Review and Termination of Approval of Foster Carers
Scope of this chapter
Note:
For more detailed guidance please see the following guidance documents in the Documents Library:
F2 Foster Carer Annual Review
F3 Approval of Family and Friends for Specific Children
F4 Temporary approval of Family and Friends for Specific Children
F5 Medicals for Foster Carers
F6 Promoting Positive Behaviour – Managing Challenging Behaviour in Foster Homes
F9 Usage and Deregistration of Foster Carers
F12 Safe Care for Foster Carers
Related guidance
Formal reviews of foster carers will take place at least annually.
Reviews will take place more frequently in the event of a significant change in circumstances of a foster carer and can be requested by the foster carer or fostering social worker for example where there are concerns about the standards of care provided by the foster carer as a result of a complaint or allegation following a section 47 enquiry or investigation, disruption of a permanent placement, a significant health issue, concerns arising from an updated DBS check or recommendation for a change of approval (all carers should be approved for up to 3 placements, 0 – 18 years or 5 – 18 years if they smoke).
Where a foster carer/s review is required because of the above circumstances the SSW must inform the Independent Reviewing Officer (Child Placement Quality Assurance) and the IRO Admin staff to arrange the review. Future reviews will take place 11 months after this review. Foster carer/s reviews should not normally be cancelled and only by agreement with the chair as soon as possible.
As well as formal reviews, there will be regular dialogue and feedback between the fostering worker and the foster carer.
The IRO Admin team will notify the Supervising Social Worker (SSW) and Independent Reviewing Officer (IRO) by email that the review is due three months before the due date. The SSW consults with the IRO and the foster carers to agree a time/ date and venue of the review. The SSW completes the booking form and sends to the IRO admin within 7 working days of receiving the notification. Booking form should indicate whether foster carers are on Egress email and document all placements within the year.
The IRO Admin will send a letter confirming the arrangements for the review to the foster carer/s. The IRO Admin officer at the same time will send the consultation document and SAE to the foster carer/s.
The foster carers should return their consultation report to IRO admin two weeks before the review date.
See Appendix 1: Report from Foster Carer.
Prior to the formal review, the fostering social worker will send to the foster carer a copy of the SSW's review report and a copy of the Personal Development Plan (See Appendix 2 – Supervising Social Worker Report) to enable them to prepare for the review in advance. The foster carer will have the opportunity to communicate his or her views verbally or in writing to the fostering worker. The Supervising Social Worker Report will be signed by the Fostering ATM or Fostering Team Manager before being given to the IRO admin team two weeks before the review.
The fostering social worker will also, as part of the formal review, seek the views of all members of the foster carer's household as well as the written comments and opinions as to the foster carer from all social workers who have used the foster carer for a placement since the last formal review as recorded on the social worker's end of placement report. This will include contacting a social worker from outside the authority where appropriate. Post placement reports should be provided for the review.
The fostering social worker will also seek and take into account the views of any child placed with the foster carer since the last review via the child's social worker. See Appendix 3 – Social Worker report.
Where the SSW is informed of any complaints or allegations about the foster family, they should inform the IRO.
An Annual Review must be held following an allegation or serious complaint made against a foster carer.
A standard review will be carried out for all Foster Carer Annual Reviews unless an enhanced review is required. A standard review is a paper based review and does not involve a face to face meeting with the Foster Carers. Standard reviews will commence at the 10 month cycle of the initial fostering registration/following the last review.
- The review process requires that all paper contributions to the review are collated by the Supervising Social Worker (SSW) in to a pre-review pack which they will share with the Foster Carer. The pre-review pack is submitted to a monthly IRO Manager's meeting which is chaired by the IRO Manager, attended by the Fostering Manager;
- The meeting will review the pack of information and will make a decision as to whether the review will take place as a standard review or will proceed to an enhanced review;
- If a standard review is agreed the IRO Manager will conduct the review within the monthly manager's meeting using the information contained in the pre-review pack;
- IRO Fostering business support staff will complete the review record within the Manager's meeting;
- There will be a record of any required recommendations and/or actions arising out of the review;
- Confirmation as to whether the foster carer continues to be suitable to foster children;
- The guidance matching range and terms of approval will be confirmed;
- A recommendation as to whether the foster carer/s complies with the regulations and standards governing Foster Care and meets the requirements to continue as an NYCC Foster Carer.
Within two working days of the standard review meeting the Fostering Business Support Staff will ensure that the Foster Carer is sent a copy of the review record along with a signature sheet to complete and a letter confirming their approval. The Foster Carer will be asked to return the signature sheet to the Fostering service who will take responsibility for uploading it on to the LCS (computer) system
The Fostering Service will ensure all first reviews are submitted to the North Yorkshire Fostering Panel for consideration.
In the event when reviewing the pack of information the IRO/Fostering Manager feels there is insufficient information a decision to proceed with a standard review this will be deferred to the next available meeting.
If there is a disagreement regarding whether a review should be deemed to be a standard or an enhanced review and this cannot be resolved in the meeting, the issue should be escalated to the Safeguarding Unit Manger and the Placement and Fostering Manager for resolution.
An enhanced review involves a face to face meeting with the Foster Carer and where an enhanced review is to be held the IRO Manager will allocate an IRO within 5 working days of the decision to hold an enhanced review and will advise the Fostering business support staff and the SSW.
An enhanced review should always take place when:
- It is the foster carer's first year of fostering and they have children placed with them during this twelve month period. (Note in the exceptional circumstances where a foster carer has not had any children placed with them a standard review could be considered unless there are extenuating circumstances);
- There has been a significant change in the fostering household e.g. serious health issues, family bereavement where additional support needs may need to be considered. It is important than the SSW alerts the Fostering Manager and IRO Manager to any significant changes in order to consider whether an early review is required;
- Following an allegation, complaint or concern about the standard of care being afforded to a child. It is important that the SSW alerts the Fostering Manager and IRO Manager to any allegation or complaint/concern about the standard of care so that consideration can be given to whether an early review is required.
An enhanced review can be considered under the following circumstances:
- Where the Foster Carer is providing care of a child in a complex care situation which is placing excessive demands on the fostering household;
- The partnership working between the Social Worker (SW)/SSW/Foster Carer is highlighted as not working as effectively as it should do;
- There is a concern that the SW/SSW/Foster Carer is not fulfilling the expectations required of them.
In considering whether an enhanced review will take place the IRO manager in conjunction with the Fostering Manager will consider the view of the Foster Carer and the period of time that has passed since an enhanced review last took place.
As part of the enhanced review, a pre-review review meeting pack will follow the same process as a standard review with the SSW co-ordinating the pack which they will share with the Foster Carer.
The enhanced review meeting will be chaired by an IRO and will take place at an appropriate venue. The expectation is that where there are two foster carers in the household, both will attend along with the SSW and any other professionals felt to be appropriate.
The allocated IRO will liaise with the SSW to agree a date and time for the enhanced review meeting which is convenient for the Carer(s) to attend. If the enhanced review is an annual review it must be held within twelve months of the carers registration/last review. The IRO will access the review pack and LCS file in preparation for the review and the SSW will provide a further update to their report if this is required.
The IRO will make any required recommendations arising out of the enhanced review meeting including:
- Confirmation of whether the Foster Carer continues to be suitable to foster children;
- Confirmation of the guidance matching range and terms of approval;
- Recording a recommendation as to whether the Foster Carer's comply with the regulations and standards governing foster care and meets the requirements to continue as an NYCC Foster Carer.
The IRO will email out the recommendations of the review to the Foster Carer, SSW and Practice Supervisor within 5 working days of the review meeting and will complete the IRO review record on LCS within 15 working days of the review meeting.
Within two working days of the review record being completed on LCS the Fostering Business Support Staff will ensure that the Foster Carer is sent a copy of the review record, a signature sheet to complete and a letter confirming their approval. The Foster Carer and Supervising Social Worker must ensure the signature sheet is returned to the fostering service and the Fostering business support staff will take responsibility for uploading it on to LCS.
The Fostering Service will ensure that where required any reviews are submitted to the North Yorkshire Fostering Panel for consideration.
Where there has been no change of approval or minor changes, the foster service will write a letter to the foster carers confirming their Review outcome.
When it is the First Review or a significant change/concerns (see frequency section) a report must be presented to the Fostering Panel for a recommendation. This may include where significant changes to the foster carer's approval or the termination of the foster carer's approval are recommended.
When a report is presented to the fostering panel, the report will be presented to the Agency Decision Maker for a decision as to whether the foster carer remains suitable to foster and whether the terms of approval remain suitable. Where it has been presented to the fostering panel, the Agency Decision Maker will take into account the panel's recommendation.
The supervising social worker will present the review findings and recommendations to the Fostering Panel (and therefore also the Agency Decision Maker) in a written report which incorporates the views of the child or children placed, the written views of the foster carer and any report provided by a social worker particularly where concerns have been expressed about a placement with the foster carer. Any recommendations for change in the foster carer's approval should be highlighted in the report.
Where the Review recommends the termination of approval of the foster carer, see Section 6.1 Proposal to Terminate Foster Carer's Approval.
Where the Fostering Panel's recommendation is for a different category of approval, see Section 6.2, Proposal to Revise the Terms of the Foster Carer's Approval.
Where the foster carer has decided to give up fostering, see Section 8, Resignation by Foster Carers.
The foster carer will be informed in writing by the supervising social worker of the outcome of the review with a copy of the review.
A copy of the Review Form and a record of the outcome of the review will be retained on the foster carer's case record.
Where, as a result of a review, the termination of a foster carer's approval is proposed, written notice of the proposal and the reasons must be sent to the foster carer within 7 days of the decision and he or she must be advised that if they wish to challenge the decision, they have the opportunity to make representations to the Fostering Panel (and therefore the Agency Decision Maker) or to request a review by an Independent Review Panel under the Independent Review Mechanism. Notification/representations/ will need to be received by the Panel Administrator within 28 days of the date of the notice of the decision being sent to them. The Panel Administrator will then notify the foster carer within 7 working days of the date when the Panel will reconsider the matter. The foster carer will not have the right to request a review by an Independent Review Panel if he or she is regarded as disqualified as a result of a conviction or caution for a specified offence.
The foster carer will not have the right to request a review by an Independent Review Panel is if he or she regarded as disqualified as a result of a conviction or caution for a specified offence - see Persons Disqualified from Fostering Procedure.
If no written representations or notification of a request for a review are received within the period, a final decision to terminate can be made.
If written representations are received within the period, the matter must be referred to the Fostering Panel for further consideration. Foster carers wishing to make representations in person to the Panel may be accompanied by a friend or supporter.
The Panel will make a new recommendation in relation to the foster carer and a final decision will be made by the Agency Decision Maker taking into account any fresh recommendation made by the Panel.
Written notice of the final decision, together with reasons, must then be sent to the foster carer within 7 working days of the decision.
Where the termination of the approval of a foster carer is being considered, plans for the termination of any current placement will also be required and made as appropriate.
Where the approval is terminated, the Agency Decision Maker, in consultation with the Local Authority Designated Officer (LADO) will decide whether to refer the former foster carer to the Disclosure and Barring Service for inclusion of the carer's name on the Children's Barred List.
6.2.1 Where the Foster Carer is in Agreement
Where, as a result of a review, the it is proposed to revise the terms of the foster carer's approval, a statement must be sent to the foster carer setting out whether it is considered that the foster carer or members of their household (including any children placed there) may have additional support needs as a result of the proposed revision and, if so, how those needs will be met, and request the foster carer's agreement in writing to the proposed revision of terms.
Where the foster carer's written agreement is received, the decision to revise the terms of approval may be made immediately.
The Agency Decision Maker's decision in such circumstances is not a Qualifying Determination and the foster carer may not apply for an independent review of the decision by way of the Independent Review Mechanism.
Foster carers must not be pressured to accept changes to their terms of approval.
6.2.2 Where the Foster Carer is not in Agreement
Where the foster carer does not agree in writing to the revision of their terms of approval, then the representations/review procedure as set out in Section 6.1 Proposal to Terminate Foster Carer's Approval will apply.
Disclosure and Barring Service checks should be updated every 3 years and if necessary, a review of the foster carer's approval should be carried out immediately to take account of any new information.
See Persons Disqualified from Fostering Procedure
Whilst there is no statutory time interval, as good practice medical information should also be updated at least every 3 years by writing to the foster carer’s GP. In the event of any serious concerns about the foster carers health, an updated medical will be requested of the carers and a review of the foster carers' approval should be carried out immediately.
A foster carer may give written notice at any time of their wish to resign from the role. Once written notice has been given, their approval will automatically be terminated 28 days after receipt of the notice. Should a foster carer who has resigned subsequently wish to foster again, they will need to be assessed. There is no requirement for the fostering panel to be notified of resignations. However the panel may find it helpful to be advised, as part of its monitoring role.
Last Updated: November 24, 2023
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