maker or the Fostering Panel.
4. Presentation to the Fostering Panel or Agency Decision Maker
Following completion of the first Foster Carer review this must be presented to the Fostering Panel. All reviews that occur three yearly thereafter will also be presented. Other circumstances such as a review following allegations or complaints or where the Agency is recommending deregistration will also be presented to the Fostering Panel.
Whether presented to the Fostering Panel or not, the report will be presented to the Agency Decision Maker for a decision as to whether the Foster Carer remains suitable to foster and whether the terms of approval remain suitable. Where it has been presented to the fostering panel, the Agency Decision Maker will take into account the panel's recommendation.
Where the Review recommends the termination of approval of the Foster Carer, see Section 6.1, Proposal to Terminate Foster Carer's Approval.
Where the Fostering Panel's recommendation is for a different category of approval, see Section 6.2, Proposal to Revise the Terms of the Foster Carer's Approval.
Where the Foster Carer has decided to resign as a Foster Carer, see Section 8, Resignation by Foster Carers.
5. After the Fostering Panel
The Foster Carer will be informed in writing by the Panel Administrator of the outcome of the review.
A copy of the Review Form and a record of the outcome of the review will be retained on the Foster Carer's case record and also sent to the Foster Carer for their records.
6. Representations/Review Procedure
6.1 Proposal to Terminate Foster Carer's Approval
Where, as a result of a review, the termination of a Foster Carer's approval is proposed, written notice of the proposal and the reasons must be sent to the Foster Carer within 7 days of the decision and they must be advised that if they wish to challenge the decision, they have the opportunity to make representations to the Agency Decision Maker or to request a review by an Independent Review Panel under the Independent Review Mechanism as set out in the Assessment and Approvals of Foster Carers Procedure, Representations / Independent Review Procedure. Notification/representations will need to be received by the Panel Administrator within 28 days of the date of the notice of the decision being sent to them. The Panel Administrator will then notify the Foster Carer within 7 working days of the date when the Panel will reconsider the matter.
The Foster Carer will not have the right to request a review by an Independent Review Panel is if they are disqualified as a result of a conviction or caution for a specified offence - see Persons Disqualified from Fostering Procedure.
If no written representations or notification of a request for a review are received within the period, the Agency Decision Maker decision stands and the Foster Carer will be de registered.
If written representations are received within the period, the matter must be referred to the Fostering Panel for further consideration if the Foster Carer appeals to the Local Authority. If they appeal to the IRM then the IRM will schedule the Fostering Panel which the appeal will be held at. Foster Carers wishing to make representations in person to the Panel may be accompanied by a friend or supporter.
No matter which route the Foster Carer has chosen to appeal, the relevant Fostering panel will make a new recommendation in relation to the Foster Carer and a final decision will be made by the Agency Decision Maker considering any fresh recommendation made by the Panel.
Written notice of the final decision, together with reasons, must then be sent to the Foster Carer within 7 working days of the decision.
Where the termination of the approval of a Foster Carer is being considered, plans for any current child in their care will also be required and made as appropriate.
Where the approval is terminated, the Agency Decision Maker, in consultation with the Local Authority Designated Officer (LADO) will decide whether to refer the former Foster Carer to the Disclosure and Barring Service for inclusion of the carer's name on the Children's Barred List.
6.2 Proposal to Revise the Terms of the Foster Carer's Approval
6.2.1 Where the Foster Carer is in Agreement
Where, as a result of a review, it is proposed to revise the terms of the Foster Carer's approval, a statement must be sent to the Foster Carer setting out whether it is considered that the Foster Carer or members of their household (including any children in their care) may have additional support needs as a result of the proposed revision and, if so, how those needs will be met, and request the Foster Carer's agreement in writing to the proposed revision of terms.
Where the Foster Carer's written agreement is received, the decision to revise the terms of approval may be made immediately.
The Agency Decision Maker's decision in such circumstances is not a Qualifying Determination and the Foster Carer may not apply for an independent review of the decision by way of the Independent Review Mechanism.
Foster Carers must not be pressured to accept changes to their terms of approval.
6.2.2 Where the Foster Carer is not in Agreement
Where the Foster Carer does not agree in writing to the revision of their terms of approval, then the representations/review procedure as set out in Section 6.1, Proposal to Terminate Foster Carer's Approval will apply.
7. Updates on Checks
Disclosure and Barring Service checks should be updated every 3 years and if necessary, a review of the Foster Carer's approval should be carried out immediately to take account of any new information.
See Persons Disqualified from Fostering Procedure
In the event of any serious concerns about the Foster Carers health, a review of the Foster Carers approval should be carried out immediately.
8. Resignation by Foster Carers
A Foster Carer may give written notice at any time of their wish to resign from the role. Once written notice has been given, their approval will automatically be terminated 28 days after receipt of the notice. The Foster Carer cannot withdraw their notice once it has been received, nor can the Agency Decision Maker decline to accept the resignation. Should a Foster Carer who has resigned subsequently wish to foster again, they will need to be assessed under the procedure for Assessment and Approvals of Foster Carers Procedure. Though there is no requirement for the fostering panel to be notified of resignations. North Tyneside Council do update the Fostering panel on all resignations.