Fostering Panel
REGULATIONS AND STANDARDS
The Fostering Services (England) Regulations 2011
Fostering Services: National Minimum Standards:
STANDARD 14 - Fostering Panels and the fostering service's decision-maker
SCOPE OF THIS CHAPTER
This chapter explains the membership, purpose, functions and arrangements for meetings of the Fostering Panel.
RELATED CHAPTERS
Recruitment, Assessment and Approval of Foster Carers Procedure
Exemptions and Extensions Procedure
Persons Disqualified from Fostering Procedure
Review and Termination of Approval of Foster Carers Procedure
AMENDMENT
In May 2022 this chapter was updated to reflect local guidance.
Contents
- Membership
- Panel Meeting
- Purpose and Function
- Conduct of Panel Business
- Conflicts of Interest
- Agency Decision Maker
- Resignations and Termination of Approval of Foster Carers
1. Membership
The Fostering Panel has a crucial role in the provision and monitoring of foster care for children and young people. The making of decisions about approval, the terms of approval and assessing the continuing suitability of foster carers to meet the needs of children is a central task focused on ensuring the child's welfare is paramount.
Community Foster Care welcomes applications to foster from people from all backgrounds.
The membership of the Fostering Panel is drawn from a Central List of suitably qualified and experienced people, who come from a variety of backgrounds. CFC will ensure that the Fostering Panel has sufficient members and the Panel Advisor will keep the Central List under review. There is no fixed Panel membership or maximum number of members. However there is a quorum for meetings - see Section 2, Panel Meeting.
The Central List must include at least one social worker who has at least 3 years relevant post qualifying experience. The social worker can be an employee (but if this is the case they should not be involved as a Panel member in matters that they have an involvement in).
The Central List must also include some who are independent of the Agency and people with experience of fostering, and those with knowledge of health, education and other relevant skills. Independent members of the Central List cannot be either foster carers or employees of the Agency.
The Panel chair will be one of the independent members. The Panel chair should be able to demonstrate a sound understanding of the fostering process; have the authority and competence to chair the meetings; and have the ability to be able to analyse and explain complex information. They are also required to be able to identify key issues, problems and solutions and have excellent interpersonal, oral and written communication skills.
The Agency Decision Maker or Panel Advisor in conjunction with the panel chair must also appoint one or two Vice chairs, whose role is to take charge of the Panel when the chair is unavailable.
The same members do not have to attend all Panel meetings. However, the Panel should have a core group of members who regularly attend.
All members of the Central List must have been the subjects of satisfactory Disclosure and Barring Service checks before taking up their appointment. Personal and work references will also be obtained in writing and verified by phone and must be satisfactory. A Panel member will not be able to join Panel until these requirements have been satisfactorily completed. The DBS checks will be renewed every 3 years.
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 of the List, covering the agency expectations (including the requirement to report any involvement in criminal proceedings), confidentiality issues and commitment to anti-discriminatory practice.
All members will be required to attend at least one Panel meeting as an observer before taking up their membership and to attend induction training, which they must complete within 10 weeks of being appointed to the Central List.
Members must also have access to appropriate training and skills development and have the opportunity to attend joint training with fostering staff at least annually.
The Chair and Panel Adviser will conduct an annual appraisal of each member. The appraisal of the chair will be conducted by the Agency Decision Maker, assisted by the Panel Advisor and based upon:
- Feedback from presenting social workers;
- Feedback from prospective carers attending Panel;
- Feedback from the Panel Members
- Observation of the Chair at Panel
A copy of the performance review will be given to each Panel Member and to Panel Chair and a copy filed on the Panel Member’s personal file held by the Agency.
Members of the Central List who no longer wish to fulfil the role need to give one month's written notice of their intention to leave
Where there are concerns about a Panel member's behaviour or performance either inside or outside the meetings, this will raised by the chair with the Agency Decision Maker or Panel Advisor and discussions will include the Registered Manager. This should be raised in a timely and appropriate way with the Panel Member with consideration as to whether there are suitable options to address this, possibly through advice and training. If however the Panel Member's performance and conduct continues to fall below the standard required, consideration will be given as to whether to end the appointment. If so, they will be advised in writing giving one month's notice, together with clear reasons for the decision.
2. Panel Meeting
2.1 Panel
The quorum of Fostering Panel meetings is 5 (all of whom must be from the Central List).
- One of whom must be the chair or, in the chair's absence, Vice chair. (If the meeting is conducted by a Vice chair who is not an independent member, there must be at least one other independent member on the Panel);
- A social worker; with 3 years relevant post-qualifying experience; and
- Three other members. The chair should ensure that there are not so many people attending the meeting that it cannot fulfil its functions or intimidate applicants or foster carers.
The Fostering Panel meets on a regular basis as required by the agency.
The Panel Administrator, with the chair's authority, will arrange additional special meetings as necessary.
The Fostering Panel must have access to medical and legal advice when this is required but there is not a necessity for the people providing this advice to be Panel members or for them to contribute to Panel in person.
The Panel Administrator in consultation with the Chair prepares the agenda for each meeting and sends out the agenda to Panel members before the meeting. Panel members must have the all the papers (including assessment reports and reviews) five working days before the Panel meets. These will be provided electronically within the Agency’s own secure system. Panel members must have their own device to enable them to read the assessments and reviews securely. The Panel Administrator will inform panel members when all the papers are ready to view. Members will be provided with an evaluation form for completion prior to Panel, in each case where the member should record their observations from reading the papers, this will include:
- Identified strengths and vulnerabilities;
- Comments as to the quality of the report/papers;
- Any gaps in the information provided and any areas of concern;
- Any questions to be asked by the Panel.
This form should then be returned, via the Panel Administrator to the Panel Chair, the day before Panel for their consideration and review.
Applicants will be invited to attend the Fostering Panel with a supporter if they so wish. Whilst there is no requirement for the applicant/carer to attend panel – they will be strongly encouraged to do so, all applicants will be prepared and supported to enable their attendance. Applicant’s will be provided with an information booklet prior to panel.
The chair's role is to ensure that all members participate fully and meaningfully in the meetings (unless an interest has been declared), 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. In reaching a recommendation, Panel members must have considered all available medical, legal and personal information
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. In the event of disagreement between Panel members, the Chair will consider whether the Panel should go ahead and make a recommendation on the majority view. In this situation, any dissenting view should be fully recorded in the minutes for consideration by the Agency Decision.
The Panel Chair will inform applicants of panel’s recommendation and their reasons immediately following their discussion and prior to Panel’s consideration of other agenda items. The discussion will take place with the applicant’s outside of the Panel meeting and will include the Panel administrator to enable minutes to be taken.
They must be advised that this is a recommendation which is to be considered by the Agency Decision Maker
At the end of meetings, the Panel Administrator will remove permissions from the electronic files and panel members will no longer have access to the Panel papers.
The Panel Administrator will prepare the minutes in which the discussion by Panel members, the reasons for recommendations and any disagreements or dissent will be fully recorded. Panel minutes will be prepared within 2 working days of the Panel meeting. S/he will send the minutes to the chair and Panel members for their consideration, (panel members will confirm sight of these and provide any comments as to the content within 48 hours). The chair will give their final approval for accuracy prior to submission to the Agency Decision Maker. The decision will be made within 7 working days of the final set of panel minutes being received.
The Panel Administrator will also ensure that applicants, foster carers and social workers are notified in writing of Panel recommendations, as well as the ADM's decision with reasons within 5 working days and provide social workers with a copy of the relevant minutes.
The Panel Administrator will ensure the ADM decisions and any actions are available for those involved panel members to view using the electronic file system. Accessibility will be time limited.
Panel members will be paid in line with the Community Foster Care's policy.
3. Purpose and Function
The Community Foster Care will operate one Panel across the Agency which conforms to the Fostering Services (England) Regulations 2011 and 2013 (23&24) and NMS 2011 (14).
Fostering Panels are multi-disciplinary bodies that can act with independence from Community Foster Care.
The Panel cannot make decisions; its purpose is to advise the agency in relation to the issues listed below.
As part of this function, the Panel oversees the conduct of assessments carried out by the fostering service, advises on any relevant matters in relation to the fostering service and makes recommendations to the Agency Decision Maker about quality issues and performance standards.
In particular, the Panel makes recommendations as to the following:
- The suitability of applicants to act as foster carers, and if approval is recommended, the terms on which they should be approved (e.g. number and age of children to be placed);
- The continued suitability of the foster carers and whether the terms of approval remain appropriate (after the first review and any subsequent reviews referred to it by the fostering service where significant changes or termination of approval are recommended);
- Any other matters or cases referred to the Panel by the fostering service.
Undertake a quality assurance role in relation to the assessment process, provide feedback, identify issues and patterns.
In addition, the Panel will receive information about exemptions to the limit on the number of children placed with foster carers and extensions to foster carer's terms of approval as set out in the Exemptions and Extensions Procedure.
The Panel will also receive and consider any representations challenging a decision not to approve an applicant as suitable, or a decision to terminate or revise the terms of a foster carer's approval - see Recruitment, Assessment and Approval of Foster Carers Procedure, Representations/Independent Review Procedure.
The Panel will receive annually the fostering service manager's annual report (supported by the Panel Advisor) 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. This report will include reflections on the past year from the ADM and also the Panel Chair; the content of the report will be signed off and agreed by the fostering service manager (RM), Panel Advisor, ADM, Panel Chair and Responsible Individual.
The chair, ADM, Responsible Individual and Registered Manager will communicate any issues of concern and take part in regular meetings with him or her and the vice chair/s to review the Panel's functioning and report on the quality of work being presented to Panel, to ensure good standards are maintained.
4. Conduct of Panel Business
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.
At the panel meeting the panel will ask relevant open questions of the social workers and applicants that they feel appropriate to clarify any aspects of the assessment that in their view needs further discussion. Oppressive and discriminatory language or behaviour is not acceptable.
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 Chair will summarise the points arisen from the discussion, invite Panel members to ask any other matters which may need further clarification. 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 does 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 advise the applicant of the Panel's recommendations and their reasons immediately following their discussion and prior to panel’s consideration of the next agenda item. The panel administrator will be present when applicants are informed to take minutes of the discussion.5. Conflicts of Interest
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.
6. 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.
At the panel meeting the panel will ask relevant open questions of the social workers and applicants that they feel appropriate to clarify any aspects of the assessment that in their view needs further discussion. Oppressive and discriminatory language or behaviour is not acceptable.
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 Chair will summarise the points arisen from the discussion, invite Panel members to ask any other matters which may need further clarification. 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 does 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 advise the applicant of the Panel's recommendations and their reasons immediately following their discussion and prior to panel’s consideration of the next agenda item. The panel administrator will be present when applicants are informed to take minutes of the discussion.7. Resignations and Termination of Approval of Foster Carers
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.