Review and Termination of Approval of Foster Carers
Related guidance
The Legal Framework for a Fostering Review is set out in Regulation 28 of the Fostering Services (England) Regulations 2011 and states that the fostering service must: …review the approval of each foster carer not more than a year after approval (and after that whenever necessary, but at intervals not exceeding a year) in order to consider whether the foster carers and their household continues to be suitable.
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 for example where there are concerns about the care provided by the foster carer as a result of a complaint or allegation.
As well as formal reviews, there will be regular dialogue and feedback between the fostering worker and the foster carer.
Responsibility for planning the review lies with the supervising social worker supported by business support staff. Wigan has standard operating procedures in respect of statutory checks, foster carers require all DBS, Medical and Local Authority Childrens' services checks (internal and external) to be update every 3 years.
The dates for the review meeting are set a year in advance and this data is held within the Fostering business support system, which allows for Fostering service to maintain oversight of the carers approval and prepare appropriately for the annual reviews.
In undertaking the review, regulations state that the fostering service must:
- Seek and take into account the views of the foster carers;
- Seek and take into account the views of any child placed with the foster carer (subject to age and understanding);
- Seek and take into account the views of any placing authority which has, within the preceding year, placed a child with the foster carer (in practice this means the views of the child's social worker);
- Make such enquiries and obtain such information as they consider necessary.
Prior to the formal review, the fostering social worker will send to the foster carer a copy of the review report to enable them to prepare for the review in advance. The foster carer will have the opportunity to communicate their views verbally or in writing to the fostering worker.
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 for children who have been cared for by the foster carer for a placement since the last formal review as recorded on the social worker's end of placement report.. The fostering social worker will also seek the views of involved Independent Reviewing Officers (IROs), the child's school, health representative and parents.
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.
These views will inform the assessment undertaken by the fostering social worker.
SSW assessment report on LCS
8 weeks before the review, the following information should be collated and attached/ embedded into SSW report. The review will be scheduled at month 10 in accordance with the BAAF regulations to ensure that the carers' sign off happens at month 12 of their Approval.
|
Form/Evidence |
Where recorded |
purpose |
|---|---|---|
|
chronology |
Annual review |
Identify patterns, strength, concerns, allegations |
|
Supervision (every 2 months) |
Visits to the fostering household tab |
NMS states supervision to be completed at regular intervals |
|
Unannounced visits (once every 6 months.) |
Visits to the fostering household tab |
Unannounced visits support the safeguarding agenda and allow for observations of the child's experiences. |
|
DBS on all members of the household (18years +) |
Statutory checks tab |
DBS and Medical reviews support the suitability question for adults to continue to foster. In absence of these checks we are reliant on self-reporting, in line with Bichard findings this will leave children vulnerable and provides loopholes for those who want to harm children to exploit. |
|
TSDS (foster carers within 12 months of approval; friends and family foster carers within 18 months of approval) Evidence of development and Learning (minimum 3 annually) Mandatory course every 3 years are – induction group, TSDs, attachment, emotional validation, loss bereavement and unwanted change, first aid, CCE/CSE, ABC of trauma training, Education, recording, safer care & safeguarding. |
Post approval training tab |
NMS 20: TSDS Evidence TSDS |
|
Previous Minutes of Annual Review at FCP/A.R |
Attach as document |
To ensure that SSW and carers are aware of the recommendations from previous panel/review and are taking steps to address these through the year. To ensure that all are aware of the terms of approval and this is reviewed appropriately in all subsequent reviews. |
|
Post Placement reviews |
Attach as document |
Informs good practice, identifies any issues in practice & informs action plans. This will also support wider organisational learning which Fostering service use to inform their wider service plan. |
|
Children and Young people's feedback. |
Summary of key points in feedback section & attach as document |
NMS ‘the wishes, feelings and views of children are taken into account in monitoring foster carers'. Regulation 28(3) (b) seek and take into account the views of any child or young person who is residing with their care and those during the review period but are no longer there. Information required to undertake a meaningful review (See VOC policy work) |
|
Sons & Daughters Feedback. |
Summary of key points in feedback section & attach as document |
Children play an important role, ensure they are included in considerations about whether to continue to foster, discuss things that have been problematic. Identify the practical emotional support offered by adult members and/or any needs they have which are supported by foster carers. |
|
Childcare Social worker report. |
Summary of key points in feedback section & attach as document |
Regulation 28(3)(b) requires the fostering service to take into account the views of the placing authority for any child placed within the preceding year. This is a supplement report to inform SSW report around Foster carers practice. This narrative provides the FIRO with the Child's SW view of the placement and supports the SSW to address any areas for strength and development with the carer. |
|
Information from IRO. |
Summary of key points in feedback section & attach as document |
This is a supplement report to inform SSW report around Foster carers practice. This narrative provides the FIRO with the Child's IRO view of the placement and supports the SSW to address any areas for strength and development with the carer |
|
Information from Education and/or Virtual School. |
Summary of key points in feedback section & attach as document |
By obtaining the educational feedback not only does it provide opportunity to understand the educational attainment but will allow us to ensure that carers are engaged in all aspects of the child's life and that the child is valued within the home. This is a supplement report to inform SSW report around Foster carers practice. |
|
Parental feedback. Form 5 |
Summary of key points in feedback section & attach as document. |
No legal requirement but good practice and demonstrates a commitment to working in partnership with birth family. Parents are well placed to comment on whether their contact is being promoted. Fostering service will use the feedback to inform training schedules, development, learning and reflection, sharing good practice across their service. Clearly some circumstances where it is not appropriate however this should be demonstrated. |
|
Foster Carer written Feedback. |
Summary of key points in feedback section & attach as document |
Reflection on period of caring for children. Give detailed and specific examples of work with the children they have cared for. Their strengths and areas of development. Comments on working with others. Developing their own knowledge. Provide comments on their support and improving the service, this supports the opportunities available for reflection and development. |
|
Safe Care document – per child/young person. |
Referred to in fostering household checks tab & attach as document. |
Identify children's individual safe care needs and completion of risk assessment where appropriate. Supports the narrative from SSW about how the carers are supported to care safely for our |
|
H&S Checklist for Assessment. Fire safety plan |
Referred to in fostering household checks tab & attach as document. |
The annual household check requires that all parts of the home are checked including the foster carers bedroom, this supports our safeguarding responsibilities to provide safe care. |
|
Bedroom Assessment (if room sharing link in with safe care) |
Referred to in fostering household checks tab & attach as document. |
To ensure that each child placed with our carers has access to their own private space and we are supportive of the individual needs of each child. Every child over age 3 should have their own bedroom. If sharing they should have an agreement by each LA stating own space are within bedroom – bedroom assessment? |
|
Pet Questionnaire for Foster Carers. |
Referred to in fostering household checks tab & attach as document. |
Many children thrive when offered the opportunity to care for an animal it can provide comfort and a sense of belonging, for other children allegations and anxiety may be apparent. The Pet assessment should consider this along with levels of aggression the animal may display to support matching processes. |
|
Personal Development Action Plan |
Personal Development Plan Tab |
Identify areas of training and development to support future fostering role. |
Review at Short Notice
When a review is necessary within 6 working days to allow for a child place temporarily outside of approval terms to lawfully remain with a particular fostering family, the review still needs to be robust and full and consideration to change terms of approval may be limited e.g. to a specific child. There may be reason to bring such changes back for early review.
Before the Planned Annual Review meeting
The supervising social worker review assessment report needs to be comprehensive. It should provide detailed evidence about foster carers and their household and offer a picture of their fostering experience over the period since their previous review. While this is a significant piece of work, it should be an integral part of an ongoing process that reflects the relationship between the foster carers and the SSW. The content of the report should not therefore offer any surprises to the foster carer, as any matters of concern should have already been discussed with them in the context of a supervisory relationship.
The SSW's report is evaluative. This means that the SSW is required to analyse and synthesise the material they present in their report to enable: evidence – based judgements to be made about the quality of the foster carers work; whether or not they and their household continue to be suitable to foster and if so whether their current terms of approval; are still appropriate.
It is the responsibility of the SSW to make sure that there is a sufficient breadth of contribution reports which are incorporated in the foster carers review. Any challenges in respect of obtaining this information should be brought to the attention of their manager. However, the onus remains on SSW to collate information e.g., in the case of lack of information from the childcare social worker or feedback from children who have moved on, research and analyse statutory visiting, care planning etc.
Terms of approval – SSW must be clear and accurate when recording existing terms of approval. These should be taken word for word from the previous ADM.
3 weeks before the review meeting SSW should have completed SSW annual review assessment report for Annual review via LL and it should be sent to Advanced Practitioner /Team manager for Q.A, consideration, and comment. This is recorded in ‘Team Managers Observations' on form. This will enable any changes to the report to be made or developed.
If there is information or views contained in the report that the foster carer is unaware of, or significant criticism of a carers, good practice would dictate that the SSW considers the best way to share the papers.
2 weeks before the review meeting AP/Team Manager will send the SSW review assessment report to the FIRO tray via LL. A 2 weeks period prior to the meeting will allow the FIRO to seek clarification in advance of the meeting where necessary and will also allow the foster carer to consider and reflect on any comments about practice.
Upon receipt FIRO will confirm agenda and organise the review meeting via MS teams, Home visit or office visit.
The review will be informed by a meeting chaired by a Fostering Independent Reviewing Officer (FIRO) and held between the fostering worker and the foster carer at the foster home. At the review meeting, the agenda will include an appraisal of the foster carer's training and development needs, an evaluation of the training received since the last review, the foster carer's views of the service and support provided as well as the appropriateness of placements made and the care provided by the foster carer.
Having read the papers the FIRO will set an individualised agenda which addresses issues which have been raised in the reports. If required, the meeting will take place in 2 parts.
Part 1: FIRO will meet with SSW to seek any further clarification (if required). Here SSW will be asked about matters such as absent information/feedback or gaps in the assessment.
Part 2: Foster carers will join the meeting.
If the meeting is robust it will service as an important quality assurance mechanism for the fostering service. In summary the review meeting will consider:
- Whether recommendations made at the previous review have been acted upon;
- Any significant changes for the foster carers and their family since the last review;
- Whether checks and other requirements are up to date and completed in line with the policy of the fostering service (every 3 years unless stated otherwise);
- The impact of fostering on any birth children in the family;
- The quality of the care provided for fostered children and younger people and the extent to which their needs have been met;
- Working relationships with the fostering service and others, including other professionals and birth families;
- The foster carer's training and development over the review period and for the future;
- The support that is available to the foster carer and any feedback that they may have for the fostering service;
- Whether the foster carer's terms of approval are appropriate or whether they need to be changed.
Within 48 hours of the review the FIRO will report their recommendation and advisory actions to the fostering service (via LL as a case note alert).
On completion of the review meeting the FIRO will prepare the reviewing officer report under the broad headings of:
- Summary of feedback;
- Impact of fostering;
- Needs of children;
- Working as part of a team;
- Carers own development.
The FIRO will summarise strengths, concerns and area of development, bringing together all the information and highlighting any differences of opinion or perspective.
The FIRO will make a clear recommendation regarding the foster carer's continued suitability and terms of approval.
It is anticipated that the FIRO will write their report within 10 working day (although IRO Handbook states 15). Where the issues are contentious or disrupted, best practice is for the reviewing officer to share their report with the foster carer and offer opportunity for a written response. In Wigan, the reviewing officer report is shared with all foster carers via email. They will then have an opportunity to make any amendments or challenge within 5 working days of receipt. Any amendments will be considered, and written documentation attached to the LL assessment. If no response is received it will be assumed that the foster carers are in agreement with the report. Any objections will be recorded and considered.
Upon receipt and consideration of any foster carer review comments or time elapse, the Fostering team manager will complete the fostering manager report and respond to any feedback from foster carers (within 5 weeks of review).
The foster carer should have the opportunity to put their views on the recommendations in writing to be presented to the Fostering Panel or the Agency Decision Maker (Fostering) when the review report is considered.
A report must be presented to the Fostering Panel on the foster carer's first review for a recommendation and thereafter may be presented to the fostering panel. This may include where significant changes to the foster carer's approval or the termination of the foster carer's approval are recommended or where any circumstances exist which in the opinion of the Agency Decision Maker require consideration by the Fostering Panel. This may include the situation where an updating Disclosure and Barring Service check reveals a new concern about the foster carer or a member of the household.
In Wigan, the first review after approval must be presented to the fostering panel (FCP), and any subsequent reviews may be presented to the fostering panel at the discretion of the fostering service. In Wigan, this refers to significant incidents, disruption, concern and/or allegation.
In Wigan, Annual Reviews are also presented at FCP every 3 years.
Other Annual Reviews are presented to the Fostering Independent Reviewing Officers (FIROs).
Whether presented to the fostering panel or not, 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 FIRO will present the review findings and recommendations to the Fostering Panel or 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.
The ADM will complete the Agency Decision Sheet within 5 working days of the review. The ADM will ensure that review is Hofstetter v LB Barbet and IRM (2009) compliant. The ADM will independently make their decision/ qualifying determination demonstrating their reasons for that recommendation and any comments. Additionally, they will be provided ‘advice to the fostering service' this enables the ADM to demonstrate their quality assurance role and to contribute to practice developments in the fostering service. This is the conclusion of the review.
The ADM will return the decision sheet to fostering service. Within seven working days of having received that decision or qualifying determination, the ADM must ensure that written notification of the decision or qualifying determination has been provided to the foster carer.
The outcome of the review and any actions will be recorded in the Panel/ADM form in Liquid Logic by the Fostering Admin Team.
Where the Review recommends the termination of approval of the foster carer, see Section 9.1, Proposal to Terminate Foster Carer's Approval.
Where the Fostering Panel's recommendation is for a different category of approval, see Section 9.2, Proposal to Revise the Terms of the Foster Carer's Approval.
Where the foster carer has decided to give up fostering, see Section 11, Resignation by Foster Carers.
The foster carer will be informed in writing by the fostering worker of the outcome 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 they must be advised that if they wish to challenge the decision, they have the opportunity to make representations to the Agency Decision Maker or to request a review by an Independent Review Panel under the Independent Review Mechanism as set out in the Assessment and Approvals of Foster Carers Procedure, Representations / Independent Review Procedure. Notification/representations/ will need to be received by the Panel Administrator within 28 days of the date of the notice of the decision being sent to them. The Panel Administrator will then notify the foster carer within 7 working days of the date when the Panel will reconsider the matter.
The foster carer will not have the right to request a review by an Independent Review Panel if they are 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. Where a foster carer wishes to make representations in person, the Panel Chair may consider the Panel meeting as a smaller quorate sub-group.
The Panel will make a new recommendation in relation to the foster carer and a final decision will be made by the Agency Decision Maker taking into account any fresh recommendation made by the Panel.
Written notice of the final decision, together with reasons, must then be sent to the foster carer within 7 working days of the 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.
9.2.1 Where the Foster Carer is in Agreement
Where, as a result of a review, 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.
9.2.2 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 9.1, 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, 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. The foster carer cannot withdraw their notice once it has been received, nor can the Agency Decision Maker decline to accept the resignation. Should a foster carer who has resigned subsequently wish to foster again, they will need to be assessed under the procedure for Assessment and Approvals of Foster Carers Procedure. There is no requirement for the fostering panel to be notified of resignations. However the panel may find it helpful to be advised, as part of its monitoring role.
Last Updated: May 1, 2024
v14
