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DMRIndependent Fostering Agency Procedures Manual

Leadership and Management

Contents

  1. Fitness of Premises for Use as a Fostering Service
  2. Fitness to Provide or Manage the Administration of a Fostering Service
  3. Financial Viability and Changes Affecting Business Continuity
  4. Notice of Absence
  5. Notice of Changes
  6. Notification of Offences

1. Fitness of Premises for Use as a Fostering Service

The Agency's premises and administrative systems are suitable to enable it to meet the objectives of its Statement of Purpose.

There are efficient and robust administrative systems, including IT and communication systems, and the premises have:

  1. Facilities for the secure retention of records;
  2. Appropriate measures to safeguard IT systems;
  3. An appropriate security system;
  4. Suitable buildings and contents insurance.

The Agency has a Business Continuity Plan, which staff understand and can access, which includes both provision of premises and safeguarding/back up of records.

2. Fitness to Provide or Manage the Administration of a Fostering Service

2.1 Overview

The fostering Agency is managed ethically, effectively and efficiently, delivering a service which meets the needs of its users. See also: Monitoring and Review Procedure.

Management of the Agency ensures that all staff's work and all fostering activity is consistent with the Fostering Services (England) Regulations 2011 and the Fostering National Minimum Standards, and with the Agency's policies and procedures.

Staff, volunteers and foster carers have access to all the Agency's procedures via the online procedures manual, and have a copy of:

  1. The policies and working practices in respect of grievances and disciplinary matters;
  2. Details of the services offered;
  3. The equal opportunities policy;
  4. Health and safety procedures.

The Agency ensures that managers, staff, volunteers and foster carers are clear about their roles and responsibilities, and that the level of delegation and responsibility of the manager, and the lines of accountability, are clearly defined. Clear arrangements are in place to identify the person in charge when the registered manager is absent.

The registered person ensures that copies of inspection reports by Ofsted are made available to all members of staff, to their foster carers, children fostered by the service and their parents/carers, and, on request, to the responsible, or where different placing, authorities of existing foster children or those considering placing a child through the service.

Information is provided to commissioners of services as part of tendering. This includes:

  1. Charges for each of its services;
  2. Statements of the amounts paid to foster carers (separated by fee and allowance); and
  3. Any amounts paid for other services e.g. health and education.

The Agency has a written procedure on considering and responding to representations and complaints in accordance with legal requirements and relevant statutory guidance – see Complaints Procedure.

2.2 Fitness of Persons

The fostering service is provided and managed by persons who are suitable to work with children and have the appropriate skills, experience and qualifications to deliver an efficient and effective service.

People involved in carrying on and managing the fostering service:

  1. Have good knowledge and experience of law and practice relating to looked after children;
  2. Have business and management skills to manage the work efficiently and effectively; and
  3. Have financial expertise to ensure that the fostering service is run on a sound financial basis and in a professional manner.

The registered provider must appoint an individual to manage the fostering agency and notify Ofsted of the name of that manager and the date of their appointment.

Ofsted Guidance - Social Care Common Inspection Framework: Independent Fostering Agencies provides that the failure to appoint a manager after 26 weeks where there is no or limited evidence of attempts to recruit/appoint, will usually lead to an inadequate judgement for leadership but never more than requires improvement. Also, the overall judgement is unlikely to be better than good.

If a manager fails to apply to be registered, once appointed for more than 12 weeks, then the judgement for leadership and management will usually be inadequate.

The responsibilities and duties of the manager, and to whom they are accountable, are clear and understood by them. The manager is notified in writing of any change in the person to whom they are accountable. The manager exercises effective leadership of the staff and operation, such that the fostering service is organised, managed and staffed in a manner that delivers the best possible child care that meets the individual needs of each fostered child and of foster carers.

The responsible individual responsible for supervising the management of the fostering agency is fit to do so:

  • Is of integrity and good character;
  • Is physically and mentally fit to carry on the fostering agency;
  • Has not been adjudged bankrupt or made a composition arrangement with their creditors; and
  • Full and satisfactory information is available in relation to the person in respect of each of the matters specified in Schedule 1 Fostering Services (England) Regulations 2011:
    1. Proof of identity including a recent photograph;
    2. A DBS check at the appropriate level;
    3. Two written references, including a reference from the person's most recent employer, if any;
    4. Where a person has previously worked in a position whose duties involved work with children or vulnerable adults verification, so far as reasonably practicable, of the reason why the employment or position ended;
    5. Documentary evidence of any relevant qualification;
    6. A full employment history, together with a satisfactory written explanation of any gaps in employment.

The registered provider and the registered manager will, having regard to:

  • The size of the fostering agency, its statement of purpose, and the numbers and needs of the children placed by the fostering agency; and
  • The need to safeguard and promote the welfare of the children placed by the fostering agency;
  • Carry on or manage the fostering agency with sufficient care, competence and skill.

The responsible person and the registered manager will undertake, from time to time, such training as is appropriate to ensure that they have the experience and skills necessary for carrying on/managing the fostering agency.

The registered person has:

  1. A recognised social work qualification or a professional qualification relevant to working with children at the required level;
  2. A qualification in management at the required level;
  3. At least two years' experience relevant to fostering within the last five years; and
  4. At least one years' experience supervising and managing professional staff.

Appointees to the role of registered manager who do not have the management qualification (above) must enrol on a management training course within six months, and obtain a relevant management qualification within three years, of their appointment.

3. Financial Viability and Changes Affecting Business Continuity

The business of the Agency will be conducted in such a manner as is likely to ensure that it will be financially viable for the purpose of achieving the aims and objectives set out in its Statement of Purpose.

The registered person will:

  • Ensure that adequate accounts are maintained and kept up to date;
  • Supply a copy of the accounts, if requested to do so, to Ofsted;
  • Provide Ofsted with information requested for the purpose of considering the financial viability of the fostering agency, including:
    • The annual accounts of the fostering agency, certified by an accountant;
    • A reference from a bank expressing an opinion as to the registered provider's financial standing;
    • Information as to the financing and financial resources of the fostering agency;
    • Where applicable, information as to any of its associated companies; and
    • A certificate of insurance in respect of liability in relation to death, injury, public liability, damage or other loss.

The Agency has a written Development Plan, reviewed annually, for the future of the service, either identifying any planned changes in the operation or resources of the service, or confirming the continuation of the service's current operation and resource.

Where the Agency, for any reason, cannot adequately and consistently maintain provision which complies with the Fostering Regulations or National Minimum Standards, an effective plan must be established and implemented either to rectify the situation or to close down the service.

The registered person must notify Ofsted, the responsible authority and, where different, the placing authority, if closure of the service or substantial change to the service significantly affecting the care, welfare or placement of children, is likely or actively being considered. The registered person should work with the responsible authority/placing authority to ensure as smooth a transition for children and foster carers as possible.

4. Notice of Absence

Where the registered manager proposes to be absent from the fostering Agency for a continuous period of 28 days or more, the registered person must give notice in writing to Ofsted of the proposed absence.

Except in the case of an emergency, the notice must be given no later than one month before the proposed absence is to start, or within such shorter period as may be agreed with Ofsted, and the notice must specify:

  1. The length or expected length of the proposed absence;
  2. The reason for the proposed absence;
  3. The arrangements which have been made for the running of the fostering agency during that absence;
  4. The name, address and qualifications of the person who will be responsible for the fostering agency during the absence; and
  5. The arrangements that have been made or are proposed to be made for appointing another person to manage the fostering agency during the absence, including the proposed date by which the appointment is to start.

Where the absence arises as a result of an emergency, the registered person must give notice of the absence within one week of its occurrence.

Where the registered manager has been absent from the fostering agency for a continuous period of 28 days or more, and Ofsted has not been given notice of the absence, the registered person must without delay give notice in writing to Ofsted.

The registered person must notify Ofsted of the return to duty of the registered manager not later than 7 days after the date of return.

5. Notice of Changes

The registered person must give notice in writing to Ofsted without delay if any of the following events takes place or is proposed to take place:

  • A person other than the registered person carries on or manages the fostering agency;
  • A person ceases to carry on or manage the fostering agency;
  • The registered provider change their name;
  • There is to be any change in the identity of the responsible individual, or there is any change of director, manager, secretary or other similar officer;
  • The registered provider has a trustee in bankruptcy, receiver, manager, liquidator or provisional liquidator appointed;
  • The death of the registered manager.

6. Notification of Offences

Where the registered person or the responsible individual is convicted of any criminal offence, that person must without delay give notice in writing to Ofsted of:

  1. The date and place of the conviction;
  2. The offence of which they were convicted; and
  3. The penalty imposed on them in respect of the offence.