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4.7.2 Fostering Panel Procedure

AMENDMENT

This procedure was amended in October 2011 to take account of the Fostering Services Regulations 2011 (regulations 23 to 25) and Standard 14 of the National Minimum Standards for Fostering 2011, in particular in relation to the requirement to have a Central List of Panel members, from which Panel members are drawn for each meeting.


Contents

  1. Introduction
  2. Membership of Fostering Panel
  3. Quoracy of Fostering Panel
  4. Functions of Fostering Panel
  5. Meetings of Fostering Panel
  6. The Operation of Fostering Panel
  7. Role of the Fostering Service Manager in Panel
  8. Decision Making
  9. Implementation
  10. Review

    Appendix 1 - Role Profile - Fostering Panel Chair

    Appendix 2 - Role Profile - Fostering Panel Member

    Appendix 2a - Panel Member Skills Profile

    Appendix 2b - Role Profile - Fostering Panel Adviser

    Appendix 3 - Protocol for Members of the Central List of Fostering Panel Members

    Appendix 4 - Assessment Information to be submitted to Panel for Prospective Foster Carers

    Appendix 5 - Panel Members' Assessment Guidance

    Appendix 6 - Independent Review Protocol Guidance

    Appendix 7- Types of Management Information Regularly Reported to Fostering Panel

    Appendix 8 - Booking Fostering Panel, Submitting Reports, Panel recommendations and Agency Decisions

    Appendix 9 - Panel Guidance on Prospective Carers/Approved Carers Attending Panel

    Appendix 10 - Process for Reaching a Recommendation: Prospective Foster Carers

    Appendix 11 - Vetting and Barring: The Role of the Independent Safeguarding Authority

    Appendix 12 - Panel Working Agreement

    Appendix 13 - Code of Conduct


1. Introduction

1.1

Under the Fostering Services Regulations 2011 (Regulations 23 and 24) and Standard 14 of the National Minimum Standards for Fostering 2011 Dudley MBC Directorate of Children's Services as the Fostering Service Provider, operates a multi-disciplinary Fostering Panel. This Panel is made up of participants drawn from a Central List of appropriate representatives whose purpose is to:

  • Act in the best interests of children and young people placed in foster care by the authority; and
  • Promote and safeguard their welfare 1.
1.2 To achieve this, the Fostering Panel must ensure that their recommendations contribute to good quality decisions about the approval of new applicants, the continued approval of foster carers, whether long term fostering is in the best interests of children, and matching children to appropriate long term foster carers. Fostering Panel thereby plays an important quality assurance role in respect of all reports presented to Panel, providing objectivity and having the ability to challenge practice which is assessed as falling short of the Regulations or the NMS, or not to be in the best interests of children (the Children Act 1989 Guidance Volume 4 page 38).
1.3 Panel will provide regular feedback through the Panel Chair to the Fostering Service Agency Decision Maker and Fostering Service Managers on matters arising at Panel and will also contribute to the Annual Report of the Fostering Service.
1.4

Currently the Fostering Panel also provides a quality assurance function in relation to the assessment of private fostering arrangements e.g. monitoring the work of the assessors, providing feedback, identifying problems and ensuring consistency, and a thorough and rigorous approach to such assessments.


2. Membership of Fostering Panel

2.1

The make-up of the Fostering Panel must be compliant with the Fostering Service Regulations 2011 (Regulation 23) and the National Minimum Standards (Standard 14).

Fostering Panel representatives will be drawn from a Central List of individuals considered to be suitable which must include one or more Social Workers who have at least three years relevant post qualifying experience.

2.2 The Central List will consist of a ‘core membership’ whose members will routinely be approached to participate in Panel on a monthly basis thus ensuring consistency and cohesiveness of Panel. The additional members on the Central List may be expected on occasions to attend the main Fostering Panel but primarily they will be expected to attend any additional Fostering Panels scheduled in those months when there is a particularly high volume of work.
2.3 Chair of the Panel will be recruited externally to Dudley MBC to ensure independence. They will be assessed to ensure they have the requisite skills and abilities to undertake chairing of Panel (see Appendix 1 - Role Profile - Fostering Panel Chair).
2.4 A Vice Chair will be nominated from within the Panel membership who will deputise if the Chair is absent or the post vacant.
2.5 The remaining members of Panel will be provided with a clear role profile (see Appendix 2 - Role Profile - Fostering Panel Member and Appendix 2a - Panel Member Skills Profile). Whilst there is no requirement for a fixed level of membership, and no limit on who may be included on the central list, the Dudley’s Fostering Service will ensure that the Fostering Panel has sufficient members, and that individual members have between them the experience and expertise necessary, to effectively discharge the functions of the Fostering Panel (Fostering Services Regulations 2011 Regulation 23(7)).
2.6 Panel members must provide two professional references, telephone enquiries will be made to each referee to verify the written references, and an enhanced statutory CRB check will be sought on all Panel members through the Council’s CRB clearance process (National Minimum Standard 19.2). No Panel member can take up his or her position on panel until the CRB clearance process has been completed.
2.7 Formal letters of appointment will be sent to all Panel members detailing their duties and responsibilities and the expectation that they will be participate in induction and training and abide by the requirements of confidentiality. Panel members will be expected to sign the ‘Working Agreement’ (see Appendix 12 - Panel Working Agreement) to record their acceptance of these expectations.
2.8 There is no regulatory minimum or maximum tenure of office although to ensure the Fostering Service is able to plan and manage turnover without disrupting the business of Panel, it is expected that Fostering Panel members will commit to participation for a minimum period of 18 months. In addition, membership to Panel will be reviewed annually with the Panel member through the appraisal process. Membership on the Central List will also be reviewed on an annual basis.
2.9 Should any member need to voluntarily resign from Fostering Panel, wherever possible three months’ notice should be provided to avoid any impediment to the continued operation of the Panel.
2.10 If a Panel member is deemed to be unsuitable to remain in office, notice will be given in writing by the Agency Decision Maker of termination of office, in compliance with Regulation23(9 of the Fostering Services Regulations 2011)) (see Appendix 3 - Protocol for Members of the Central List of Fostering Panel Members).


3. Quoracy of Fostering Panel

Regulation 24 (1) states:

No business may be conducted by the Fostering Panel unless at least the following meet as the Panel:

  • Chair or one of the Vice Chairs;
  • Panel Member who is a qualified Social Worker (with 3 years+ post qualifying experience);
  • Three additional members not including the Fostering Service Manager.

NB Where the Independent Chair is not present and the Vice Chair who is present is not independent of the Fostering Service provider, at least one of the other Panel members must be independent of the Fostering Service provider.

The Fostering Service Manager will sit on Fostering Panel; however where they have been directly involved in supervising the assessment or review processes they will be unable to contribute to the making of recommendations outside of a procedural/policy framework.


4. Functions of Fostering Panel

4.1 The Fostering Panel will not make decisions, but will make recommendations to the Agency Decision Maker; who is the Divisional Manager for Children's Resources.

4.2

The following cases will be referred to the Fostering Panel
4.2.1

Applications for approval as foster carers.
 

A summary list of assessment information to be presented to Panel is outlined in Appendix 4, Assessment Information to be submitted to Panel for Prospective Foster Carers. In all cases the Panel members will consider the assessment guidance (Appendix 5, Panel Members' Assessment Guidance) when approving carers before a child is placed and will recommend under Regulation 25:

  • Whether or not the applicants are suitable to act or to continue to act as foster carers;
  • The terms on which approval is based.

The only exception to this is where the local authority places a child who meets the criteria for being Looked After with family or friends or Connected Persons subject to temporary approval for a period not exceeding sixteen weeks under the Care Planning, Placement and Case Review (England) Regulations 2010 (Regulations 24 and 25). The viability of this arrangement will be assessed and reported to Fostering Panel for 'feasibility approval' within 8 weeks of the placement being made. If 'feasibility approval' is recommended a full assessment of the carers to become approved foster carers for a specific Looked After Child, will return to the Panel within a further ten weeks.
4.2.2

Annual reviews of foster carers

 

In all cases the Panel will recommend:

  • Whether or not they remain suitable to be approved as foster carers;
  • Whether the terms of approval remain appropriate, and if not how these should be amended. This will be:
    1. At the time of a carer's first annual review;
    2. On the occasion of any other review when requested to do so by the fostering service provider under Regulation 28(5) of the Fostering Services Regulations 2011.

See also Review of Foster Carers Procedure.
4.2.3

Changes of the terms of approval

 

The Panel will consider reviews of foster carers where a change of terms of approval is specifically recommended as a ‘qualifying determination’. Carers will be advised that they can make written representations about this to the Fostering Service agency or apply for an independent review through the Independent Review Mechanism (IRM) (Regulation 28(7) of the Fostering Services Regulations 2011).
4.2.4

Carer progressions
 

The Panel will be advised of foster carer progression (Level 1 to Level 2 and Level 2 to Level 3)
4.2.5

Termination of approval

 

The Panel will consider reviews of foster carers where termination of approval is being considered. Termination of approval is also a qualifying determination and carers will be advised that they can make written representations about this to the Fostering Service agency or apply for an independent review through the Independent Review Mechanism (IRM) (Regulation 28(7) of the Fostering Services Regulations 2011).
4.2.6

Recommendations for long term fostering
 

The Panel will consider reports where permanency through long term fostering is being proposed. The Panel must consider whether this is in the best interests of a particular child.
4.2.7

Matching reports
 

The Panel will be presented with reports proposing that a particular foster carer is suitable to meet the needs of a particular child for whom permanency through long term fostering is deemed to be in his/her best interests.

4.2.8

Trans-racial Placement Reports
  Panel will consider reports where a child or young person has been placed with carers of a different birth heritage to the child (and the placement is to last beyond six weeks) to ensure that the child’s birth heritage needs can be met by the placement. See also Trans - racial Fostering Placements Procedure.
4.2.9

Variations
 

Reports may be presented In respect of situations where foster carers have been granted temporary variation to their normal terms of approval in order for a particular child to be placed in an emergency. If the placement is not specified as time limited,the circumstances of the placement will be reviewed within three months by Panel.

4.2.10

Exemptions
 

The Panel will consider applications for an exemption to the usual fostering limit; a maximum of 3 children unless all the children fostered are in the same sibling group. These will usually be time limited but in the exceptional cases where they are open ended or subject to a lengthy period of time, Fostering Panel will keep them under review and will undertake a first review within three months of the outset of the exemption.
4.2.11

Resignations of carers
 

The Panel will consider notifications of foster carers who have resigned and the reasons for the resignation, which takes effect from 28 days from the date on which the fostering service receives the notice. 

4.2.12

Written representations

 

The Panel will consider representations from the following:

  • Applicants who have been notified in writing of a Qualifying Determination(under the Fostering Services Regulations 2011) that they are not suitable for approval as a foster carer. The applicant in this situation has three options open to them:
    • To accept the determination of the Panel;
    • To make written representations to the Panel within 28 days; or
    • To apply for a review by the Independent Review Mechanism (IRM)

    If the applicant makes written representations to the Fostering Panel, the Panel has a duty to consider the case again in the light of the representations, and make further recommendations to the Agency Decision Maker.  If the applicant applies for an independent review it is incumbent on the Fostering Service to co-operate with all aspects of the Independent Review Mechanism (IRM) process, including the possibility that the Panel may need to reconsider their original recommendation in light of the IRM outcome. (Appendix 6, IRM Protocol)

  • Existing carers who have been notified in writing that the Fostering Service is no longer satisfied that the carer(s) and his/her household continue to be suitable, or that the terms of their approval are appropriate. The same options outlined above are available for existing foster carers; if the carer asks for review the panel must re-consider the case again in the light of any representations made directly to them or via the IRM process, and make further recommendations to the Agency Decision Maker.
4.2.13

Private Foster Care Suitability Assessments.
 

Suitability assessments of all Private Fostering arrangements assessed by the Social Worker are submitted to Fostering Panel. Whilst panel has no decision-making authority in relation to private fostering, the view of panel is particularly important in respect of these assessments in addition to providing independent oversight of what can be complex arrangements for young people and their families. Furthermore, panel receipt of private fostering assessments ensures there is a central repository of information in relation to privately fostered children, which is an additional safeguard if young people or their carers move out of borough and information is sought by external agencies.
4.3

The Fostering Panel, through the Panel Chair, will contribute to the provision of the Fostering Service annual report to the Director of Children's Services. The report will comment on the activity of Panel and the outcomes for the fostering service and will include:

  • Number of foster carers approved or re-approved, designating ethnicity, family structure and geographical location;
  • Work of the panel;
  • Strengths and weaknesses of current provision;
  • Quality of work presented to the Panel;
  • Specific issues arising for the Panel over the past year;
  • Recommendations re the operation of the Panel and the provision of the fostering service.
4.3.1

The Fostering Panel will offer consultation and guidance on cases and about fostering matters where appropriate.
4.3.2

An important function of the Fostering Panel is to quality assure the agency’s implementation of the fostering regulations locally, by setting and monitoring standards, policies and practice.
4.3.3

Monitoring a range of quarterly management information provided by the Fostering Service is a key responsibility. Appendix 7 summarises the types of management information that are regularly reported to Panel (see Appendix 7 summarises the types of management information that are regularly reported to Panel).
4.3.4

The Fostering Panel members will be committed to anti-discriminatory practice and will carry out their duties in accordance with Dudley MBC's Equality and Diversity policies, and will not discriminate on the grounds of gender, race, religion, sexual orientation, disability or age.
4.3.5 The Fostering Panel will ensure that the welfare of the child is paramount in all of its recommendations.


5. Meetings of Fostering Panel

5.1 Panel will normally meet on a monthly basis; however there may be occasions when an additional Fostering Panel will be required.
5.2 Whilst a legal adviser is not required to sit on Fostering Panel there may be occasions when legal advice is necessary e.g. if foster carers wish to make representations about their approval where there have been child protection concerns about them. If it is clear either before or during a Panel that specialist advice is needed to help the Panel to reach a recommendation, then the Chair will liaise with the Panel Adviser to identify and arrange for that advice to be made available through the agency’s named legal adviser. This may require the item to be adjourned to a later Panel date.
5.3 Whilst there will be a health representative on the Fostering Panel it may be that Panel considers that further medical advice is required from a registered medical practitioner. In this situation the Panel may seek additional medical advice if this is considered necessary in relation to the particular case.


6. The Operation of Fostering Panel

6.1

The Fostering Service will provide a Panel Administrator who will ensure the effective administration of the Fostering Panels, including the timely distribution of agenda papers at least 5 working days before the meeting and preparation of minutes (see Appendix 8 - Booking Fostering Panel, Submitting Reports, Panel recommendations and Agency Decisions).

A ‘final set of minutes’ for each Panel meeting will be checked by the Chair of Panel in terms of accuracy and content and to ensure that the reasons for recommendations are accurately recorded and that any issues of dissent are covered. Where it has not been possible to reach a consensus on a recommendation the Panel minutes should set out clearly the view of any dissenting Panel member. If the decision is split evenly the Panel is not in a position to make a positive recommendation. If however there is a majority in favour of the recommendation the Panel can proceed to reach a positive recommendation. All recommendations in any event will be subject to ratification by the Agency Decision Maker.
6.2

Attendance of non-Panel members at Panel
6.2.1

The following people will be expected to attend the relevant Panel for the appropriate agenda item:

  • The supervising social worker;
  • The child's social worker where appropriate, and their manager where possible. NB It is not a current requirement for social workers to attend panel in relation to private fostering suitability assessments;
  • Anyone invited to provide specialist advice.
6.2.2 Observers (e.g. as an induction opportunity for new social workers and Panel members or other professionals) will be welcome to attend Panel meetings by agreement with the Chair, and dependent upon them agreeing to maintain strict confidentiality through signing a confidentiality agreement and providing evidence of a current CRB, which will be recorded.
6.2.3 A maximum of two observers will attend Panel at any one time.
6.3

Applicants' right to attend the Fostering Panel
6.3.1

People applying to become foster carers, including Family and friends Connected Person carers and where permanency is being considered will be expected to attend Panel for part of the discussion of their application. (see Appendix 9, Panel Guidance on Prospective Carers/Approved Carers Attending Panel).
6.3.2

Any complaint by a prospective foster carer regarding the functioning of Panel should be made via the Directorate's Complaints Procedure, which all prospective foster carers are made aware of by their assessing social worker.
6.4

Process for reaching a recommendation
 
  • The Chair will ensure that Panel members are clear about the meaning of legal, medical, social work and other specialist terms;
  • During the meeting the Chair will ensure that each Panel member has an opportunity to raise questions or offer comments on each matter to be considered;
  • Each Panel member will be asked whether or not s/he supports the proposed recommendation. There will be no process for formal voting but the Chair should facilitate the Panel reaching a consensus;
  • Agreement of all the Panel members may not always be possible. In circumstances where permanency or Family or Friends or Connected Person carers are being considered an evenly divided Panel will be taken to suggest that there is sufficient doubt to prevent the Panel making a confident recommendation. In these circumstances the Panel's recommendations should favour the best interests of the child;
  • Where there is a serious difference of opinion between Panel members, the Chair may defer the recommendation for more information to be made available;
  • The Chair will be responsible for ensuring that the Panel is clear about the reasons for its recommendations and that any dissenting views are recorded;
  • It is essential that Panel is clear about the recommended terms of approval;
  • The Agency Decision Maker will receive a copy of the Panel minutes. However, in situations where there has been dissent, the Panel Chair will contact the Agency Decision Maker to discuss the recommendations, the reasons for them, and the issues of dissent. This will be done as soon as possible after the meeting, but in any case within two working days;
  • Sometimes important and relevant information is not available in the paperwork and Panel members are unable to reach a recommendation. A recommendation should in these circumstances be deferred and the social workers advised what additional information is required. A date should be set for the case to return to Panel. Additional guidance is summarised at Appendix 10, Process for Reaching a Recommendation relating to prospective Foster Carers;
  • In situations where the Agency Decision Maker does not ratify a recommendation of Panel they will contact the Panel Chair to discuss this with them.

6.5

Panel minutes
6.5.1

Panel members' papers will be returned to the Panel Administrator immediately after the meeting.  The Chair will keep a copy of the papers until the following meeting to ensure that information is available when proof reading and agreeing the minutes. One copy of the paperwork will be kept available.
6.5.2

A written record of the panel meeting, the recommendations and the reasons for them will be prepared within five working days after the meeting. 

6.5.3

The minutes will be circulated to:

  • Panel members;
  • Panel Adviser;
  • The Chair of the Fostering Panel;
  • The Agency Decision Maker.
6.5.4

Appropriate extracts from the minutes (approval recommendations and the agency decision) will be circulated to:

  • The applicant or foster carer;
  • The Supervising Social Worker - for placement on the foster carer's file;
  • The child's Social Worker - when permanent fostering, or matching, was considered.
6.5.5 Panel minutes will be checked and signed by the Chair who will agree a ‘final set’ of minutes on behalf of all Panel members to ensure a timely response. The final set of minutes will then be circulated when the Panel paperwork is distributed for the next meeting to Panel members at the next Panel meeting.
6.6

Conflict of interest
6.6.1

If on receipt of papers a Panel member realises that they have direct knowledge of a case being presented to Panel they must declare this information to the Panel Administrator in order that the latter can determine whether or not the Panel will be quorate if the member is unable to take part in the discussion. If during the course of the discussion about a family, a member realises that they have prior knowledge, this must be declared.
6.6.2 The Chair will decide whether a declared interest should debar that Panel member from the discussion relating to that case and/or participating in the panel recommendations.


7. Role of the Fostering Service Manager in Panel

7.1

The Fostering Service Manager, if directly managing assessments etc, cannot contribute to reaching a recommendation. Their role is to:

  • Advise the Chair and members of the Panel as required on policy, practice and procedure;
  • Take responsibility for ensuring that all Panel reports are comprehensive and of a suitable standard to be presented to the Panel;
  • Oversee the administrative arrangements for the Panel and ensure that they work effectively.


8. Decision Making

8.1 The Agency Decision Maker is the Divisional Manager for Children's Resources and acts under Regulation 27(3) and (4).
8.2 Agency decisions are made separately from the panel meeting within seven working days of the Panel minutes being received by the Agency Decision Maker. Within two days of the decision being made the Fostering Service Manager will contact applicants/carers to convey the decision orally. This will then be confirmed in writing within five working specifying the terms of their approval. If there is delay in making the decision, reasons for this are communicated to the applicants. The Agency Decision is recorded in the applicants’ or foster carers’ files.
8.3 The Agency Decision Maker will satisfy him/herself that the Fostering Services Regulations 2011 and Dudley MBC Children's Services Directorate procedures have been met.
8.4 If the Agency deems an applicant unsuitable to be a carer, or an existing carer is to have their approval terminated or varied, they will be notified in writing of the 'qualifying determination' and the reasons for it and enclosing a copy of the Fostering Panel's recommendation, within 3 working days of when the Panel met.
8.5 The applicants are invited to submit any written representations within 28 days of the date of the notice or seek independent review.
8.6 If notification is received that the applicant/current carer has requested an independent review, the Agency Decision Maker will not implement the original determination until the independent review panel has made its recommendation, and that recommendation along with that of the Fostering Panel has been taken into account.
8.7 A decision will be taken at this point whether the foster carer/s need to  be referred to the Independent Safeguarding Agency (ISA) for  consideration of inclusion on one or both barring lists (see Appendix 11 - Vetting and Barring: The Role of the Independent Safeguarding Authority).
8.8 If no representations are made, the agency proceeds to confirm its decision, and notifies the applicants/foster carer in writing.
8.9

Variations or exemptions on foster carer approval made by the Agency Decision Maker when the case cannot wait for a Panel, are presented to the Panel at the next opportunity.


9. Implementation

Awareness of these procedures will be raised through briefings to Panel Members and fostering staff. District social work teams and managers will be notified of updates.

It is the responsibility of Team Managers to ensure that their staff are appropriately aware of this Procedure and ensure that its implementation is monitored as part of the Supervision process.


10. Review

The Fostering Panel Manager/LAC Policy and Project Manager will be responsible for reviewing Panel policy and procedure.

Fostering Panel will meet formally annually outside of business meetings to review the work of the Fostering Panel during the preceding twelve months. The Panel Chair will meet with the Agency Decision Maker and the Panel Adviser twice yearly.

Those undertaking assessments will be briefed annually on Panel expectations regarding assessments.


Appendix 1 - Role Profile - Fostering Panel Chair

Role purpose

The Fostering Regulations (Regulation 23 (4)(i)) requires the Chair of the Fostering Panel to be independent of the day to day management of the fostering service to ensure that Panel operates fairly and has an element of independent scrutiny in relation to the recommendations that are made.

The Chair's main purpose is to chair the Fostering Panel meeting and facilitate the Panel reaching a recommendation about each matter presented.

Key Responsibilities

  1. The Chair must ensure that the Fostering Panel keeps the welfare of the child paramount when making recommendations about foster carers/prospective foster carers;
  2. The Chair must encourage all Panel members to contribute to the panel's recommendations and ensure that, where Panel members have serious reservations, these are recorded in the minutes of the Panel's meeting and are also attached to the Panel's recommendations;
  3. The Chair has responsibility for ensuring the Panel records are accurate;
  4. The Chair will clarify with all attending, including social workers and applicants, that the remit of the Panel is to make recommendations only, giving a timescale for the agency's decision to be made;
  5. The Chair will be involved in the appointment and induction of any new members of the Central List and in any considerations about terminating the appointment of a member of the Central List;
  6. The Chair alongside the Fostering Service Manager has a gate-keeping role in relation to papers coming to Panel. Where there are concerns about a report, the Fostering Service Manager and Chair will consider whether it is adequate for submission to Fostering Panel;
  7. The Chair will be involved in decisions about the attendance of observers at Fostering Panel;
  8. The Chair will have a key role in determining the action required where a Panel member declares an interest in a case;
  9. The Chair will be involved in deciding when an extra Panel may need to be convened to consider an urgent matter;
  10. The Chair will play a key role in the preparation of an annual report on the work of the Fostering Panel.

Additional responsibilities

  • The Chair will also in conjunction with the Fostering Service Manager, report any issues of concern to the fostering service provider as appropriate;
  • Attendance is required at regular meetings with the Agency Decision Maker and other senior managers of the fostering service provider to monitor the work and membership of the Panel and to address any concerns about the Panel or the fostering service provider's practice;
  • The Chair will contribute to the annual appraisals of members of the Central List;
  • The Chair will cooperate with any requirements of the Regulating Authority.

Skills Profile - Fostering Panel Chair

Attributes Description How Identified
Experience
  • Relevant experience of child protection and Safeguarding matters.
  • Relevant experience of working with children who are 'looked after'.
  • Experience of assessing Foster Carers including Family and Friends Connected Person Carers
 Interview
Knowledge

  • An understanding of the Fostering Regulations 2011

  • Knowledge of child development.
 Interview
Role related skills
  • Ability to integrate equality & diversity and social work values into Panel recommendations
  • Ability to chair a complex meeting where a wide variety of views may be expressed.
  • Excellent interpersonal and communication skills.
  • Evidence of commitment to anti-discriminatory practice
 Interview

Personal Circumstances
  • Ability to be available some evenings to attend training or meetings when required

Interview


Appendix 2 - Role Profile - Fostering Panel Member

Role purpose

Through attending Fostering Panel each Panel Member plays a key role in the provision of safe and effective family placements for 'looked after' children and young people.

The operation and functions of Fostering Panel are prescribed through Regulations 23 to 28 of the Fostering Regulations 2011.

Key Responsibilities

  1. To read the circulated papers carefully before each meeting and to attend the meeting prepared to raise issues and to contribute to the Panel discussion;
  2. To take responsibility for participating in the making of recommendations, on each case, drawing on both personal and professional knowledge and experience;
  3. To attend a minimum of 75% of Fostering Panel meetings each year;
  4. Occasion to attend additional Panel Meetings to discuss urgent matters;
  5. To participate with other Panel Members, in advising on policy and procedural matters as required;
  6. To address diversity issues and promote anti-discriminatory practice;
  7. To safeguard the confidentiality of all Fostering Panel papers and Panel discussions;
  8. To participate in the Panel induction and in Panel training, which will be at least one day per year;
  9. To participate constructively in the annual review of their Panel membership as required;
  10. To contribute through the Panel Chair to the Annual Report;
  11. Panel members must declare an interest where they have prior personal or professional knowledge of a particular applicant or approved foster carer.


Appendix 2a - Panel Member Skills Profile

Click here to view Appendix 2a - Panel Member Skills Profile.


Appendix 2b - Role Profile - Fostering Panel Adviser

Role purpose

The role of the Professional Adviser to Fostering Panel is to advise Panel on matters of policy/procedure in relation to the approval, progression, variation and termination of the approval of Foster Carers/Prospective Foster Carers.

The Professional Adviser is not a voting member of the Panel and will not participate in making recommendations.

Currently the Professional Adviser is employed by the agency in the role of Fostering Service Manager.

Key Responsibilities

  1. To advise the Panel on regulations, policy and procedures;
  2. To coordinate and agree the agenda for Fostering Panel;
  3. To ensure that paperwork for Fostering Panel Members is sent out in a timely manner;
  4. To ensure the provision of regular management information to Fostering Panel in accordance with the agency requirements and the Fostering Regulations and the National Minimum Standards 2011;
  5. To provide updates on matters presented to Panel when appropriate;
  6. To ensure feedback from the Panel about matters of practice are conveyed to the Fostering Service;
  7. To coordinate the recruitment and appointment of Panel Members alongside the Chair and/or Agency Decision Maker;
  8. To arrange the induction and training of Panel Members;
  9. To oversee the quality of reports provided to Panel alongside the Chair and liaise appropriately with appropriate staff to ensure that the reports provided are of good quality or at least adequate for submission and, where necessary taking action to withdraw;
  10. Any matters which may give rise to a conflict of interest for the Professional Adviser, should be raised with the Panel Chair and/or Agency Decision Maker and solutions identified;
  11. Alongside the Panel Chair, to conduct the annual review for each Panel Member;
  12. Alongside the Panel Chair, to prepare the Annual Report. 


Appendix 3 - Protocol for Members of the Central List of Fostering Panel Members

This protocol is presented as part of the Fostering Panel procedural guidance to members of the Central List and outlines the expectations of the local authority as the Fostering Service Provider:

  1. On appointment, members of the Central List of Panel members will be required to complete a working agreement (including confidentiality clause, see Appendix 12 - Panel Working Agreement) which will form the basis of the annual appraisal conducted by the Chair and Panel Adviser with each member individually;
  2. If a Central List member has any knowledge, either in a personal or professional capacity, of a case under consideration at a Panel meeting to which s/he is invited, s/he should inform the Panel Administrator as soon as possible. Ideally this should be prior to the meeting so that the Panel Administrator can determine whether the Panel will be quorate for this item;
  3. It is expected that members of the Central List will attend a minimum of 75% of meetings per year, which will be monitored by the Panel Adviser;
  4. Panel members should have read the Panel papers carefully before the meeting and be prepared to contribute to the Panel discussion and to reach a consensus recommendation;
  5. Panel members should seek to identify the strengths and weaknesses of the assessment report as they perceive them;
  6. The Panel papers should be left with the Panel Administrator immediately after the meeting;
  7. Members of the Central List should inform the Agency Decision Maker if during the period of their membership they are convicted or cautioned for any criminal offence, or if criminal proceedings are pending, or they are subject to police investigation;
  8. Members of the Central List will be expected to make every effort to attend Panel training;
  9. Members of the Central List, when attending Panel meetings, will be expected to be rigorous in their examination of the issues, but need to recognise that attendance at Panel meetings may be seen as intimidating by social workers if the approach is unacceptably challenging. This would then undermine the ability of the Panel to examine the issues in as open and fair a way as possible;
  10. Members of the Central List must be committed to anti-discriminatory practice and should consider each case on its own merits;
  11. If there are concerns about the behaviour or conduct of a member of the Central List in Panel meetings, the Chair will discuss the issues in private with the member concerned. If the concerns cannot be resolved informally the matter will be formally referred to the Divisional Manager, Children's Resources (as the Fostering Service Provider), for further discussion and consideration. If the issues remain unresolved the Divisional Manager, Children's Resources will put in writing the reasons why the  member's appointment to the Central List is to be terminated. The following are examples of reasons for termination, but the list is not exhaustive:
    • Poor attendance at Panel Meetings;
    • Lack of appropriate contribution to Panel discussions;
    • Failure to declare personal or professional interest;
    • Serious breach of the confidentiality bond;
    • Refusal to attend Panel Training Courses;
    • Failure to inform the Agency at once if they have been convicted or cautioned for any criminal offence;
    • Repeated failure to comply with the required standard of behaviour expected of a Panel member.


Appendix 4 - Assessment Information to be submitted to Panel for Prospective Foster Carers

At the conclusion of the assessment stage all the documentation should be collated and include:

  1. Form F
  2. Summary of the social worker's recommendation
  3. Referees' interview reports
  4. Responses to all checks
  5. Medical statement (chair only)
  6. Records of interviews and preparation training
  7. Assessment report
  8. Information from other assessment tools (e.g. Skills to foster training/ portfolio/observations etc.)
  9. Health and Safety checklist
  10. Dog and Pet Assessment Form if applicable


Appendix 5 - Panel Members' Assessment Guidance

Panel members should take into consideration that the aim of Panel is not to find the "perfect foster carers" but to assess how well prospective foster carers are able to demonstrate insight into and an awareness of:

  1. The caring abilities and skills they possess which will enable them to perform the requisite tasks well;
  2. The children/young people referred and their potential needs;
  3. Their ability to work effectively with the Department;

Prospective foster carer(s) and their family

The possible effects of placements on the foster carer's own family and safe caring practices:

  • Understanding of own support network
  • Flexible approach to the social, physical, linguistic, intellectual, cultural, emotional, spiritual and sexual (SPLICESS) needs of young people.
  • Motivation/commitment to fostering
  • Able to work to set objectives as part of team
  • Flexibility of self and family and ability to adapt
  • Level of maturity and degree of stability/strengths

Children and young people referred for fostering

Prospective carers:

  • Knowledge/experience of children and young people;
  • Awareness of possible difficulties they would experience introducing a child or young person into their household;
  • Commitment to meeting the social, physical, linguistic, intellectual, cultural, and emotional spiritual and sexual needs of young people (SPLICESS);
  • Awareness of the particular "type" of children and young people the carers(s) prefer to work with;
  • Awareness of the effects of abuse (physical, emotional, sexual) on children and young people and possible consequences for themselves as carers;
  • Awareness of the different forms of oppression faced by children and young people and be able to identify strategies which attempt to combat some of the possible effects;
  • Ability to work with parents, siblings, extended family and significant others;
  • Ability to be realistic in terms of expectations of children and young people and be willing to deal with a range of behaviours;
  • When necessary help and assist a child or young person to "move on" and establish a permanent and settled future;
  • When necessary provide a long-term permanent family which acknowledges and respects the child's history and their need for security.

Working with the department

Carers' capacity to:

  • Work on set objectives as part of a team within the Fostering Service;
  • Understand and agree to respect confidentiality of information;
  • Work within the methods and practices of the service and understand the vital role that they play within the overall service;
  • Understand the respective roles of foster carers, the Supervising Social Worker and district Social Worker;
  • Commit to ongoing training both with an approach embracing the values of "what can I learn - what can I teach";
  • Understand the conditions of service as outlined in the Placement Agreement and where appropriate an understanding of the Fee Paid Scheme including the implications of Taxation, National Insurance and state Benefits;
  • Commit to the Directorate's Equal Opportunities Policy;
  • Demonstrate that they have a clear understanding of the nature of the tasks to be undertaken;


Appendix 6 - Independent Review Protocol Guidance

1

Legislative Framework
1.1 The Independent Review Mechanism (IRM) for fostering was announced in the White Paper, Care Matters: Time for Change and the powers to make regulations implementing the IRM (fostering) were introduced by the Children and Young Persons Act 2008.
1.2 The IRM for fostering is part of a wider package of measures designed to improve the approvals process for foster carers and to encourage more people to come forward to foster.  It is a response to concerns that the current approval process is insufficiently independent, and brings fostering in line with adoption where there has been an IRM since April 2004.
1.3 The fostering IRM came into place on 1.4.09 and is governed by the Fostering Services Regulations 2011 (Regulation 28(7)).
1.4 The IRM is not an appeal process, nor is it a higher appellate authority.  The function of the IRM is to review anew all the documents and information relating to a "qualifying determination" and make a recommendation to the fostering service provider about whether or not a person is suitable to act as a "local authority foster parent" (which includes foster carers approved by independent fostering providers) and/or a recommendation about the terms of approval, as the case may be.
1.5 The final decision about the individual's approval/terms of approval will continue to rest with the fostering service provider.

2

What is a Qualifying Determination?
2.1

A qualifying determination is when Fostering Panel recommends:

  • Not approving a prospective foster carer as suitable to foster;
  • Termination of approval; or,
  • Changing the terms of the foster carers existing approval.
2.2 This must then be followed up in writing to the applicant/carer in accordance with Regulation 28 (7)(a).
2.3 A determination is not a qualifying determination where a fostering service provider has turned down a person's application for approval as a foster carer or terminated their approval because the carer or a member of their household had been "convicted of a specified offence (defined in Regulation 26(6)) committed at the age of 18 or over; or, had admitted a specified offence for which they had been cautioned" (Regulation 26(5)) and there are concerns arising from this about the welfare of the child. In this case a person is not eligible for review by the IRM, although they can still make representations to the Fostering Panel as currently.

3

Notification to an Applicant/Carer
3.1

When Fostering Panel's recommendation is to make a qualifying determination the following must occur (prior to the recommendation being ratified by the Agency Decision Maker):

  • A Notice (a letter) must be sent to the applicant/carer notifying them of the reasons for the determination;
  • This notice must be sent on the date it is dated;
  • A copy of the Panel's recommendations must be enclosed with the letter;
  • The Notice must advise the applicant/carer of the right to make written representations within 28 days of the Notice to either the Fostering Panel; and,
  • The Notice must advise the applicant/carer of the right to make representation to the Secretary of State for an independent review;
  • The Notice should include information on how the applicant/carer should proceed to request a review by the IRM;
  • A leaflet (Fostering Suitability Applications) providing information about the IRM for fostering should be printed from the IRM website and enclosed in the notification letter.
3.2 If no representations are received from the applicant/carer the fostering service provider can proceed to make its decision after 28 days.

4

Written Application for In-House Review
4.1 If written representations are received by the fostering service provider, the Agency Decision Maker will refer the case back to the Fostering Panel for its consideration. The subsequent decision will take into account any recommendation made by the Fostering Panel.

5

Written Application for Independent Review
5.1 If the applicant/carer makes written representations to the IRM, the IRM will notify the fostering service provider. This notice will include a copy of the application and a request for information to be provided.
5.2 The Agency Decision Maker must not make the decision to implement the original determination until the Independent Review Panel (IRP) has made its recommendation, and the recommendation along with that of the Fostering Panel has been taken into account.
5.3 The IRM will seek consent from the applicant for the fostering service provider to disclose medical information. The applicant will be asked by the IRM to send their consent directly to the fostering service provider with a copy to the IRM Administrator. No information should be disclosed without receipt of this consent.
5.4 The fostering service provider's nominated link person (the Fostering Panel Administrator) must provide to the IRM all the appropriate documentation that was available to the original Fostering Panel when the Panel was considering their recommendation.
5.5

All requested documentation must be sent to the IRM within 10 working days of receipt of the notice and should include:

  • A copy of the report which was presented to Fostering Panel and associated documentation;
  • Any other relevant information in relation to the person which was obtained after the date the documents were sent to Fostering Panel
  • A copy of the letter informing the person about the qualifying determination sent in accordance with Regulation 28 (6) or 28 (7). 

NB Fostering Panel minutes must not be sent to the IRM Administrator
5.6 The IRP have the power to seek additional information and assistance from the fostering service provider where they consider it necessary and it is incumbent upon the fostering service provider to provide this information unless it is not reasonably practicable to do so.

6

The Independent Review Panel Decision Making Process
6.1 The IRM will advise the fostering service provider and the applicant of the date, time and venue of the IRP meeting and details of the panel members.
6.2 The applicant will be invited to attend the meeting and to submit any further written details up to three weeks before the panel date. The applicant may be accompanied by a friend for morale support and an interpreter if necessary. No expenses will be paid to the applicant and friend/interpreter. The IRM Administrator, with the exception of confidential third party information (e.g. references), will send the applicant the information submitted by the fostering service provider.
6.3

Two representatives of the fostering service provider should be identified to attend the IRP. Experience of the IRM Adoption Panel has shown that the person most likely to be of assistance to the review panel will be the original assessing Social Worker. This is because the review panel's questioning is likely to focus on information obtained during the assessment. Whoever attends must have a sound knowledge of the case and should take the file with them
6.4 Membership and the constitution of the IRP is governed by the Fostering Services Regulations 2011 All members should be independent of the Fostering Service provider and impartial.
6.5 Additional advice from a registered medical practitioner or legal adviser may be sought depending on the case, but they will not be involved in the decision-making.

7

The Independent Review Panel's Recommendation
7.1

When reviewing a qualifying determination the IRP will consider:

  • The reasons for the qualifying determination, and the recommendation of the agency's Fostering Panel;
  • Information presented to the agency's Fostering Panel;
  • Any relevant information that arrived after the agency's Fostering Panel met;
  • The applicant's grounds for review;
  • Any additional information submitted by the applicant.
7.2 If the IRP is reviewing a qualifying determination not to approve a prospective foster carer, or to terminate the approval of an existing foster carer, they will make a recommendation about whether the person should be approved; and, if they consider that the person should become or remain approved, they may also choose to make a recommendation regarding the terms of the approval.
7.3 If the IRP is reviewing a qualifying determination to revise the terms of an existing foster carer's approval, they may only make a recommendation about the terms of the approval, and may not make a recommendation that the approval should be terminated.
7.4 Once the IRP have considered the applicant's case, they will record their recommendation in writing.  The IRM Administrator will send a copy of the recommendation, and the reasons for the recommendation, to the applicant and fostering service provider.
7.5 The IRM Administrator will also send a full set of IRP minutes to the fostering service provider when agreed by the Chair.

8

Agency Action Following IRM Process
8.1 Once the fostering service provider's Agency Decision Maker has been notified of the IRP recommendation the decision can be made taking into account the IRP's recommendation, as well as the original Fostering Panel's recommendation.
8.2 As is the case currently, as soon as practicable after reaching the final decision, the Agency Decision Maker should notify the applicant in writing of the decision and, if it has been decided not to approve them, or to terminate their approval, or change the terms of approval, of the reasons for the decision.
8.3

Where the review panel has considered a case, the Fostering Service Administrator must send a copy of the notification to the IRM Administrator.

9

Cost of Review
9.1 Fostering service providers whose qualifying determination is reviewed by the IRP will be required to contribute a standard amount towards the cost of the review. The provider will be liable to pay the contribution whatever the outcome of the independent panel's review.
9.2 Individuals applying for a review by the IRM will not contribute to the cost of the review.
9.3 The IRM Administrator will send an invoice for the contribution, once the review has been completed.
9.4

All enquiries and correspondence must be directed to the IRM's head office only, and not to the Secretary of State for Education, or to any other office. The contact details for the IRM's head office are:

Contract Manager
Independent Review Mechanism (England)
Unit 4, Pavilion Business Park
Royds Hall Road
Wortley
Leeds
LS12 6AJ

E-mail: irm@baaf.org.uk

Tel: 0870 034 6420


Appendix 7- Types of Management Information Regularly Reported to Fostering Panel

  • Reports from Fostering IRO;
  • Trans-racial placements;
  • Allegations, Concerns, Complaints and Compliments;
  • Carer recruitment information (Numbers of applications/inquiries);
  • Numbers of households approved;
  • Variations & Exemptions;
  • Numbers of children placed who have a disability;
  • Numbers of placement disruption meetings (28 days notice);
  • Numbers of sibling placements and where siblings are not placed together, despite recommendation of the Care Plan that they should be;
  • Carer progressions;
  • Carers Training information (CWDC, Restrictive Physical Intervention Training, NVQ);
  • Numbers of annual reviews completed within timescales;
  • Number of children placed outside Dudley;
  • Total number of placements made each quarter excluding Family and Friends or Connected Persons.


Appendix 8 - Booking Fostering Panel, Submitting Reports, Panel recommendations and Agency Decisions

The presenting worker and their team manager should agree a date for a report to be presented at Panel (workers bringing assessments of Connected Person Carers should follow the specific procedures relating to these assessments - see Family and Friends (Connected Persons) Fostering Procedure.

The presenting worker should book the time and date (by phone, memo or e-mail) with the Panel Administrator.

Reports must be with the Panel Administrator 2 weeks prior to the Panel meeting. All reports need to be read and signed by the individuals involved (where appropriate) and the relevant social worker and Service Manager.

The Panel Administrator will liaise with the Fostering Service Manager regarding the agenda and compile the agenda for the Panel meeting approximately 10 days before the meeting. 

Copies of reports will be made and circulated to Panel members a minimum of five working days before the Panel meeting.

Notification confirming the date, time and venue of each item will be sent to the appropriate worker.

The presenting social worker should inform (prospective) carer(s), (including Family and Friends carers) of the date, time and venue of the Panel and of the Fostering Panel procedure and a letter of invitation to attend Panel will be sent to the carer by the Panel Administrator.

The time allowed for consideration of the approval of carers is approximately 20 - 30 minutes with an additional 15 minutes if carers are attending. 10 - 15 minutes is allotted for reviews.

After the Panel meeting the Panel Administrator will produce minutes within 5 working days and submit these to the Chair or Vice Chair for checking. The Agency Decision Maker will make the decision within 7 working days of receiving the recommendation and the decision will be conveyed orally within 2 working days. Following the Agency decision, the Panel Administrator will write on behalf of the Divisional Manager, Children’s Resources, to the individuals involved (foster carers, birth parents) confirming the outcome of the panel, using a standard format or drafting a letter as necessary within five working days.   

The Panel Administrator should place a copy of the panel minute and letter of approval, or re-approval, or termination of approval, on the carer’s file.

The Panel Administrator should maintain a panel file containing a copy of all minutes and panel reports.

The Chair should sign a minute and recommendation sheet and a copy will be placed on the carer’s file.


Appendix 9 - Panel Guidance on Prospective Carers/Approved Carers Attending Panel

Before the prospective/approved carer(s) join the panel

The assessing or supervising social worker should have prepared the (prospective/approved) carer for the Panel. This should include describing the room and layout, details of Panel members and the process of the meeting. Applicants and existing carers should be told that they have the right to ask questions of the Panel, as well as to offer further information.

Panel members must have read the reports beforehand and identified areas that require further exploration and the relevant selection criteria involved.

Panel members should give comments and identify areas for discussion under relevant selection criteria, to be discussed when the (prospective) carer and worker are present.

The Chair will note that points of clarification have been identified and that members will be invited to ask these.

After the prospective/approved carer(s) join the Panel

The Chair should facilitate the introduction of all Panel members present and give an explanation of the Panel process to the (prospective/approved) carer, and seek their understanding.

The Chair should make equal opportunities and confidentiality statements.

The Chair should invite the carer to add anything they wish at this stage.  The Chair should then explain that members have read the reports and will have questions for clarification.

The Chair should make introductory comments about the reports highlighting the positives and ask questions as appropriate and invite other members to do so.

The Chair should bring the discussion to a conclusion, explaining to the prospective carer that the panel has a recommending role, and that the final decision will be taken by the Agency Decision Maker in due course and that once the decision is made they will be informed initially verbally and then followed up in writing.

The carer/applicant will be invited to ask any questions they may have and will also be invited to comment on how they have found the process.

The Chair must thank the carer and worker for attending, and ask the worker to accompany the (prospective/approved) carer(s) from the meeting.

The Chair should agree with members their recommendation and the reasons, specifying terms of approval or re-approval.


Appendix 10 - Process for Reaching a Recommendation: Prospective Foster Carers

The following process will apply:

  1. Each Panel member is expected to assess each prospective foster carer on merit, fairly and impartially according to their suitability for approval as foster carers and taking into account the work that has been undertaken during the previous assessment and preparation stages (i.e. group training sessions and home study);
  2. Unrealistic expectations should not be placed on the prospective carers;
  3. A minimum of 5 working days prior to the Panel, each member will receive the relevant documentation on the prospective carer(s). This will usually include the Form F including the social work assessment and the recommendation.
  4. Panel members should read the relevant documentation and decide on and formulate any questions they have on further information they require from the social worker who undertook the home study;
  5. At the Panel meeting the full Panel members will have the opportunity to put questions to the social worker and also to the prospective foster carer should they be attending Panel;
  6. The Panel will discuss the suitability of the prospective foster carer(s) and make recommendations. If it is not possible to reach a consensus on a recommendation, the Panel minutes should set out clearly the view of any dissenting panel member and the Agency Decision Maker will clarify the course of action to be taken. In line with BAAF Guidance the Panel Chair does not have a casting vote, as all members are equally responsible for forming a view on the case. If a Panel is evenly split in terms of a recommendation, then no positive recommendation can be made and it may be necessary to either seek further information or make a negative recommendation. If however there is a majority in favour of a positive recommendation then the Panel can proceed to reach a positive recommendation, however the views of any dissenting members must be recorded. The Panel Adviser and the Panel Administrator do not have a vote.

N.B. The prospective foster carer(s) will have seen all the documentation relating to their application, apart from the notes of their personal references, as this is confidential information between the referees and the Department. No information from these references should be revealed to the prospective foster carer(s)


Appendix 11 - Vetting and Barring: The Role of the Independent Safeguarding Authority

1

Introduction
1.1 The Protection of Children Act 1999 was an important step towards the Government's aim of establishing the framework for a coherent cross sector scheme for identifying those people considered to be unsuitable to work with children.
1.2

Following the Soham murders, the Bichard Inquiry recommended that "new arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. The register would confirm that there is no known reason why an individual should not work with these clients."
1.3

The Safeguarding Vulnerable Groups Act 2006 was created in response to this recommendation. This Act provides the legislative framework for the Vetting and Barring Scheme which came into effect on 12 October 2009 and which replaced the arrangements previously in place for referring individuals for inclusion in the PoCA and PoVA Lists and List 99.

2

Key Points
2.1 Under the Vetting and Barring Scheme, the Independent Safeguarding Authority (ISA) will decide who is unsuitable to work or volunteer with vulnerable groups. It will base its decisions on pulling together information held by various agencies, government departments and the Criminal Records Bureau (CRB).
2.2 Under the Vetting and Barring Scheme, it is illegal to hire someone in a Regulated Activity who is on a Barred List. The Fostering Service comes within the definition of a Regulated Activity.
2.3

 The duty of employers and the fostering service provider to make referrals to the ISA are set out in the ISA Referral Guidance
2.4

The ISA will automatically bar individuals who have been convicted or cautioned for specified serious offences which will be set down in regulations in due course. There is one list for those individuals barred from working with children and a separate list barring individuals from working with adults. An individual can be barred from one or both lists.
2.5

The ISA will automatically bar a person without a referral, when they receive information directly from the police that a person has received a new conviction or caution for a specified serious offence (for all but the most serious offences the individual has the right to make representations).
2.5.1 The fostering service provider has a duty to respond to requests from the ISA for further information which is already held.

3

Referring a Foster Carer to ISA
3.1

There is a duty to refer to the ISA in the following circumstances:

  • Where the organisation has dismissed the individual on the grounds of misconduct (whether or not in the course of their employment) which harmed a child or placed a child at risk of harm;
  • Where the individual has resigned or retired in circumstances such that the organisation would have dismissed them, or would have considered dismissing them, on such grounds if he had not resigned or retired;
  • Where the organisation has, on such grounds, transferred the individual to a position within the organisation which is not a child care position;
  • Where the organisation has, on such grounds, suspended the individual or provisionally transferred them to such a position as in (c) above, but has not yet decided whether to dismiss them or confirm the transfer.
3.2

Dudley MBC will apply the above to foster carers. Therefore we will refer foster carers' names to the ISA for consideration of inclusion in the ISA Barred List when:

  1. Dudley MBC has de-registered a foster carer on the grounds of misconduct (whether or not in the course of fostering) which harmed a child or placed a child at risk of harm;
  2. The foster carer has resigned or retired in circumstances such that the fostering service would have de-registered them, or would have considered dismissing them, on such grounds if they had not resigned or retired.
3.3 Additionally the fostering service may refer names to the ISA in other circumstances. This would be where the fostering service has de-registered an individual, they have resigned or retired and where information not available to the fostering service at the time has since become available. On the basis of that information the fostering service has formed the opinion that, had the information been available at the time and if (where applicable) the individual had not resigned or retired, the fostering service would have or would have considered dismissing them on the grounds of misconduct, which harmed a child or placed a child at risk.
3.4 "Would have de-registered" - This covers the situation where a foster carer has engaged in misconduct, which satisfies the criteria for referral (i.e. misconduct which harmed a child or placed a child at risk of harm) and has possibly been put on "hold" whilst the fostering service investigates the matter. As a result of the fostering service's investigation, the fostering service is satisfied that the individual has carried out the misconduct and as a result should be de-registered. The fostering service can only come to this conclusion because it has completed its enquiry into the allegations.
3.5 "Would have considered de-registering" This type of referral will be where an allegation has come to light which satisfies the criteria. However, before the fostering service has had the opportunity to complete its investigation the individual retires/resigns. Until the fostering service has completed its investigation it cannot conclude, with any degree of certainty, that the foster carer would have been de-registered. Whilst the fostering service will undertake all investigations open to it may not be possible to conclude all enquiries. For example, if a child made an allegation of abuse the Council would need to interview the child and seek corroborating evidence from any independent sources.
3.6 The fostering service will attempt to obtain the individual's comments on the allegations. In the circumstances where the fostering service has only been able to obtain one side of the story (for example where it has not been possible to get the individual's comments) it is difficult to conclude that the fostering service would have de registered the individual. The fostering service could only realistically conclude that the fostering service would have considered de-registering the individual.
3.7 The fostering service could only come to that conclusion, bearing in mind the nature of the allegations made, when de-registration would have been a serious possibility i.e. within the range of reasonable options.
3.8

It is important to note that referrals are not required when de- registration of the foster carer was not a serious option. For example, when it would only have been a passing consideration within the range of possible options but not a real possibility.

4

What Constitutes "Misconduct"?
4.1 The determination of "misconduct" must be a matter for the organisation to decide. Keeping in mind the criteria for referrals, the types of circumstance where the ISA would expect a referral to be made would be where any action or inaction on the part of the individual harmed a child or put a child at risk of harm. Acts of omission and commission should both be considered.
4.2 The Guidance does not give precise examples because it is not possible to reflect every situation likely to apply. However in circumstances of this Act, misconduct would range from serious sexual abuse through to physical abuse, which may include intentional inappropriate restraint and/or poor childcare practices in contravention of organisational codes of conduct, which resulted in harm or risk of harm to children.

5

Decision Making Re: Referral to the ISA
5.1 The Divisional Manager, Children's Resources will make the decision whether a referral should be made to the ISA for consideration of inclusion on the Barred List. It will be the responsibility of the fostering service manager to make this referral.
5.2 The referral to the Independent Safeguarding Authority (ISA) should be done using the referral form from the Dudley Safeguarding Children Procedures at Dudley Safeguarding Children Board website
5.3 In circumstances where a foster carer has been put "on hold", de-registered or has resigned after having been charged with offences against children and who is awaiting the outcome of criminal investigation or trial, a referral to the ISA should also be made.
5.4 The ISA will be looking to make decisions about the barring of individuals as quickly as reasonably possible. Should more information be required this will be requested from the fostering service provider who will normally be expected to treat the request as a priority and respond within 7 working days.


Appendix 12 - Panel Working Agreement

Click here to view Appendix 12 - Panel Working Agreement.


Appendix 13 - Code of Conduct

  • Declare an Interest when appropriate;
  • Be Punctual - this shows respect to panel colleagues and carers and avoids wasting panel time;
  • Total confidentiality in respect of all panel business in respect of what is written and also said verbally;
  • Temperate language - no inflammatory, abusive or patronising language;
  • Respect individual differences;
  • Only one person speaks at once;
  • Indicate to chair your wish to contribute;
  • Self-awareness - Be aware of what may effect your participation in panel and what might get in the way etc;
  • Be Honest with yourself and others;
  • Value diversity - ageism, racism, sexism, religion, disability issues and sexuality issues;
  • All panel members have a personal responsibility for the way panel operates and are reminded that quoracy is 5 members including the Chair;
  • Prior preparation through reading panel papers;
  • Give reasons for opinions throughout discussion.

End