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Contents

1.	Introduction and Policy
2.	Procedure
	2.1	Local Authority Foster Carers living in the Local Authority
	2.2	Local Authority Foster Carers living in another Local Authority
	2.3	Foster Carers living in this Local Authority but Approved by another Agency
	2.4	Emergency Placements by Emergency Response Team

1. Introduction and Policy

THE CHILDREN ACT 1989 (SECTION63(12) and Schedule 7) prescribes the ‘usual fostering limit’ of THREE children in foster homes, except in the case of one sibling group (including step siblings, half siblings and adopted siblings). In exceptional circumstances, Local Authorities have the power to grant an exemption from the usual fostering limit (THREE Children).

1.1 Policy

As a matter of policy, this Local Authority interprets this part of the Children Act 1989 as applying to each foster home rather then each foster carer. The implication of this is that the usual fostering limit that will be applied to all foster homes within the Local Authority is three foster children per household.

This guidance applies to all fostering situations i.e. task centred, permanent placements, placements with a relative or friend under the fostering regulations, shared care and respite care placements. (It also applies to private fostering arrangements).

Placing three children together should not be taken as the norm. The individual needs of each foster child, the needs of the foster carers and their own children must be taken into consideration.

A foster carer may exceed the usual fostering limit only if s/he is exempted by the Local Authority within whose area s/he lives.

An exemption is a written notice stating that the exemption is granted, naming all the children who may be fostered and stating any conditions of the exemption.

Where a foster home is outside the Local Authority boundary that has approved them, any request for exemption can only be dealt with by the Local Authority for the area in which the foster carer lives. Equally, an exemption for foster carers approved by another agency, but living within the Local Authority, can be granted only by this Local Authority.

The department must not cause an approved foster home to exceed the usual fostering limit unless an exemption has been granted. If foster carers have not been granted an exemption but they continue or propose to exceed the limit, they will be treated as running a Children’s Homes and the Children’s Home Regulations 2002 will apply. This will also apply if a person who is exempted breaches any condition of exemption or fosters a child not named in the exemption. Such situations must be referred to the Regulatory Authority e.g. Ofsted, for investigation.

When deciding whether to grant an exemption, the following should be considered:

• The number, ages and circumstances of all the children placed and/or to be placed in the foster home.
• The period of time each child is likely to be fostered.
• The relationship between the foster carer(s) and the child(ren) (i.e. are they relatives, how well do they know each other?).
• The space and capacity of the foster home and the foster carer(s) to provide adequate care and the extent to which the welfare of each child will be safeguarded and promoted.
• The effect of any other activists e.g. childminding or the number of birth/adopted children of the foster carer(s) that might affect the capacity of the carer(s), to provide sufficient care for the foster children.

Only in the most exceptional circumstances would a foster home accommodate more then 6 children (i.e. under 16 years of age), including exempted children and the foster carer’s own children.

Conditions which may qualify for an exemption including the following:-

• A child joining a sibling which, together with unrelated foster child(ren) already in placement, brings the total number of foster children over the limit.
• A placement which meets a child’s needs to be placed near to his/her home where it is known that one of the foster children will be leaving the foster home within the near future. (This will normally be interpreted as being within 21 days).
• A child returning to a known foster home (i.e. where a significant relationship exists) for a holiday periods or from the breakdown of a placement elsewhere.
• Where the placement is the best or only way to meet a child’s needs arising from his/her race, language, religion, culture or disability.

An exemption cannot be granted without the full knowledge and approval of the foster carer(s).

Foster Carer(s) who are dissatisfied or who wish to make representation with regard to a decision relating to an application for an exemption may make their representations or complaints by using the Directorates Representations (Complaints) Procedure.

Private foster carers may appeal to the court within 14 days of receipt of a notification of refusal or withdrawal of exemption from the usual fostering limit.

2. Procedure

2.1 For the Local Authority Foster Carers living in the Local Authority

Prior to the additional placement being made the Supervising Social Worker for the foster carer(s) or, where necessary, the Fostering Team's Duty Social Worker will fully complete the form 'Application for Exemption from the usual fostering limit'.

The Fostering Team Social Worker will seek the approval of the person who has the responsibility for granting or refusing an exemption. In this Local Authority this is the Agency Decision Maker upon the recommendation of the Fostering Panel - see Fostering Panel Procedure.

Where an exemption is granted, confirmation of the decision to grant the exemption must be given to the foster carer(s) (i.e. before the Social Worker leaves the child at the foster home). In urgent situations a copy of the notice of exemption must be faxed or emailed to the Social Worker placing the child.

In addition to the statutory responsibility for the child to be visited, the the foster carer(s)' supervising social worker will be required to visit them as soon as is practicable after the arrangements described in the notice of exemption come into force.

In granting an exemption, the Agency Decision Maker may impose a condition that the circumstances may be reviewed at a fixed point or in the event of a particular change. In the absence of such a condition, the exemption must be discussed at any review relating to the child placed in the foster home and at any review of the foster carer(s).

2.2 For the Local Authority Foster Carers living in another Local Authority

Where the foster carer(s) lives in another Local Authority, the procedure will be the same, except that the Fostering Team Social Worker has to seek the approval of the person who has responsibility for granting or refusing an exemption in the Local Authority in which the foster carer(s) lives.

The Fostering Team Social Worker, should contact the Responsible Person whose details are at the end of this paragraph by phone and fax the completed form to the responsible person, on deciding whether to grant or refuse an exemption, will fax the signed form back to the Fostering Team Social Worker.

The Responsible Person is:  Mike Gregory, Jubilee House, 655 Auckland Drive, Smiths Wood, SOLIHULL, B36 0SN. 

Tel: 0121 749 8143
Fax: 0121 749 8159

2.3 For Foster Carer(S) living in this Authority but approved by another Agency

Where the foster carer(s) live in this Local Authority, but is approved by another agency, the procedure will be the same, but undertaken by the Fostering Team Social Worker (or equivalent) of the other agency. They will then need to seek approval of the person who has responsibility for granting or refusing exemptions in this Local Authority (see section 2.1, For the Local Authority Foster Carers living in the Local Authority).

The agency Fostering Team Social Worker should contact the Agency Decision Maker by phone and fax the completed form to them. They will decide whether to grant or refuse an exemption and will fax the signed form back to the agency Fostering Team Social Worker.

2.4 Emergency Placements by Emergency Response Team (ERT)

For urgent needs arising out of hours the ERT Social Worker may carry out these procedures to grant an exemption. In the case of an out of hour’s placement, made by the ERT Social Worker, the maximum exemption will be two weeks from the date of placement. However, this should be reviewed by the person who has responsibility for granting or refusing exemptions in the appropriate Local Authority on the following working day.

End