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3.9.6 Review of Foster Carers (including Termination of Approval)

SCOPE OF THIS CHAPTER

This procedure applies to all approved foster carers, including short break carers and Family and Friends Foster Carers.

Section 7 Representations/Independent Review Procedure has been updated to include the right for foster carers to apply to the Independent Review Mechanism where there is a proposal to terminate or change the terms of their approval. This right was introduced to take effect from 1 April 2009 by the Independent Review of Determinations (Adoption and Fostering) Regulations 2009.


Contents

  1. Frequency and Timing
  2. Consultation and Action before the Review
  3. Formal Review Meeting
  4. Circumstances in which Termination of Approval may be Considered
  5. Presentation to the Fostering Panel
  6. After the Review
  7. Representations /Independent Review Procedure
  8. Updates on Checks
  9. Resignations
  10. Retention of Foster Carer Records


1. Frequency and Timing

Formal reviews of foster carers will take place at least annually.  Dates and the venue for review meetings will be agreed by the supervising social worker in consultation with the foster carer.

The first annual review will be reported to the Fostering Panel within 12 months of the original approval. Subsequent reviews will be reported to the Fostering Panel where there are substantial changes to the terms of approval - see Section 5, Presentation to the Fostering Panel.

Reviews will take place more frequently and may be initiated by the supervising social worker or foster carers in the event of a significant change in circumstances of a foster carer affecting the ability or capacity to foster, for example a change in the composition of the household - see Section 13, Changes in the Foster Carer's Household or Circumstances in the Assessment and Approval of Foster Carers Procedure, a significant health issue, concerns about the standards of care provided by the foster carer, a complaint or allegation made about the carer resulting in a Section 47 Enquiry or investigation, concerns as a result of information from updated Criminal Records Bureau checks or a recommendation for a change of approval.

As well as formal reviews, there will be regular supervision, dialogue and feedback between the supervising social worker and the foster carers - see Support and Supervision of Foster Carers Procedure.


2. Consultation and Action before the Review

Prior to the formal review meeting, the supervising social worker will collate all information relevant to the foster carers' suitability to foster, including the number and type of placements in the last year, information from the Looked After Reviews of children placed, any extensions or exemptions that have been agreed in the previous year, supervision records, end of placement reports and records of any complaints or allegations made against the foster carers or members of their household.

The views of the foster carers, all members of the household, any children placed since the last review, their parents (where appropriate) and their social workers and any other professional whose views are relevant will be sought and taken into account at the review. This may include contacting a social worker from outside the authority if appropriate. These views should be requested in writing at least 4 weeks before the review meeting takes place.

The foster carer and members of the family (including the foster carers’ own children depending on their age and understanding) will be asked to complete their own review form for this purpose.

Any updates on checks will also be carried out – see Section 8, Updates on Checks.


3. Formal Review Meeting

The formal review meeting is usually chaired by a manager and attended by the supervising social worker, foster carer and members of the foster family. However, where there are any issues of concern, the team manager may arrange for an independent chair, e.g. an Independent Reviewing Officer.

The meeting will usually be held in the foster home.

As well as considering the information collated in advance, the review will consider all the available information and views and reach the following conclusions;

  • whether the foster carer continues to be suitable to foster children
  • whether the terms of approval continue to be suitable
  • what training and development needs the foster carer has
  • how these needs will be met and who will be responsible
  • what support needs the carer has, and how these will be met
  • any difficulties or concerns since the last review
  • the date for presentation to the Fostering Panel , if relevant

The supervising social worker will prepare a review report stating whether the carers continue to be suitable to foster and whether the terms of his or her approval continue to be appropriate. This report should include a summary of the fostering work undertaken so far and how this relates to the development of the foster carer's skills. Any recommendations for change in the foster carers’ approval should be highlighted.

The review report will then be sent to the chair and foster carer for approval and signature and then passed to the Service Manager, Resources for endorsement.

A copy of the report will be sent to the foster carers and a copy placed on the foster carer's record. 

For reviews that do not have to be presented to the Fostering Panel, the supervising social worker's Service Manager will consider the record of the review and ratify the outcome.


4. Circumstances in which Termination of Approval may be Considered

Termination of approval will be considered in the following circumstances:
  1. Criminal conviction of carer or member of their household specified in schedule 4 Regulations 27(7)(b)
  2. Concern that a child in their care had suffered or is likely to suffer Significant Harm following a section 47 Enquiry
  3. Serious levels of concern about the quality of care given to children in the placement. This could relate to one specific incident or to repeated patterns.
  4. Where a child's complaint against a foster carer has been upheld and the issues raised cannot be resolved through training.
  5. Unwillingness/inability of the carer to work in partnership with either or both the local authority and birth families.
  6. Total breakdown of the carers’ relationship with the local authority
  7. Serious breaches of confidentiality
  8. Misuse of local authority allowances


5. Presentation to the Fostering Panel

The review report will be presented to the Fostering Panel on the foster carer’s first annual review.

In addition, the Fostering Panel will receive a report in relation to any review where a change to the approval or termination of approval is recommended (e.g. an extension of approval to include permanency or a change to the competency level) or where there has been a significant change in circumstances of the foster carer or any event/incident has occurred affecting the continued suitability of the foster carers (for example an allegation or complaint resulting in a Section 47 Enquiry or investigation) or where there is an unresolved disagreement regarding a review recommendation.

Where the report is to be presented to the full Fostering Panel, the report should set out any proposed changes to the approval, together with reasons. Additional reports may also be required depending on the proposed changes.

Where the report recommends termination of the foster carer's approval, the report should give full details of the concerns, allegations or complaints and the outcome of any Section 47 Enquiry or investigation. Any mitigating circumstances should be outlined.

A copy of the foster carers’ Form F and any previous relevant Panel minutes should also be attached to the report. 

The report for the Panel will be shared with the foster carers and they should be invited to submit written comments. They should also be offered independent support, e.g. from the Mediation and Conciliation Service provided by Fostering Network.

A copy of the report to the Panel (and attachments including any written comments of the foster carer(s) on the report ) should be sent to the Panel Administrator at least 10 working days before the relevant Panel meeting.

Foster carers should be invited to attend the Fostering Panel when their review is being considered, together with a supporter if they wish, and the Panel Administrator should be informed if they intend to do so. The companion is for moral support and should not be a solicitor or legally trained.

Where the Review recommends the termination of approval of foster carers, the review should be presented to the earliest possible Fostering Panel.  The chair of the review meeting should also be invited to attend the panel. Where there is a conflict between the chair of the review and the Panel Adviser, the panel will appoint a different Adviser during consideration of the case.

Where the Panel's recommendation is for a different category of approval, the Panel may require further assessment or training for the foster carer.

Where the review is presented to the Fostering Panel, the Panel's recommendation as to the future approval of the foster carer will be submitted to the Agency Decision Maker for a decision to be made.

Whether or not the foster carers are present at the Panel, the Panel Adviser will arrange for them to be informed in writing of the outcome of the review as soon as possible and at the latest within 7 working days after a decision is made and give notice:

  1. that the foster carer and household continue to be suitable and that the terms of the approval continue to be appropriate; or
  2. that the approval is terminated from a specified date, and the reason for the termination; or
  3. the revised terms of the approval and the reasons for the revision

See Section 7, Representations Procedure where the foster carer wishes to challenge the decision.


6. After the Review

The supervising social worker will write to any social worker from outside the authority with a child placed with the foster carers to inform them of the outcome of the review.

Where the foster carer lives outside the borough, the local authority for the area where he/she resides will also be informed in writing of the outcome of the review.

The outcome of the review will also be recorded and the Register of Foster Carers. Where there has been any change in the terms of the approval, the Foster Care Agreement will be updated and signed by the supervising social worker and foster carer.

Where the approval is terminated, the relevant team manager must inform OFSTED.

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 Protection of Children (PoCA) List. 


7. Representations/Independent Review Procedure

Where, as a result of a review, the variation or termination of a foster carer’s approval is proposed, he or she must be advised, when informed of the outcome of the Agency Decision Maker's decision that if they wish to challenge the decision, they have the opportunity to make representations to the Panel or to request a review by an Independent Review Panel within 28 days as set out in the Section 9, Assessment and Approval of Foster Carers Procedure.

The only circumstances where the foster carer will not have the right to request a review by an Independent Review Panel is 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 notifications of a request for a review are received within the period, a final decision to terminate or vary an approval can be made.

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.


8. Updates on Checks

Criminal Records Bureau checks on persons aged 16 and over should be updated every 3 years and if necessary, a review of the foster carers’ approval should be carried out immediately to take account of any new information.  See Persons Disqualified from Fostering Procedure

The foster carers should also be asked to complete Declarations of Health and Suitability every 2 years. In the event of any serious concerns about the foster carer’s health, a review of the foster carer’s approval should be carried out immediately.


9. Resignations

Where the foster carer has decided to give up fostering, a brief report and a copy of the foster carer’s resignation letter will be presented to the next available Panel for information and acknowledgement.

The resignation should be recorded formally by the Panel as the termination of the foster carer’s approval to take effect 28 days from the date when written notice has been received from the foster carer. 

An ‘exit interview’ will be conducted with the foster carer wherever possible to determine the reasons for their resignation.

A letter of appreciation and thanks will be sent to the foster carer (unless there are circumstances in which this would be unwelcome or inappropriate).

When there is a child in placement, the foster carer must inform the fostering service of their intention to cease fostering in sufficient time to enable an alternative placement to be identified and introductions to take place. If the child is placed by another local authority, a  copy of any notice given must be sent to that local authority.


10. Retention of Foster Carer Records

Foster carers’ case records should be retained for a minimum of 10 years after their approval has been terminated.

End