Review and Termination of Approval of Foster Carers

1. Purpose and Frequency

Foster Carer Reviews provide a regular opportunity to consider how Foster Carers are developing following their approval. The focus is upon how well Foster Carers are demonstrating a good understanding of children's needs and what skills they are demonstrating in caring for children and demonstrating adherence to Fostering National Standards. Foster Carer Reviews are an opportunity to recognise things that are going well, and areas where further support or training may benefit carers. It is important that Foster Carer Reviews are evidence-based and that feedback from children, Social Workers and other professionals informs reviews. It is vital that Foster Carers have an opportunity to reflect on the past year of fostering in terms of their practice, any challenges faced as well as successful outcomes.

Foster Carer Reviews will be undertaken by a Reviewing Officer (independent of the Fostering Service) who will make recommendations about continued approval/changes to approval as well as identify any actions which need to be completed e.g. updated checks or training courses to be completed.

Formal reviews of Foster Carers will take place at least annually. This is a regulatory requirement under the Fostering Services (England) Regulations 2011. (Reg 28(2). All first year annual reviews must be considered by Fostering panel (Reg 25 (1) C).

Reviews will take place more frequently in the event of a significant change in circumstances of a Foster Carer for example where there are concerns about the care provided by the Foster Carer as a result of a complaint or allegation. First year reviews and contentious and complex reviews will need to be considered by Fostering Panel. Best Practice would support Foster Carers reviews being presented at fostering panel every 3 years. The Agency Decision Maker will have oversight of all other Foster Carer Reviews that do not need to be presented at fostering panel.

2. Preparation and Feedback to Inform the Review

Supervising Social Workers and Foster Carers will have regular supervision sessions and within these sessions will discuss and evaluate how carers are progressing, whether placements made have been appropriate and whether there are additional training or support needs. It is important that supervision sessions inform the Foster Carer Review process, and that examples of things which have gone well as well as challenges are recognised within Reviews.

Supervising Social Worker's need to ensure that all recommendations from the Foster Carer Annual Review are completed and recorded.

As Foster Carer Reviews are evidence based, it is important that feedback is sought from:

• Children who have been cared for by Foster Carers during the year;
• Foster Carers;
• Children's Social Workers;
• Any birth children of the carers who live within the fostering household;
• Other professionals where possible (e.g. Care Team members or IRO);
• The Fostering Service's Learning and Development Manager.

The Fostering Regulations require that feedback is sought from all children placed and from their pacing Social Workers (Fostering Regulation (28(3)(b)(i-iii)).

The Supervising Social Worker will prepare a Review Report in advance of the Annual Review meeting, which will provide an overview of the year and have a recommendation in relation to the carer's terms of approval. Prior to the formal review, the Supervising Social Worker will send to the foster carer a copy of their 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 the Foster Carers and of all members of the Foster Carer's household. Foster Carers will be encouraged to reflect upon their year as carers and to identity strengths as well as challenges and to consider if their current approval needs to change.

The Supervising Social Worker will 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. Children's Questionnaires or other creative ways of gaining children's views will be used to best gain feedback.

Where two people are fostering as a couple, they will have been approved individually but should have been assessed jointly. Therefore, reviews of their suitability must consider the situation of both Foster Carers.

3. Formal Review Meeting

The Foster Carer Review will be informed by a meeting held between the Supervising Social Worker, Reviewing Officer (IRO) and the foster carer/s at their 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, 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 Report 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 prior to the reports being presented to the Fostering Panel (where being presented to panel) or the Agency Decision Maker (Fostering).

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 where required. This may include where changes to the Foster Carer's approval are sought or where the termination of the Foster Carer's approval is recommended or where any circumstances exist which in the opinion of the Agency Decision Maker requires consideration by the Fostering Panel. This may include the situation where an updating Disclosure and Barring Service check reveals a new concern about the Foster Carer or a member of the household.

For Foster Carer Review Meetings there is an expectation that there is accurate information available within the Supervising Social Worker Report in relation to:

• Children placed during the year – and how placements progressed;
• Any changes to household membership or carer's personal circumstances;
• Any changes in relation to carer's health;
• Any concerns or allegations;
• Any support needs;
• Training undertaken by carer/s;
• An evaluation of carer's current approval category and whether any change supported.

The following documentation should be available to inform Foster Carer Reviews:

Whether presented to the fostering panel or not, the documentation considered by the Reviewing Officer (IRO)  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.

There may be circumstances where an urgent change of approval is required as the result of the need to make a placement in an emergency. Care Planning Regulations are clear that a placement of a child which is outside the terms of approval of the Foster Carer can only be made for six working days. If a child is to remain in placement beyond 6 days a change of approval would be required as a matter of urgency. It is important therefore that there is provision to undertake an urgent Foster Carer Review within 6 working days where this is required. However, it is important that any change of approval is considered robustly and there is still appropriate consultation and documentation to inform a decision.

Where the Reviewing Officer/IRO is available and an urgent Review Meeting is feasible this will take place. However, where this will not always be possible within a 6 day timescale and a condensed review format will need to be used.

For a Foster Carer Review being held in these circumstances the Supervising Social. Worker will need to complete a Request for Review and Amendment of Foster Care Approval Report.This report brings togetherthe rationale for the proposed change of approval and evidence that there has been appropriate consultation as required by the Regulations. The Foster Carers must be in agreement with the proposed change in approval and have signed to provide their agreement. There must have been a consideration of any support needs stemming from the proposed amended approval.

The Fostering Regulations require that all Foster Carer Reviews, including any urgent/condensed reviews must seek the views of:

• Foster Carers and household members;
• Children in placement;
• Placing Social Workers;
• Supervising Social Worker;
• It would also be best practice to involve/consult the Fostering Review Officer/IRO.

It is important that written contributions are sought, which can be referred to within the Request for Review and Amendment of Foster Carer Approval Report.

The Fostering Regulations also require that a written Review report is completed as part of the Review, which provides a recommendation in relation to approval.

The completed Review form will be signed by the Fostering Team Manager to indicate their agreement to the proposed amendment to carer approval. The Review Form and supporting statement in relation to support will then be considered by the Agency Decision-maker and an Agency Decision made.

5. After the Fostering Panel/Agency Decision

The Foster Carer will be informed within the Fostering Panel meeting of the Panel's recommendation. The Agency Decision-Maker will consider the Review documentation and Panel's Minutes including recommendations to inform their decision. Foster Carer's will normally receive a written notice (a "Qualifying Determination") which will state the proposed decision and provide the Agency Decision-makers reasons for the decision. This will be sent within 7 days of the Agency Decision-maker having received Panel Minutes. Foster carers must be informed of their right to use the Independent Review Mechanism (IRM) if they do not agree with the qualifying determination.

Where the Review has not gone to Fostering Panel, but directly to the Agency Decision-Maker, there is also normally a requirement as above to provide a written notice (Qualifying Determination).

Following an amendment to the Fostering Regulations in 2013 there is an option which allows, (subject to the foster carer's agreement), for changes of terms of approval to come into effect immediately once the decision maker agreeing the changes (Regulation 28(7) (aa)).

In these circumstances the fostering service must provide a statement to the Foster Carer Review setting out whether they consider that the foster carer or household members have additional support needs as a result of the proposed changes to the terms of approval and, if so, how those needs will be met. The Foster Carer must give their agreement in writing to the proposed change. By doing so the Foster Carer waives their right to make representations against the decision. 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.

Both the statement from the fostering service and the carer's written agreement to the proposed change must be considered by the decision maker, along with the Foster Carer Review report before making the decision.

Foster Carers must not be pressured to accept changes in this way to their terms of approval where they have reservations and would wish to challenge a decision.

A copy of the Review Form and a record of the outcome of the review will be retained on the Foster Carer's record.

6. Proposal to Terminate Foster Carer's Approval

Where, as a result of a Foster Carer 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, 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, Representations / Independent Review Procedure.

Notification/representations/ will need to be received by the Panel Administrator within 28 days of the date of the notice of the decision being sent to them. 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 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 by the Agency Decision-maker.

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 Agency 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 for inclusion of the carer's name on the Children's Barred List.

7. Updates on DBS Checks

Disclosure and Barring Service checks should be updated every 3 years 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

Whilst there is no statutory time interval, as good practice medical information should also be updated at least every 3 years by writing to the Foster Carer's 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. 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 Approvals of Foster Carers Procedure. There is no requirement for the Fostering Panel to be notified of resignations, this is useful however as part of panel’s monitoring role. However where Foster Carers have resigned when allegations have been made and there are safeguarding concerns in relation to their practice, Panel will receive information in relation to the concerns and will be able to make comment in relation to any learning and whether (if the carer had not resigned) there is a likelihood that the carer would have been deregistered.