View LCP Procedures View LCP Procedures

3.7.1 Fostering and Short Break Panels

AMENDMENTS

This chapter was amended in August 2011 to take account of the Care Planning, Placement and Case Review (England) Regulations and associated Guidance. The changes in the chapter are highlighted for ease of reference. The chapter should be read in its entirety.


Contents

  1. Purpose of Panel
  2. Membership of Panel
  3. Meetings and Attendance
  4. Panel Functioning and Conduct
  5. Applicants
  6. Terminations and Variations of Approval
  7. Representations/Independent Review

1. Purpose of Panel

The Fostering Panel is responsible for:

  1. Making recommendations regarding the suitability and approval,  re-approval of foster carers including Family Friends and Connected Persons including the terms of approval (age range and numbers of children);
  2. Considering all new applications to foster, the first annual foster home review, and subsequent annual foster home reviews on a three yearly basis;
  3. Considering all annual foster home reviews where there is a recommendation to change the terms of approval, or following serious complaints or allegations against foster carers, or major changes in the household;
  4. Making recommendations regarding the termination of approval of foster carers;
  5. Exemptions from the limit to the number of children placed with foster carers;
  6. Making recommendations and giving evidence on other matters as the Chair of Panel considers appropriate;
  7. 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;
  8. 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 Approval of Foster Carers, Short Break Carers and Befrienders Procedure.

The Panel will receive annually 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.


2. Membership of Panel

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 months' notice in writing and reasons for the decision to end their inclusion on the list.The Chair will be appointed by the Designated Manager (Fostering Panel Appointments) and will be a senior manager with responsibility for the fostering service or an independent person. (As from 1st October 2011 an Independent Chair must be appointed).

The Designated Manager must also appoint up to two Vice Chair's, 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 a satisfactory Criminal Records Bureau (CRB) checks before taking up their appointment. These CRB 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 his or her membership, covering the service expectations (including the requirement to report any involvement in criminal proceedings), confidentiality issues and commitment to anti-discriminatory practice.

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 agency and, if so requested, this must be provided by the fostering agency.

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 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).

Resignations From Panel

Panel members are expected to give a minimum of two months written notice, except where 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 and have the opportunity to attend joint training with fostering staff at least annually unless personal emergencies, e.g. accidents, illness, make this impossible.  Resignation letters should be addressed to the Designated Manager (Fostering Panel), with a copy to the Chair of the Panel.

Panel members wishing to withdraw a submitted written resignation, must do so by writing to the Designated Manager (Fostering Panel) who reserves the right not to accept a withdrawal of notice and to allow the original letter of resignation to stand.

Initial verbal resignations may be given, but only at the close of Panel business and should always be followed by a written resignation.  Panel members are asked, as a matter of courtesy, to inform the Chair of the Panel of their intention to resign, before making any public announcement.

Written or verbal resignations should never be used during the course of a Panel meeting or subsequently, as a means to trying to influence the outcome of Panel business.

Panel members are not expected to temporarily withdraw their services, because of disputes/disagreements over Panel practice or policy. Any Panel members taking such action will be deemed to have to have formally resigned with immediate effect, even if no written resignation has been received.

Termination of Appointment of Panel Members

Where the fostering service is of the opinion that any member of the Panel is unsuitable or unable to remain in office, it may terminate the member’s office at any time by giving them written notice with reasons for the decision.

Termination of appointments may come into effect where Panel members are found to be in breach of this protocol.


3. Meetings and Attendance

Meetings

Panel Members are expected to attend the monthly Fostering Panel meeting, to be held the second Tuesday of the month from 10.00am to 01.00pm.  Panel meetings are held in the Meeting Room at 42 York Street, unless advised otherwise.

Additional special meetings will be arranged as necessary by the Fostering Panel Administrator with the Chair’s authority.

The agenda for each meeting is prepared by the Panel Administrator in consultation with the Chair.  The agenda will be sent out to members 5 working days before the meeting by recorded delivery.

Payment for attendance, travel and childminding expenses are paid to Panel members who are independent of the Department.  In exceptional circumstances other expenses may also be payable.

Attendance

Appointed Panel Members are expected to make every effort to attend Panel meetings.

If Panel members are unable to attend, they should inform the Fostering Panel Administrator as soon as possible, to ensure the Panel is quorate.

Failure to attend three consecutive Panel meetings or less than 75% of Panel meetings in one year, may result in the member’s appointment being withdrawn.

Normally no more than two Observers at any one time may attend the Panel Meeting, subject to the prior consent of the Chair.


4. Panel Functioning and Conduct

General Conduct

Panel members should be committed to anti-discriminatory practice and should be prepared to consider each case on its own merits.

Panel members should have read the Panel papers carefully, prior to the Panel meeting and come prepared to contribute to the Panel discussion.

If there re concerns about the conduct or behaviour of a Panel member, this should be conveyed to the Chair who will raise these concerns in private.

If concerns about a Panel member’s conduct or behaviour cannot be resolved informally, the agency will put in writing the concerns and what action it proposes to take.

Confidentiality

All written and verbal information given to Panel members in the course of their duties is strictly confidential.  Panel members are required to agree in writing that all information will remain confidential.

Panel members are expected to keep all written information in a secure place and return all documents relating to cases, to the agency immediately after each Panel meeting.

Panel members must not copy in part or in whole, any documents that relate to a case.

Decision Making

Panel should seek to make a decision by consensus, arrived at in open discussion.  Where consensus cannot be efficiently achieved a vote should be taken with a simple majority needed to confirm the recommendation.  All Panel members votes are of equal weight.

Any dissensions or objections to the Panel recommendation should be recorded in the Panel Minute.  However, panel members are not permitted to abstain from voting, as and when this is required.

When making recommendations the panel may also put forward recommendations about how it would wish its recommendations to be carried out.

In considering recommendations Panel members must be satisfied they have sufficient information to make such a decision and if necessary the item should be deferred with specific instructions given about the additional information/assessment required.  This should be completed by the next Panel.

Prior Information

If a Panel member has some knowledge of a case, whether in a personal or professional capacity, they should declare an interest and inform the Chair of the Panel.  This should be done at the earliest opportunity, to ensure the Panel is quorate.  Failure to comply may result in the member’s appointment being withdrawn.

Where Panel members have declared a previous knowledge they should not introduce new information in the Panel discussion, that is not previously addressed in the reports to Panel, without the applicants and the assessing social worker having the opportunity to clarify and respond to such new information.  Where a Panel member is aware of the need to introduce additional, new information, this should be raised with the Fostering Professional Adviser and/or Chair in advance of the Panel Meeting, to allow adequate presentation and consideration by all relevant parties.  The Panel will give consideration to deferring consideration of the agenda item if the applicants are not present to respond to new information or concerns.

Minutes

The Fostering Panel Administrator will produce a written minute of the Panel meeting.  This will reflect questions asked by those attending Panel, Panel’s recommendations, terms of approval and reasons for them, as well as any objections or dissent to recommendations.  This minute should be ratified as an accurate account at the next Panel Meeting and the Chair will then sign a copy of the minutes as an accurate record to be kept by the Agency.

For each application or annual review, the Panel Administrator will produce a written note stating the applicants name(s), the Panel’s recommendation and recommend terms of approval.  This will be signed by the Panel Chair and passed to the Designated Manager (Foster Care Approval), with a copy of the relevant minute, within two weeks.  The Designated Manager (Foster Care Approval) will then confirm the decision on the supplied note.  If the Designated Manager (Foster Care Approval) arrives at any decision that differs from the Panel recommendation, this information and the reasons for it should be fed back to the next Fostering Panel meeting.

Agency Decision Maker

The Designated Manager (Foster Care Approval) is the agency decision maker. To promote effective working arrangements between the Fostering Panel and the Designated Manager (Foster Care Approval), the Chair will meet with the Designated Manager (Foster Care Approval), on a six monthly frequency, to review the overall recommendations and decision making of the Panel and consider any quality assurance issues arising from the Panel’s work.


5. Applicants

Reports

Applicants and foster carers have a right to see panel reports at least 7 days before the Panel dates and to make comments about the reports.  Matters of factual accuracy will be corrected before the report is considered by Panel.  Where there are differences of opinion, the applicants may make their comments in writing and these will be presented to Panel together with the other reports.  Applicants attending Panel be provided with a copy of all the reports including their written comments.

Comments by personal referees and other third party information will not be given to the applicants and must not be disclosed at Panel, without the prior permission of the person(s) supplying the information.

Attendance at Panel

The Panel welcomes and supports applicants and foster carers right to attend the Panel and be heard.  The Panel wishes to encourage applicants and foster carers to attend, but recognises that some applicants will choose not to attend and this will in no way affect fair consideration of their application.

Applicants may bring a supporter with them to Panel meetings.

Informing Applicants

Following the agency decision, applicants will be formally notified in writing of the outcome within an additional further week.  Applicants should receive a copy of the relevant section of the Panel minute as part of this notification.  If applicants are dissatisfied with the decision or terms of approval they should be advised by their social worker of their right to make representations (where appropriate) or their right to complain.


6. Terminations and Variations of Approval

Resignations

A foster carer wishing to cease fostering will give the agency written notice of this.  The carer’s approval will be terminated 28 days from when the notice is received by the agency.  A brief report will come to Fostering Panel for information.

Terminations of Approval

Where the Fostering Team consider that a termination or variation of approval is necessary this will be discussed with the foster carer, and an annual foster home review will usually be arranged.  A report including the views of the foster carers will be presented to the Fostering Panel, who will make recommendations to the Designated Manager (Foster Care Approval).

Where the agency considers that the foster carer and/or their household are no longer suitable to foster, taking into account any recommendations by the Fostering Panel, then they will:

  1. give written notice to the foster carer(s) that it proposes to terminate, or revise the terms of, their approval together with it’s reasons; and
  2. invite them to make written representations within 28 days of the notice.

If no written representations are received within the 28 days the agency will proceed to make it’s decision.

If the foster carers make written representations then the agency will:

  1. refer the matter to the Fostering Panel, accompanied by the written representations and a report from a member of the Fostering Team, for a recommendation of the carers continued suitably to foster; and
  2. the Designated Manager (Foster Care Approval) will make the final decision within two weeks, taking into account any recommendation made by the Fostering Panel.

The applicants should be informed in writing of the final decision within three working days of the decision making, stating as necessary.

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

Copies of any such written notifications must also be sent to any other authority who have a child placed with the foster carer and the area authority if the carer lives outside the London Borough of Richmond Upon Thames.

7. Representations/Independent Review

If a decision is made to refuse an application, the applicant will be forwarded a letter to advise them that if they wishes to challenge the decision they should submit representations within 28 days of the date of the written notice of the decision to Clifford House.

They will also be notified they may exercise the right to apply to the Secretary of State to request a review of the decision by an Independent Review Mechanism Panel.  Any such application must be made in writing within 28 days of the decision and supported by reasons.

If no written representations or notification of a request for a review are received within this period, the decision to refuse the application can be confirmed.

7.1 Review By the Fostering Panel

If written representations are received within the period, arrangements will be made for the reports and other documentation to be reconsidered by the Fostering Panel, taking into account the written representations, and make a new recommendation to the Agency Decision Maker.

The applicants will be advised within 7 days of the date of the Panel meeting when they can attend and their written representations will be considered.

In these circumstances, applicants who wish to attend the meeting of the Fostering Panel can arrange for a friend or supporter to accompany them.

After considering the representations, the Panel will make further recommendations either confirming or amending their previous views, which the Agency Decision Maker (Fostering) will consider before a final decision is made.

If the decision remains not to approve the application, the applicants will be informed verbally within 2 working days. Written notice of the final decision, together with reasons, must be sent to the applicant by the Panel Adviser within 7 working days of the Panel meeting. 

The following information should be forwarded to the applicants:

  • Information about the Complaints Procedure must also be sent.
  • A copy of the report to the Panel, the Panel's recommendation and the decision, with reasons, must be retained on the applicant's case file;
  • Information about the Independent Review Mechanism

7.2 The Independent Review Mechanism

For more information about the Independent Review Mechanism (IRM), click on the link, to go to the IRM website.

If the applicant decides to refer the matter to an Independent Review Mechanism, the relevant Panel reports, any new information obtained since the Panel meeting, a record of the decision made and reasons, a copy of the written notification of the decision and a copy of the Panel minute, if different, will be sent to the Independent Review within 10 working days of their written request.

The procedure for the Independent Review is carried out by BAAF; the applicant and two representatives of the fostering agency will be invited to attend the Independent Review.

After considering the representations, the Independent Review may make a recommendation, which the Agency Decision Maker will consider before a final decision is made.

Written notice of the final decision, together with reasons, must be sent to the applicant within 7 working days of the receipt of the Independent Review recommendation.

End