Review and Termination of Approval of Foster Carers
Amendment
This chapter was refreshed in August 2024.
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, change in personal circumstances such as bereavement separation etc.. (and as soon as possible but at least within 6 weeks of the conclusion of any investigation process where a complaint or allegation has been made).
As well as formal reviews, there will be regular dialogue and feedback between the Social Worker Fostering and the foster carer.
Prior to the formal review, the Social Worker Fostering will give the foster carer a copy of the SWF review report and ensure they have received and read all the professional contributions such as child Social Worker, Child IRO, Virtual school reports. This will enable them to prepare for the review in advance. The Social Worker Fostering will meet with the carer to discuss the SWF report. Both actions will take place no later than 2 weeks prior to review. The foster carer will have the opportunity to communicate his or her views verbally or in writing to the Social Worker Fostering, along with completing their contribution form. The foster carer will be reminded of the availability of the independent advice and mediation service. See Fostering Network website. Where in the case of any suggested termination of approval or allegations made against the foster carers, The Fostering Social Worker will check with the Foster Carer as to whether they would wish for a referral for this independent advocacy is required.
The Fostering Network representative can support with the following areas:
- Telephone calls;
- Emails; and
- Home visits.
They will offer emotional support and also important practical support helping the carer to understand the process and procedures, attending the review, including the fostering panel, and helping with any documentation the carer may wish to prepare.
The Social Worker Fostering 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 on the foster carer from all children's Social Workers who have used the foster carer for a placement since the last formal review. This will include contacting a social worker from outside the authority where appropriate. This information will be passed to the IRO conducting the review.
The Independent Reviewing Officer will also seek and take into account the views of any child placed with the foster carer since the last review via the child's social worker.
The Independent Reviewing Officer will convene the foster carers annual or extra ordinary reviews. The review meeting is chaired by an Independent Reviewing Officer. The agenda as set out in the Foster Carer Review Form will include 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 placements made and the care provided by the foster carer.
A Review Form will be completed by the IRO and any recommendations discussed with the foster carer and Social Worker Fostering will be recorded. The foster carer will have the opportunity to put their views on the recommendations in writing to be presented to the Fostering Panel or the Agency Decision Maker (Fostering) (see Documents Library, Appendices) when the Review is considered.
The Foster Carers should have 10 working days prior to the submission of the paperwork to panel to complete any written contributions. Should they be unable to be offered 10 days, Foster Carers can waiver this right however this should be provided in a written format that can be shared with the fostering panel advisor.
Should a Foster Carer also not wish to have any representation of independent advocacy services at the review and/or fostering panel, this should also be provided in writing to the Fostering Panel Advisor.
A report must be presented to the Fostering Panel for a recommendation following the foster carer's first review. Thereafter the review may be presented to the fostering panel at other times. This may include where significant changes to the foster carer's approval or the termination of the foster carer's approval are recommended or where any circumstances exist which in the opinion of the Fostering Service or the Agency Decision Maker require consideration by the Fostering Panel. This may 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. Foster care reviews are routinely returned to panel, after the first year review every three years as good practice.
If there has been a significant change to the foster carers circumstances whether considered by the fostering panel or not, the report will be presented to an Agency Decision Maker for a decision as to whether the foster carer remains suitable to foster and whether the terms of approval remain appropriate. Where it has been presented to the fostering panel, the Agency Decision Maker will take into account the panel's recommendation.
The review findings and recommendations will be presented to the Fostering Panel or Agency Decision Maker in a written report which incorporates the views of the child or children placed, the written views of the foster carer and any report provided by a social worker/children's IRO and school particularly where concerns have been expressed about a placement with the foster carer. Any recommendations for change in the foster carer's approval should be highlighted in the report.
Should there have been any disruption to the placement, the minutes from any sudden endings or disruption meetings should be included as part of the paperwork for panel.
The Foster career will be invited to attend panel. The decision to attend is the Foster careers.
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.
The foster carer will be informed in writing by the fostering 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.
Where, as a result of a review, and the ADM has decided to terminate a foster carer's approval, 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 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 Independent Review Panel will reconsider the matter (see also: Information about the IRM for Foster Carers).
The foster carer will not have the right to request a review by an Independent Review Panel is if they are 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 can be made.
If written representations to Cumberland Fostering Panel are received within the period, the foster carer may request that they reconsider the case; and the matter must be referred back 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 and advocacy. Where a foster carer wishes to make representations in person, the Panel Chair may consider the Panel meeting as a smaller quorate sub-group.
Foster carers will be offered independent support by the Fostering Network. The Fostering Social Worker will arrange this support and make a referral if the Foster carer wants this.
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) 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.
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.
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.
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.
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.
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 Agency Decision Maker cannot 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. 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.
All carers leaving the service will be offered an exit interview, which will be carried out by the Independent Reviewing Officer.
Last Updated: August 12, 2024
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