Exemptions and Extensions/Variations to Foster Carer Approval

1. Usual Fostering Limit on Number of Children

A person may not foster more than three children in each foster home except where all the children are siblings.

In all other circumstances, foster carers may only exceed this number if an exemption has been agreed.

The Fostering Regulations require that for an exemption to be granted, a foster carer's terms of approval should allow them to care for more than three children, unless the children are outside the terms of approval and are being placed in an emergency for less than six working days.

If a placement is made outside of a foster carer's terms of approval, the placement must be terminated after 6 working days or the foster carers' terms of approval must be changed by review.

2. Reasons why an Exemption may be Considered

Applications for an exemption will usually be made because of the following exceptional circumstances:

1. The child concerned was previously placed with the foster carers and his or her placement elsewhere has disrupted;
2. The foster carers have special skills to meet the child's needs which are not available elsewhere;
3. The placement of the child over the limit is the most appropriate way of meeting the child's needs arising from disability, race, religion, language and/or culture;
4. The placement is required to keep siblings together.

Applications can only be made with the agreement of the foster carers concerned. When considering an exemption the following factors should be regarded.

1. The number, ages and circumstances of the children concerned;
2. The arrangements proposed for the care and accommodation of the children concerned;
3. The relationship between the foster carers and the children concerned;
4. The period of time over which the placement is likely to last;
5. The likely effect on the children concerned and any other children living in the household;
6. The foster carers' capacity to provide sufficient care for all the children in the placement;
7. The need to safeguard and promote the welfare of the fostered children / young people and any other children / young people who live in the foster home.

3. The Process for Exemptions

3.1 Planned Exemptions

The need for an exemption will be identified at the point when the duty fostering social worker is seeking to identify a suitable placement for a child or children.

Where a foster carer is identified as the most appropriate option to meet the child's needs, and this is agreed by the supervising social worker for the carers and the foster carer, the duty social worker should consult with the manager and if agreed prepare an application for an exemption.

The social worker(s) to any other child in the placement should also be consulted in order to seek their views on any impact (positive or negative) from a further placement commencing.

All applications for planned exemption for foster carers living in the local authority area must be made in writing, supported by reasons, to the Designated Manager (Exemptions and Extensions from Fostering Limit) for approval. Where the foster carers live in a different local authority area, the application must be made to the Nominated Manager for that local authority. The written application will be prepared by the supervising social worker for the foster carers in conjunction with the relevant child's social worker.

The decision whether or not to grant an exemption will be recorded in writing, together with reasons. Any exemption will be specific to a named child or children and can be subject to conditions. The foster carer will be notified in writing of the decision.

Upon the granting of an exemption, a time limit will be specified and an exemption can only extend beyond that date if the Designated Manager for the relevant local authority area authorises it.

The decision must be recorded.

The decision will be reported to the next available Fostering Panel for ratification.

3.2 Emergency Exemptions

The emergency and interim approval can only be given by the local authority for the area where the foster carers reside. Depending on the local authority involved, there may be arrangements in place for a Duty Manager within the local authority to agree an emergency or interim exemption. If such arrangements exist, an application for an emergency or interim exemption must be made to the relevant manager in line with their procedures. Otherwise an emergency exemption cannot be granted.

If a placement is made outside of a foster carer's terms of approval, the placement must be terminated after 6 working days or the foster carers' terms of approval must be changed by review. See also Review and Termination of Approval of Foster Carers Procedure.

The decision must be recorded. Any decisions to grant an exemption must be confirmed in writing and copies of the decision, together with the reasons, must be placed on the child's file and the foster carer's case record. A copy must also be sent to the foster carer.

4. Review and Monitoring of Exemptions

The Fostering Service is responsible for the ongoing monitoring of the exemption and for recording the ending the exemption when the exemption is no longer required.