Fostering Panel

The Fostering Panel promotes safe, secure and stable placements. It carries out a rigorous quality assurance function and promotes thorough assessments, support and training for foster carers. 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 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.

The Panel members are recruited from a range of diverse backgrounds. The Panel has the necessary knowledge and expertise to support the Fostering Service to make effective child-centred decisions in relation to the cases brought before it.

Staff and Panel members are suitably vetted and qualified and are able to deliver high-quality services to foster carers and children.

There is no fixed Panel membership or maximum number of members or maximum tenure of office.

The membership must be drawn from a Central List of persons with the appropriate qualifications and/or experience, including one or more social workers who have at least three years' relevant post-qualifying experience.

Where it is considered that someone is unsuitable to be on the Central List, they must be given one month's notice in writing and reasons for the decision to end their inclusion on the list. The Chair will be a senior manager with responsibility for the Fostering Service or an independent person.

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 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 their 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, be kept abreast of relevant changes to legislation and guidance 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.

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

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 be 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.

Panel members may resign by giving one month's notice to the Designated Manager (Fostering Panel Appointments).

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 welcomes 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.

The Fostering Panel is required to make recommendations to the Agency Decision Maker.

It is expected that Panel members will have read all reports and carefully evaluated the information to identify issues where further information or explanation is required, before the meeting takes place.

The Panel chair will ensure that each Panel member is given the opportunity to raise comments and seek clarification about terminology in reports.

Applicants attending the Panel meeting where their application is being considered will also have the opportunity to make comments and seek clarification about the assessment or review process and any issues that may emerge. If they bring a supporter with them, the supporter will also be invited to speak on behalf of the applicant. The Panel's deliberations about an applicant's suitability will usually be done after the applicants have left.

The Panel is expected to try and reach a consensus of opinion discussing the strengths and concerns. All Panel members should be asked their views and no view should carry more weight than another. The chair would generally not have a casting vote, where an even vote occurs further information should be sought.

The recommendations should be recorded having been previously summarised by the Panel chair. The Panel chair will normally advise the applicant of the Panel's recommendations following the meeting.

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, for example because they know a person under consideration in a personal or professional capacity.

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.

The Agency Decision Maker must have been qualified as a social worker and have at least three years' experience and have a working knowledge of childcare law and practice.

The Agency Decision Maker will take account of the Panel's recommendation before proceeding to make a decision. The Agency Decision Maker can choose to make a different decision.

The Agency Decision Maker receives the same information as Panel members prior to a Panel meeting, together with the minutes of the Panel meeting.

The decision and the date of the decision will be recorded by the Agency Decision Maker.

Applicants and carers should be advised verbally of the decision within two days and in writing within five working days of the receipt of the Agency Decision Maker's decision.

The Agency Decision Maker may defer any decision should there be any cause to do so until such time as any issues have been resolved.

The Fostering Service must review the approval of each foster parent in accordance with Regulation 28 of the Fostering Services (England) Regulations 2011.

The approval of foster carers can end in a number of ways.

Where the decision is made by the foster carers - for example, due to retirement, a career change, because the carer wishes to take a break or because they wish to move to another fostering Agency, they must give twenty-eight days' notice to the Fostering Service and this will be reported to the next available Fostering Panel.

Occasionally it will be necessary for the Fostering Service to take action to terminate a carer's approval. Where this is considered it should be presented to the Fostering Panel following a review of the carer's approval. This process is detailed in the Review and Termination of Approval of Foster Carers Procedure.

Social Workers, Team Managers and relevant support staff in liaison with the Fostering Panel Adviser, should try to prevent cases booked for the Fostering Panel being deferred, by carefully scrutinising all reports prior to submission. On occasions the Panel Adviser may have to withdraw a case if insufficient information, evidence or analysis has been provided. This decision will be made in consultation with the relevant social worker and/or their manager.

The Fostering and Adoption Service Managers, the Agency Adviser and the Chair have the option to defer a case before Panel.

If a Panel member has concerns about the adequacy of a report prior to a Panel meeting and considers the item should be deferred s/he should contact the Panel Adviser to discuss their concerns.

Deferment at a Panel Meeting

On occasions during the Fostering Panel a deficit in information, evidence or analysis that was not clear before an individual contribution is made or a pattern or theme may emerge from collective discussion. This could lead to a case being deferred at a Panel meeting. (This is why a Fostering Panel functions with a variety of different professionals' perspectives which contribute to the quality assurance role).

If during the Panel's initial consideration of the case, serious concerns arise about the adequacy of a report in terms of insufficient information, evidence, or analysis, the panel member may express that they are not in a position to make a recommendation and request that the item is deferred. The Chair will gain a view of all members before a decision is made on deferring the item.

If the majority of the Panel consider deferring the case, each member will be asked to clarify their reasons for doing so.

The Chair, Panel Adviser and Minute taker will then leave the meeting and invite the applicants into a waiting room. Here the Chair and Panel Advisor will explain briefly to the applicants/carers and supervising social worker and manager (if present) that the item has been deferred for further information to be obtained.

There may be some occasions when, prior to the Panel deciding to defer an item, members may wish to try to clarify certain queries or issues with the supervising social worker and their manager within the Panel meeting.

On such occasions, prior to this discussion, The Panel Adviser ask the supervising social worker and/or manager to join the meeting.

The Panel Advisor will keep track of time and update/ inform the applicants/ Foster Carers that some points need to be clarified before considering if panel are able to invite them in to hear the item.

If the verbal responses the supervising social worker and manager give to the Panel's queries are sufficient to fully answer the concerns raised, the Panel Advisor will then invite the applicants/ carers into the panel.

The minutes will include any advice to agency re: the report.

The panel will require the following reports to be submitted with regard to submissions it considers;

Approvals - Foster Carers (Mainstream & Connected Persons)

Prospective Foster Carers Report (Form F) or Connected Persons Assessment - with reference interviews/analysis attached. The interviews should be 1 separate document which contains the assessors overview and analysis of the review interviews conducted. The reference report should include separate headings for Previous Partners/ Adult Children/ Birth Children/ Employment/ Personal references Education etc. (see Appendix 1: Analysis of Reference).

Please see Assessment and Approvals of Foster Carers Procedure, References for further advice relating to any risks or wavering of reference checks.

If references have not been returned, please provide evidence of attempting to further obtain these were deemed acceptable.

• Any confidential references or reports should be headed under a separate Confidential Section (The Fostering Minutes will then provide a separate section for any discussion relating to this report);
• Medical Adviser Comments;
• Our Family leaflet (mainstream only);
• Any direct work completed with birth children and Children Looked After (in the case of Connected persons).

Evidence of the National Minimum Standards met and/or not met/ partially met is essential and should be explicit within the assessment report.

Evidence that the applicants have seen and signed the assessment report.

Verifying of identity checks

Birth Certificate and marriage certificates must be verified, if applicants do not have access to these, at the earliest opportunity replacement documents must be requested and secured in order for full verification of identity. The Local Authority can request these documents if the prospective carers are unable to do so without significant delay.

Statutory Checks required prior to Panel Consideration:

• GP Medical and Medical Adviser Comments;
• All household members over the age of 18 must have a DBS which has been completed by Cumberland Council as part of the Stage 1 checks.

Please note that this includes any members living on foster carers property.

DBS of Household Members

The following should be considered in the cases of members living on the foster carers property:

Family members or those living on the property, who may move freely within the main foster carer's house.

If the property is rented out privately to a non household considered member or as a holiday let then a risk assessment would need to be completed about the level of interaction/separation and then consider whether DBS is necessary.

DBS where applicant is unable to provide consent to check

When a DBS applicant is able to consent to a check, but unable to provide a conventional signature, a facility exists to allow them to make a cross or leave an impression of their fingerprint on the disclosure form, provided that this is witnessed by the person responsible for validating the identity of the applicant. The application must then be accompanied by a covering letter from that person explaining that the applicant was unable to sign his or her name. The cross or impression would then be treated as a valid and legal signature. However, if the DBS applicant is medically incapacitated to the extent that he or she is unable to sign the application form or meaningfully consent to the check, in most cases they would have a nominated person to look after their interests (usually appointed by the Court of Protection). The nominated person would need to provide evidence of their legal standing and could then sign on the applicant's behalf. Alternatively, if the applicant does not have anyone legally appointed to look after their interests, an affidavit could be produced to support the applicant's form.

• In the event the DBS is not clear a DBS Risk Assessment must be signed off by the Assistant Director (Cause for Concern form).

Matches for Permanence in Foster Care

Permanence Matches will only be considered for Long Term Approved Foster Carers. Any applications for Long term approval will need to be considered prior to a permanence match.

• Matching report;
• Support Plan;
• Permanence Panel minutes (agreeing the plan of long term fostering for the child/children);
• Business case agreeing finance if IFA placement;
• Form F (if carer approved less than 5 years ago);
• Last Foster carer review (FCR4);
• Child's Team Manager submission;
• Carer's Team Manager submission;
• If a Recent disruption/ unplanned ending has occurred (within the last 2 years) please submit the minutes and ensure the matching report includes reference to this and learning evidenced;
• If a previous disruption has occurred, ensure this is referred to in the report and learning evidenced.

Please indicate in the report if SGO and or Adoption have been considered/ ruled out.

Evidence that the carers have seen and signed the assessment report.

See: Appendix 2: Permanence in Long Term Foster Care Match Guidance for further good practice information.

Negative Recommendations

As above for Approvals but also evidence of Fostering Network referral should be on file and Panel admin informed if they will be in attendance at panel.

Applicants Withdrawal from Assessment

If a Foster Carer Applicant decides to withdraw from the Fostering Assessment at any point, the Assessment will cease following receipt of their withdrawal correspondence. This should be in a written format and should be placed on file. The Fostering Panel Admin should be notified that this item will no longer be required to be listed at Fostering Panel.

The Fostering Panel will not note this item, this is not required by regulations or guidance.

Brief Reports

If, at some point during stage 2, the agency decides that the applicant is unlikely to be suitable to foster and they do not wish to withdraw, a brief report may be prepared and submitted to panel (see Appendix 3: Addendum for further information).

Fostering Panel have two options when presented with a brief report:

1. We can request the full assessment is completed and presented to the Panel;
2. Or recommend that the applicant is not suitable to be a foster carer.

Please see Assessment and Approvals of Foster Carers Procedure for more information.

A Brief Report should provide a clear negative recommendation that the applicant is not suitable to be approved and the reason why completing the full assessment will not change the outcome or recommendation.

Evidence of the National Minimum Standards met and/or not met/ partially met is essential.

Evidence of Fostering Network referral should be on file and Panel admin informed if they, along with the applicants will be in attendance at panel.

The applicant must be provided with a copy of the brief report and provided with the opportunity to respond and attend the fostering panel, in the same manner and timescales as they would in the event a complete report was being presented to fostering panel. (10 working days ahead of submission to panel)

In all cases of assessment an applicant can waver their rights to have access to the assessment 10 working days before paperwork is submitted to panel but this must be provided in writing by the applicant.

Foster Carer Annual Review

All Foster Carer First Year reviews are required by regulations to be presented to Panel within 12 months of their approval.

Panel/ ADM may request that a first review is returned earlier, please consider the minutes/ decision carefully.

Review Paperwork:

• Team Manager submission;
• Previous Fostering Panel Minutes or Agency Decision (evidence of current approval);
• All FCR documents (FCR 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12).

The First foster carer review should aim to be conducted no later than between 6-9 months after approval to ensure this timescale is met, unless specifically requested for an earlier review.

It is not anticipated that any First Year Statutory Review of Approvals will be missed. In the event that due to exceptional circumstances a Foster Carer Statutory Review of Approval has been overlooked the following review must be presented to panel with a note explaining the reasons that the first year has been missed. This should be countersigned by a manager within the fostering service.

Foster Carer reviews presented at panel require to be presented within 6-8 weeks of the foster carer review occurring.

In exceptional circumstances a review can be heard within 12 weeks of the foster carer review however an Addendum is required providing the following details. Please see Appendix 3: Addendum.

• The reasons why the review is being heard out of the 6-8 weeks' timescale;
• Details of any changes, for example any changes within the fostering household, support network, child's care plan.

Any significant changes following the review, irrespective of the timescale, should be provided in a separate addendum with management oversight. Where applicable, this may also require IRO oversight and updated FCR 6 and 8 contributions.

Retrospective or multiple foster carer reviews will not be considered by the Fostering Panel.

Review following concerns/ allegations

Please ensure that the LADO process has been considered and a referral made if applicable ahead of panel, the outcome of the LADO process must be included in the report. Please also indicate the rationale for the LADO decision and what action plan and conclusion the department has also reached.

Please submit the LADO Minutes which will be considered by the Panel Adviser.

Resignations

• Resignation letter from foster carers;
• Resignation report;
• Resignation Acknowledgement Letter from Team Manager.

Resignations cannot be heard unless formal correspondence via email/letter has been received and dated from the foster carer tendering their resignation.

A Foster Carers approval is terminated with effect from 28 days from receipt of foster carers resignation.

Regulation 25 – Extension Request

• Eight Week Extension Report (via ICS).

Within the report, please include:

• Start Date of Reg 24 Approval and End date; 
• Start date of Requested Reg 25 extension and End Date;
• Is it still in the right arrangement for the child & Why? 
• What remains outstanding? (Be specific)
• Can it be achieved in the additional time? 
• Does the IRO support the plan?

Foster Carer Applications

Fostering Panels are held regularly: 2x monthly but also additional panels are available when the service requires.

Presenting Social Workers must attend panel, accompanied by their managers when appropriate, and present their cases to panel for consideration, unless the prior agreement of the Panel Advisor has been obtained. Foster Carer applicants are under no absolute obligation to attend fostering panel however it is considered an essential part of the process that the Assessing Social Worker and Foster Carer, if a single applicant, or Foster Carers in a joint application do attend.

Connected Persons Applications: The allocated Child's social worker is also required to attend fostering panel in these cases.

Only in exceptional circumstances will the Fostering Panel make a recommendation regarding the suitability if the applicant(s)/ Social Workers do not attend.

Foster Carer Reviews

Foster Carer attendance at Fostering Panel is recommended. It provides a two- way communication about a foster carers progress with any children placed, clarification of issues of concern and consideration of any type of service development.

Fostering Panel acknowledge there may be situations where both foster carers cannot attend fostering panel, we would firstly recommend that consideration is given to obtain another panel date to accommodate the carer. If this is not achievable in some circumstances Fostering Panel will consider items with one foster carer, following discussion with the Panel Adviser/ Chair

In exceptional circumstances following consultation with the Panel Adviser/ Chair the Panel may also consider hearing an item without a foster carer present, although this is inadvisable and should be in exceptional circumstances.

Social Worker attendance is required.

Attendance re: Foster Carer Reviews following concerns

Single Foster Carer: Attendance would be required at Fostering Panel

Joint Foster Carers: Attendance of both carers would be required at Fostering Panel.

Social Worker attendance is required.

Any exceptions will be at the discretion of the Agency Adviser/ Service Manager and Panel Chair.

If an alternative social worker/ manager is attending on behalf of the allocated worker for any of the above items it is essential that they have a thorough understanding of the case to answer any panel queries.

Please alert the Panel Adviser if at short notice there is any changes to attendance at fostering panel so consideration can be given to hearing the item or withdrawing.

There is no requirement for Social Workers to attend Fostering Panel for Regulation 24 extension requests or resignations.

Resignation Following Concerns

The Foster Carers should have the opportunity to attend Fostering Panel should they wish to, when their resignation with concerns is being noted. If Foster Carers attend, as should the Social Worker.

Attendance for Permanence items

Fostering Social Worker, Child Social Worker, Foster Carer(s) will be required to attend fostering panel.

The Child/ Young person who is being considered for Permanence may request to be in some way part of the fostering panel, For Young People this may be attending a part of the fostering panel.

Cumberland Council's Fostering Service wish to promote this attendance in an appropriate way. The Child SW, Fostering SW should liaise with the Panel Advisor/ Admin if attendance is requested by the young person in good time ahead of fostering panel.

Appendix 1: Analysis of Reference

Appendix 2: Permanence in Long Term Foster Care Match Guidance

Appendix 3: Addendum

Appendix 4: Fostering Panel Guidance