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Contents

1. Introduction
2. Panel Membership
3. Agency Decision Making
4. Panel Members' Responsibilities
5. Notification Procedure
6. Exemptions Outside Carer's Registration
7. Representations/Independent Review

1. Introduction

The Fostering Panel considers:

• Applications to foster, including the number, gender and age range of children the applicant is approved for, including the assessment of Family, Friends and Connected Persons (Regulation 24 placements. See Placement with Connected Persons Procedure;
• Reviews of foster carers, both one year following their initial approval and following any significant issue or allegation;
• Changes to the terms of approval of foster carers;
• Terminations of approval of foster carers and referrals to the Independent Review Mechanism.

The Fostering Panel meets on a monthly schedule but may also arrange additional meetings where necessary. The Panel Administration Team are responsible for ensuring that all panel documentation is circulated to members at least one week before the meeting is due, for making all room booking, refreshment and other practical arrangements and for undertaking the necessary Framework actions prior to and following panel.

It is essential that the reports and recommendations provided to the Fostering Panel conform to all statutory and regulatory requirements and provide a sufficient basis on which the panel can base a decision. Team Managers are at all times responsible for ensuring a) that all statutory checks have been completed prior to submission to panel b) that there is a sufficient and consistent level of information and analysis within the report and that all recommendations are properly supported

Reports for the Fostering Panel must be submitted to the Agency Advisor a minimum of 3 weeks before the panel date in order to provide sufficient time to rectify any problems or issues and then reach the Panel Secretariat a minimum of 2 weeks before the panel meeting.

The social worker must attend the relevant panel and is responsible for briefing and supporting the prospective foster carer (who can bring a supporter), who must be invited to both initial applications and reviews. In certain circumstances e.g. where social workers have not previously presented to panel or where there are particularly complex or contentious circumstances the Team Manager or Deputy Team Manager should also attend.

All Fostering recommendations, along with the panel minutes, papers and legal advice are to be sent to the Agency Decision Maker, who makes the final decision on behalf of the agency.

2. Panel Membership

There is no fixed panel membership or maximum number of members or maximum tenure of office.

The membership must be drawn from a Central List of persons with the appropriate qualifications and/or experience, including one or more social workers who have at least three years' relevant post-qualifying experience.

Where it is considered that someone is unsuitable to be on the Central List, they must be given one months' notice in writing and reasons for the decision to end their inclusion on the list. The Chair will be appointed by the Designated Manager (Fostering Panel Appointments) and will be a senior manager with responsibility for the fostering service or an independent person. (As from 1st October 2011 an Independent Chair must be appointed).

The Designated Manager must also appoint up to two Vice Chair's, whose role is to chair the Panel when the Chair is unavailable.

Reasonable expenses relating to attendance can be met, including travelling expenses and childcare; there is an allowance for attending training sessions plus travel expenses.

All Panel members must have been the subjects of a satisfactory Criminal Records Bureau (CRB) checks before taking up their appointment. These CRB checks should be kept up to date and recorded, including the date when the checks were made. Personal and work references will also be obtained in writing and must be satisfactory.

Each member must be provided with written information on appointment of their performance objectives, including their participation in induction and other training and safeguarding the confidentiality of records and information submitted to Panel. They will be asked to sign an agreement with the fostering service, in relation to his or her membership, covering the service expectations (including the requirement to report any involvement in criminal proceedings), confidentiality issues and commitment to anti-discriminatory practice.

All Panel members will also be required to attend at least one Panel meeting as an observer before taking up their membership. Panel members should complete induction training within 10 weeks of joining the Central List, have access to appropriate training and skills development and have the opportunity to attend joint training with fostering staff at least annually.

The quorum is 5 provided that the following are present:

1. Either the Chair or one of the Vice Chairs (in the absence of the chair). If the meeting is conducted by the vice chair who is not independent, there must be at least one other member of the panel who is independent;
2. One of the social worker representatives with at least three years post qualifying experience;
3. Three (or in the case of a joint panel, four) other members.

Panel members may request any relevant information or assistance they require, including medical or legal advice, from the fostering agency and, if so requested, this must be provided by the fostering agency.

There must be a process for review of the performance of Panel members (including of the Panel chair by the agency decision maker) and for the performance management of members. Where necessary the termination of the appointment must be considered.

Where there are concerns about a Panel member's behaviour either inside or outside the meetings, and this cannot be dealt with by advice, training and/or information, this will raised by the Chair with the Designated Manager (Fostering Panel Appointments). 

The Designated Manager will decide whether someone is unsuitable to be on the Central List and therefore to end the appointment and if so, will advise the member in writing giving one month's notice and clear reasons for the decision.

Panel members may resign by giving one month's notice to the Designated Manager (Fostering Panel Appointments).

Conflict of Interest

Any Panel member who has direct knowledge (either personal or professional) of an item being presented must declare an interest. The Chair will decide whether that interest is such to prevent the member from participating in the discussion or reaching a decision.

3. Agency Decision Making 

The Panel's recommendation sheets must be passed to the Agency Decision Maker within one week of the Panel meeting, alongside a draft copy of the minutes. The Agency Decision Maker may need to meet with the Chair to seek clarification of particular issues, however responsibility remains with the Agency Decision Maker.

The Agency Decision Maker must sign each recommendation, confirming that they accept the Panel recommendations or outlining an alternative decision. The minutes must be signed by the Chair and held centrally by the Panel Administrator, with a copy of the Panel extract being placed on the applicant's case file along with a copy of the signed decision sheet.

Framework Actions Panel administrator uploads draft minutes and recommendation forms for each case discussed onto Framework and sends to the agency decision-maker. Agency decision maker agrees recommendations > Panel administrator records outcome, writes to applicant and notifies decision to carers register (under development), Team Administration and social worker Agency decision maker defers decision > Agency decision maker does not agree recommendation

4. Panel Members' Responsibilities

Panel members are responsible for:

• Familiarising themselves with appropriate guidance, policies and procedures both during their initial induction period and as part of their ongoing development. This includes the guidance in Effective Fostering Panels (BAAF 2007), Lambeth policies and procedures and further regulations and good practice guidance when issued;
• Preparing for panel meetings through reading all papers thoroughly in advance and noting issues and concerns;
• Contributing to effective decision making through attention to the areas noted on p25 and 26 of Effective Fostering Panels and through relevant and concise contributions to discussions;
• Maintaining strict confidentiality of all panel proceedings; for storing all papers securely, and for returning them following panel meetings;
• For attending panel meetings regularly and punctually and for giving at least one week's prior notice to the panel administrator of any planned absence;
• Contributing to the overall smooth running and development of the panel, e.g. through contributing to the annual review.

Decision Making by Panel

The panel is responsible for taking balanced and informed recommendations in line with regulatory requirements and good practice guidance. It is the panel chair's responsibility to conduct business to ensure both that all members have an opportunity to ask relevant questions and to help members move to a recommendation within a reasonable period of time.  Deferment of a recommendation should take place only where there are factual issues in need of clarification or where there are significant omissions within the assessment and not due to disagreement between panel members.

Where there are significant areas of difference the chair should attempt to narrow these and where necessary will accept a majority decision, ensuring that the reasons for the minority opinion are clearly noted in the panel minutes. The chair does NOT have a casting vote or greater say than any other panel member.

In rare cases where there is a 'split' decision this should be referred to the agency decision maker, ensuring that the minutes represent the views expressed on both sides. The chair should discuss such circumstances fully with the agency decision maker.

No 'in principle' recommendations can be made by panel in the absence of complete information, particularly statutory checks.

5. Notification Procedure

On the day of the panel the assessing Social Worker will inform the applicants of of the Panel's recommendation. The assessing Social Worker must visit the applicants as soon as possible following the panel meeting to explain and discuss the next steps to be taken. This will vary according to individual circumstances: kinship carers may already have a child in place; new task-centred carers may require support in anticipation of their first placement. Thorough and transparent assessment practice should avoid unforeseen outcomes at this stage as far as possible.

The assessing Social Workers will notify the team administrator of the panel recommendations for all foster carers presented to the Lambeth Fostering Panel.

The applicants will be informed in writing by the Panel administrator of the Fostering Panel recommendations and Agency decision. If the Agency Decision Maker decides not to approve an application, the letter will also inform the applicants of their right to make representation.  If representations are not received within 28 days, the Agency Decision Maker may confirm their decision.

Applicants approved to foster will be required to sign the Foster Care Agreement by the assessing Social Worker. This will then be countersigned by the Supervising Social Worker, the Team Manager and the Head of Service on behalf of the Department.

Framework actions Following panel the Panel Administrator should enter the panel's recommendations on the appropriate format, upload the draft minutes and send this as a task to the agency decision-maker Further development needed

6. Exemptions Outside Carer's Registration

Paragraphs 2 and 3 of Schedule 7 of the Children Act 1989 set a usual fostering limit of three children unless all the children fostered are siblings, in which case the carer is exempted from the usual fostering limit. A foster carer may only exceed the usual fostering limit if the local authority covering the area in which they live grants an exemption them from it.  The Lambeth Head of Service is therefore only able to grant exemptions in respect of foster carers who are resident within the borough; all others must be directed to the appropriate local authority.  Please note that an exemption is a temporary measure only for a maximum of 12 weeks only: a carers terms of approval can only be changed by recommendations of the Fostering Panel

Exemptions must relate to named children and in considering whether to grant and exemption the authority must have regard to:

• The number, ages and circumstances of children whom the foster family proposes to foster;
• The arrangements which the foster family proposes for the care, accommodation and welfare of all the children living in the household;
• The period of time for which the foster carer propose to foster the children;
• Whether the welfare of the foster children (and of any children who are or will be living in the accommodation) will be safeguarded and promoted.

Agreement for exemptions to the usual fostering limit is made by the Head of Service Adoption, Fostering and Access to Records.  Where the exemption is likely to be needed for a period of more than twelve weeks the case must be presented to the next available Panel.

Wherever possible and in all cases of planned placements of children, an exemption must be obtained prior to a child or young person being placed. Where this is not possible then an exemption must be applied for within 48 hours of a child or young person being placed.

The request for an exemption must be made on the appropriate framework format to the Head of Service.  It should include the information detailed in the exemptions above, a brief assessment of the implications for the children concerned of the normal fostering limit being exceeded and details of any extra support and supervision to be given by the fostering service. The Head of Service's decision will form part of the Foster Carers record and must be notified to them in writing by the Team Administrator. 

Exemptions to other aspects of the carer's registration e.g. age range can be likewise be agreed by the Head of Service.

Any exemption granted by the Head of Service should be for the minimum time necessary - any arrangement expected to last for more than 28 days must be submitted to the Fostering Panel to amend the carer's terms of approval.

Framework Actions Social worker completes exemption request form and sends to Head of Service Head of Service makes decision a) > not agree b) > agree and if so for how long Team administrator amends Carers Register

7. Representations/Independent Review

If a decision is made to refuse an application, the applicant will be forwarded a letter to advise them that if they wish to challenge the decision they should submit representations within 28 days of the date of the written notice of the decision.

They will also be notified they may exercise the right to apply to the Secretary of State to request a review of the decision by an Independent Review Mechanism Panel. Any such application must be made in writing within 28 days of the decision and supported by reasons.

If no written representations or notification of a request for a review are received within this period, the decision to refuse the application can be confirmed.

7.1 Review by the Fostering Panel

If written representations are received within the period, arrangements will be made for the reports and other documentation to be reconsidered by the Fostering Panel, taking into account the written representations, and make a new recommendation to the Agency Decision Maker.

The applicants will be advised within 7 days of the date of the Panel meeting when they can attend and their written representations will be considered.

In these circumstances, applicants who wish to attend the meeting of the Fostering Panel can arrange for a friend or supporter to accompany them.

After considering the representations, the Panel will make further recommendations either confirming or amending their previous views, which the Agency Decision Maker will consider before a final decision is made.

If the decision remains not to approve the application, the applicants will be informed verbally within 2 working days. Written notice of the final decision, together with reasons, must be sent to the applicant by the Panel Adviser within 7 working days of the Panel meeting.

The following information should be forwarded to the applicants:

• Information about the Complaints Procedure must also be sent;
• A copy of the report to the Panel, the Panel’s recommendation and the decision, with reasons, must be retained on the applicant’s case file;
• Information about the Independent Review Mechanism.

7.2 The Independent Review Mechanism

For more information about the Independent Review Mechanism (IRM) click on the link to go to the IRM website.

If the applicant decides to refer the matter to an Independent Review Mechanism, the relevant Panel reports, any new information obtained since the Panel meeting, a record of the decision made and reasons, a copy of the written notification of the decision and a copy of the Panel minute, if different, will be sent to the Independent Review within 10 working days of their written request.

The procedure for the Independent Review is carried out by BAAF; the applicant and two representatives of the fostering agency will be invited to attend the Independent Review.

After considering the representations, the Independent Review may make a recommendation, which the Agency Decision Maker will consider before a final decision is made.

Written notice of the final decision, together with reasons, must be sent to the applicant within 7 working days of the receipt of the Independent Review recommendation.

End