6.1.6 Review and Termination of Approval of Foster Carers

RELATED GUIDANCE

Prepare for a Review Panel: Adopters and Foster Carers

1. Frequency

Formal reviews of foster carers will take place at least annually. Where reviews need to be delayed, this will require the permission of the Family Placement Team Manager or the Team Leader.

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.

It is important that the Supervising Social Workers plan workloads so as to allow sufficient time for Foster Carer reviews to be completed, the review should be seen as a process rather than an event and the preparation should begin immediately after the previous review has been completed. The Supervision sheets which are completed quarterly will help to inform the review and aid the supervising social worker with the report.

As well as formal reviews, there will be regular dialogue and feedback between the fostering worker and the foster carer.

2. Consultation and Preparation before the Review

Responsibilities of the Link Supervising Social Worker (SSW):

At least eight weeks prior to the Panel review:

Request reports from social workers of children/young people placed with the carers since the last review (including children’s report if over 8 years old) and request a written report from the foster carer;
Speak to all members of the fostering household including children, in preparation for a review;
Inform panel administrator or reviewing manager of panel review date.

Four weeks prior to the Panel review:

If social worker reports are not received by 4 weeks before panel dates, the Supervising Social Worker should send a written reminder, including a copy to the social worker’s team manager.

Not less than three weeks prior to the Panel review:

Complete SSW report and pass to either the Placements Manager, Family Placement Team Manager or the Team Leader for approval and counter signature. This should be accompanied by an updated health and safety checklist, an updated safe caring policy that is specific to the household and the carer’s personal development plan;
Ensure carers receive timely copies of social worker reports etc., and/or details of verbal reports when available;
Send SSW’s Review Report to carers for consideration, comment and signature with sufficient time for the carers to read the report and make comments.

At least 10 working days prior to the Panel review:

Pass all review papers to panel administrator (N.B. copies only to be sent – originals to be scanned on to the carer’s ICS file).

3. Formal Review Meeting

All first reviews must be held at the panel and it is expected that the foster carers will be invited to attend. After the first review, subsequent reviews will usually be held in the foster carers’ home and chaired by the manager nominated to this role.

Reviews where the Supervising Social Worker is recommending a change in approval or where there have been serious concerns or allegations will be held at the panel and the foster carer will be invited to attend. Where any circumstances exist which in the opinion of the Agency Decision Maker require consideration by the Fostering Panel, will be taken to panel. This will include the situation where an updating Disclosure and Barring Service check reveals a new concern about the foster carer or a member of the household.

See Appendix A: Agenda for Foster Carer Reviews Conducted out of Panel, for reviews which are conducted in the foster carer’s home.

4. Presentation to Agency Decision Maker

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.

See Appendix B: Agency Decision in Respect of Fostering Review 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 give up fostering, see Section 8, Resignation by Foster Carers.

5. After the Review

The foster carer will be informed in writing by the fostering worker 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 on ICS.

The next review should then be booked with the reviewing manager for no later than 11 months after the date of the last review.

6. Representations/Review Procedure

6.1 Proposal to Terminate Foster Carer’s Approval

Where, as a result of a review, the variation or 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 he or she 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 Agency Decision Maker within 28 days of the date of the notice of the decision being sent to them. The matter will be referred to the fostering panel, and 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 if he or she is regarded as 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, a final decision to terminate an approval can be made.

If written representations are received within the period, the matter must be referred to the Fostering Panel for further consideration. Foster carers wishing to make representations in person to the Panel may be accompanied by a friend or supporter. Where a foster carer wishes to make representations in person, the Panel Chair may consider the Panel meeting as a smaller quorate sub-group.

The Panel will make a new recommendation in relation to the foster carer and a final decision will be made by the Agency Decision Maker taking into account 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 the termination of any current placement 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) or nominated person 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, the 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 placed there) 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 above will apply.

7. Updates on Checks

Disclosure and Barring Service checks should be updated every 3 years (unless the foster carers have subscribed to the Disclosure and Barring Service Update Service) and if necessary, a review of the foster carer's approval should be carried out immediately to take account of any new information. Before a carer’s annual review can take place, the Supervising Social Worker (SSW) must ensure that all of the relevant statutory checks, including DBS’s are no older than 3 years. If a carer’s checks are due for renewal the SSW must ensure that new consent to disclosure forms and DBS forms are completed and submitted. To avoid delay, DBS checks should be renewed once they are 2 years old.

See Persons Disqualified from Fostering Procedure.

Whilst there is no statutory time interval, as good practice medical information should also be updated at least every 3 years by writing to the foster carer’s GP. 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 Approval of Foster Carers. There is no requirement for the fostering panel to be notified of resignations. However the panel may find it helpful to be advised, as part of its monitoring role.