Berkshire Safeguarding Children Board Procedures
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6.2.10 Review and Termination of Approval of Foster Carers

SCOPE OF THIS CHAPTER

This chapter covers review, procedure and updating checks on Foster Carers and the termination process.

RELEVANT CHAPTERS LEGISLATION / GUIDANCE

Disclosure and Barring Service (DBS)

Proposal to Revise the Terms of the Foster Carer’s Approval

Proposal to Terminate Foster Carer’s Approval

Assessment and Approvals of Foster Carers Procedure, Representation / Independent Review Procedure

 Persons Disqualified from Fostering Procedure.

AMENDMENT

In January 2017 this chapter was revised and updated throughout and should be re-read in full.

Contents

  1. Frequency
  2. Consultation with Foster Carer Before the Review
  3. Formal Review Meeting
  4. Presentation to the Fostering Panel or Agency Decision Maker
  5. After the Fostering Panel
  6. Representations/Review Procedure
  7. Updates on Checks
  8. Review of Health and Safety Assessment
  9. Resignation by Foster Carers


1. Frequency

Formal reviews of foster carers will take place at least annually.

Reviews will take place more frequently in the following circumstances:

  • In the event of a significant change in circumstances of a foster carer or member of their household;
  • Where there are concerns about the care provided by the foster carer as a result of a complaint or allegation;
  • Where there is a need to alter the terms of the carer's approval;
  • Where it is proposed to terminate the carer's approval.

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


2. Consultation with Foster Carer Before the Review

Prior to the formal review, the Supervising social worker  will send to the foster carer a copy of the review report to enable them to prepare for the review in advance. The foster carer will have the opportunity to communicate his or her views verbally or in writing to the supervising social worker.

The supervising social  worker 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 as to the foster carer from all social workers who have used the foster carer for a placement since the last formal review as recorded on the social worker's end of placement report.

Subject to age and understanding the supervising social worker 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.


3. Formal Review Meeting

The review will be informed by a meeting held between the supervising worker and the foster carer and be chaired by the independent Reviewing Officer for foster carers, at the foster home. At the review meeting, 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, how the foster carers are meeting the TSDS (Training, Support and Development Standards), and progressing in relation to their Personal Development Plan (PDP), 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 and any recommendations discussed with the foster carer and recorded. The foster carer should 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) when the Review Form is considered.


4. Presentation to the Fostering Panel or Agency Decision Maker

A report must be presented to the Fostering Panel on the foster carer's first review, for a recommendation and thereafter may be presented to the fostering panel. 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 Agency Decision Maker require consideration by the Fostering Panel including a review following a standards of care or allegation made. This may also include the situation where an updating Disclosure and Barring Service (DBS) check reveals a new concern about the foster carer or a member of the household.

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.

Where it is proposed to only revise the terms of the foster carer's approval, the matter does not need to be presented to the Fostering Panel (see Section 6.2, Proposal to Revise the Terms of the Foster Carer’s Approval).

The Supervising Social worker will present the review findings and recommendations 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 family and any report provided by a social worker 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.

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, this should be recorded formally by the Fostering 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. A copy of the notice must be sent to the responsible authority for any child placed with the carer and the area authority which the foster carer lives.


5. After the Fostering Panel

The foster carer will be informed in writing by the Fostering Service 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.


6. Representations/Review Procedure

6.1 Proposal to Terminate Foster Carer's Approval

Where, as a result of a review, the 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 (qualified determination), 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, Representation / 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 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 notification of a request for a review are received within the period, a final decision to terminate 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) will decide whether to refer the former foster carer to the Disclosure and Barring Service (DBS) 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, 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 will apply.


7. Updates on Checks

Disclosure and Barring Service checks should be updated every 2 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.

See Persons Disqualified from Fostering Procedure.

Medical information should also be updated at least every 2 years by writing to the foster carers 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. Review of the Health and Safety Assessment

A fresh health and safety assessment on the foster carer's home must be completed at the point of every review and attached to the Foster Carers Review Form.

If there are concerns/risks arising from this exercise, these should be fully discussed with the foster carers by the Supervising Social Worker. The weight to be given to specific concerns will need to be considered and if necessary the Supervising Social Worker should ask the carers to take corrective action before the completion of the annual review.

If the Supervising Social Worker continues to feel that there are unacceptable risks to any potential child then these should be discussed with their manager and if not resolved advice must be sought from the Panel and/.or Agency Decision Maker.

If these concerns/risks cannot be addressed to the satisfaction of the supervising Social Worker, the panel or the Agency Decision Maker then consideration will need to be given to terminating the approval of the carer.

Such cases must always be presented to he Panel and Agency Decision Maker must give the carers the opportunity to make further representation.


9. 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.

End