The Fostering Services (England) Regulations 2011

PART 5 E+W Approval of Foster Parents

Constitution and membership of fostering panel E+W

23.—(1) The fostering service provider must maintain a list of persons who are considered by them to be suitable to be members of a fostering panel (“the central list”), including one or more social workers who have at least three years' relevant post-qualifying experience.

(2) A person who is included in the central list may at any time ask to be removed from the central list by giving one month's notice in writing.

(3) Where the fostering service provider are of the opinion that a person included in the central list is unsuitable or unable to remain on the list, the fostering service provider may remove that person's name from the list by giving them one month's notice in writing.

(4) Subject to paragraph (5), the fostering service provider must constitute one or more fostering panels, as necessary, to perform the functions of a fostering panel under these Regulations, and must appoint panel members including—

(i) a person to chair the panel who, in the case of any appointment made after 1st October 2011, must be independent of the fostering service provider, and

(ii) one or two persons who may act as chair if the person appointed to chair the panel is absent or that office is vacant (“the vice chairs”)

from the persons on the central list.

(5) A fostering panel may be constituted jointly by any two or more fostering service providers, in which case the appointment of members must be made by agreement between the fostering service providers.

(6) A local authority may pay to any member of a fostering panel constituted by them such fee as they may determine, being a fee of a reasonable amount.

(7) The fostering service provider must 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 panel.

(8) Any fostering panel member may resign at any time by giving one month's notice in writing to the fostering service provider which appointed them.

(9) Where a fostering service provider are of the opinion that any member of the fostering panel appointed by them is unsuitable or unable to continue as a panel member, they may terminate that member's appointment at any time by giving the member notice in writing.

(10) For the purposes of this regulation and regulation 24—

(a) a person is not independent of the fostering service provider if—

(i) they are currently approved by the fostering service provider as a foster parent,

(ii) in the case of a local authority fostering service, the person is an elected member of that local authority, or is employed by that local authority for the purposes of the fostering service or for the purposes of any of that local authority's functions relating to the protection or placement of children, or

(iii) in the case of a fostering agency, the person is employed by, or is a trustee of, that fostering agency, and

(b) ‘social worker’ means a person who is registered as a social worker in [F1 Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained] by the Care Council for Wales under section 56 of the Care Standards Act 2000 M1 , or in a corresponding register maintained under the law of Scotland or Northern Ireland.

Textual Amendments

F1 Words in reg. 23(10)(b) substituted (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 91

Marginal Citations

M1 Section 56 was amended by regulations 230 and 232(a) of S.I. 2007/3101.

Meetings of fostering panel E+W

24.—(1) No business may be conducted by a fostering panel unless at least the following meet as the panel—

(i) either the person appointed to chair the panel or one of the vice chairs,

(ii) one member who is a social worker who has at least three years' relevant post-qualifying experience, and

(iii) three, or in the case of a fostering panel established under regulation 23(5) four, other members, and

where the 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.

(2) A fostering panel must make a written record of its proceedings and the reasons for its recommendations.

Functions of fostering panel E+W

25.—(1) The functions of the fostering panel in respect of cases referred to it by the fostering service provider are—

(a) to consider each application for approval and to recommend whether or not a person is suitable to be a foster parent,

(b) where it recommends approval of an application, to recommend any terms on which the approval is to be given,

(c) to recommend whether or not a person remains suitable to be a foster parent, and whether or not the terms of their approval (if any) remain appropriate—

(i) on the first review carried out in accordance with regulation 28(2), and

(ii) on the occasion of any other review, if requested to do so by the fostering service provider in accordance with regulation 28(5), and

(d) to consider any case referred to it under regulation 27(9) or 28(10).

(2) In considering what recommendation to make under paragraph (1), the fostering panel—

(a) must consider and take into account all of the information passed to it in accordance with regulation 26, 27 or 28 (as the case may be),

(b) may request the fostering service provider to obtain any other relevant information or to provide such other assistance as the fostering panel considers necessary, and

(c) may obtain such legal advice or medical advice as it considers necessary.

(3) The fostering service provider must obtain such information as the fostering panel considers necessary and send that information to the panel, and provide such other assistance as the fostering panel may request, so far as is reasonably practicable.

(4) The fostering panel must also—

(a) advise, where appropriate, on the procedures under which reviews in accordance with regulation 28 are carried out by the fostering service provider, and periodically monitor their effectiveness,

(b) oversee the conduct of assessments carried out by the fostering service provider, and

(c) give advice, and make recommendations, on such other matters or cases as the fostering service provider may refer to it.

(5) In this regulation “recommend” means recommend to the fostering service provider.

Assessment of prospective foster parents E+W

26.— [F2 (1) Where a person (“X”) applies to become a foster parent and the fostering service provider decide to assess X’s suitability to become a foster parent, any such assessment must be carried out in accordance with this regulation.

(1A) Subject to paragraph (1B), the fostering service provider—

(a) must, as soon as reasonably practicable, obtain the information specified in Part 1 of Schedule 3 relating to X and other members of X’s household and family,

(b) where X has been a foster parent within the preceding 12 months and was approved as such by another fostering service provider, must request a written reference from that other fostering service provider,

(c) except in a case where (b) applies and the other fostering service provider provides the reference requested, must interview at least two persons nominated by X to provide personal references for X, and prepare written reports of the interviews,

(d) except where the fostering service provider is a local authority and X lives in the area of that authority, must consult, and take into account the views of, the local authority in whose area X lives,

(e) may, where X was approved as a foster parent by another fostering service provider and consents, request access to the relevant records compiled by that other fostering service provider in relation to X, and

(f) may, where X has been approved as a prospective adopter by an adoption agency and consents, request access to the relevant records compiled by that adoption agency in relation to X.

(1B) Where—

(a) having regard to any information obtained under paragraph (1A), the fostering service provider decide that X is not suitable to become a foster parent, or

(b) X is not suitable to become a foster parent by virtue of paragraphs (5) to (7), and paragraph (8) does not apply,

the fostering service provider must notify X in writing that X is not suitable to be a foster parent giving their reasons for that decision.

(1C) The notification in paragraph (1B)—

(a) may be given notwithstanding that the fostering service provider has not obtained all the information set out in paragraph (1A), and

(b) may not be given more than 10 working days after the fostering service provider has obtained all the information set out in paragraph (1A).

(2) Where the fostering service provider have obtained all the information set out in paragraph (1A) and have not given the notification in paragraph (1B) within 10 working days of doing so, the fostering service provider must, subject to paragraph (3)—

(a) obtain the information specified in Part 2 of Schedule 3 relating to X and other members of X’s household and any other information they consider relevant,

(b) consider whether X is suitable to be a foster parent and whether X’s household is suitable for any child,

(c) prepare a written report on X which includes the following matters—

(i) the information required by Schedule 3 and any other information the fostering service provider consider relevant,

(ii) the fostering service provider’s assessment of X’s suitability to be a foster parent, and

(iii) the fostering service provider’s proposals about any terms of approval, and

(d) notify X that the case is to be referred to the fostering panel, and give X a copy of the report prepared under subparagraph (c) inviting X to send any observations in writing to the fostering service provider within 10 working days beginning with the date on which the notification is sent.

(3) Where, having regard to any information obtained under paragraph 2(a), the fostering service provider decide that X is unlikely to be considered suitable to become a foster parent, it may prepare a written report under paragraph (2)(c) notwithstanding that the fostering service provider may not have obtained all the information about X which is required by paragraph (2)(c).

(4) At the end of the 10 working days referred to in paragraph (2)(d) (or when X’s observations are received, whichever is sooner), the fostering service provider must send—

(a) the report prepared under paragraph (2)(c),

(b) X’s observations on that report, if any, and

(c) any other relevant information obtained by the fostering services provider,

to the fostering panel.]

(5) Subject to paragraph (8), X is not suitable to be a foster parent if X, or any member of X's household aged 18 or over—

(a) has been convicted of a specified offence committed at the age of 18 or over, or

(b) has been cautioned by a constable in respect of any such offence.

(6) In paragraph (5) “specified offence” means—

(a) an offence against a child,

(b) an offence specified in Part 1 of Schedule 4,

(c) an offence contrary to section 170 of the Customs and Excise Management Act 1979 M2 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 M3 (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16,

(d) any other offence involving bodily injury to a child, other than an offence of common assault or battery, and the expression “offence against a child” has the meaning given to it by section 26(1) of the Criminal Justice and Court Services Act 2000 M4 except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 M5 (sexual activity with a child) in a case where the offender was under the age of 20 at the time the offence was committed and the child was aged 13 or over.

(7) Subject to paragraph (8), X is not suitable to be a foster parent if X, or any member of X's household aged 18 or over—

(a) has been convicted of an offence specified in paragraph 1 of Part 2 of Schedule 4 committed at the age of 18 or over, or has been cautioned by a constable in respect of any such offence, or

(b) falls within paragraph 2 or 3 of Part 2 of Schedule 4, notwithstanding that the statutory offences in Part 2 of Schedule 4 have been repealed.

(8) The fostering service provider may regard a person who falls within paragraph (5) or (7) as suitable to be a foster parent in relation to a particular child (or children), if the fostering service provider is satisfied that the welfare of that child (or those children) requires it, and either—

(a) the person, or a member of their household, is a relative of the child, or

(b) the person is already acting as a foster parent for the child.

(9) In—

(a) this regulation and Schedule 4, ‘constable’ has the meaning given in section 5 of the Police Act 1993 M6 , and

(b) this regulation, and regulations 27 and 28 and Schedules 3 and 5, a person who is living in X's household in parent and child arrangements, is a member of X's household.

Textual Amendments

F2 Reg. 26(1)-(4) substituted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 7

Marginal Citations

M2 1979 c. 2.

M3 1876 c.36. Section 42 was amended by Part 9 of Schedule 1 to the Statute Law (Repeals ) Act 1993 (c.50), and paragraph 1 of Schedule 2 to the Statute Law (Repeals) Act 2008 (c.12) and by other provisions which are not relevant to these Regulations.

M4 2000 c. 43. Section 26 is repealed by Schedule 10 of the 2006 Act on a date to be appointed.

M5 2003 c. 42.

M6 1993 c. 11.

Approval of foster parents E+W

27.—(1) A fostering service provider must not approve a person who has been approved as a foster parent by another fostering service provider where that approval has not been terminated.

(2) A fostering service provider must not approve X as a foster parent unless—

(a) they have completed their assessment of X's suitability, and

(b) the fostering panel has considered the application.

(3) A fostering service provider must, in deciding whether to approve X as a foster parent and as to the terms of any approval, take into account the recommendation of the fostering panel.

(4) No member of the fostering panel may take part in any decision made by a fostering service provider under paragraph (3).

(5) If a fostering service provider decide to approve X as a foster parent they must—

(a) give X notice in writing specifying any terms on which the approval is given, and

(b) enter into a written agreement with X covering the matters specified in Schedule 5 (the “foster care agreement”).

(6) If a fostering service provider consider that X is not suitable to be a foster parent they must, subject to paragraph (7)—

(a) give X written notice that they propose not to approve X as suitable to be a foster parent (a “qualifying determination”), together with their reasons and a copy of the fostering panel's recommendation, and

(b) advise X that, within 28 days of the date of the qualifying determination, X may—

(i) submit any written representations that X wishes to make to the fostering service provider, or

(ii) apply to the Secretary of State for a review by an independent review panel of the qualifying determination M7 .

(7) Paragraph (6)(b)(ii) does not apply in a case where the fostering service provider consider in accordance with regulation 26(8) that X is not suitable to be a foster parent.

(8) If, within the period referred to in paragraph (6)(b)—

(a) the fostering service provider do not receive any representations, and

(b) X does not apply to the Secretary of State for a review by an independent review panel of the qualifying determination, the fostering service provider may proceed to make their decision.

(9) If within the period referred to in paragraph (6)(b) the fostering service provider receive any written representations, they must—

(a) refer the case to the fostering panel for further consideration, and

(b) make their decision, taking into account any further recommendation made by the fostering panel.

(10) If, within the period referred to in paragraph (6)(b), X applies to the Secretary of State for a review by an independent review panel of the qualifying determination, the fostering service provider must make their decision taking into account the recommendation of the fostering panel and the recommendation of the independent review panel.

(11) As soon as practicable after making the decision referred to in paragraph (8), (9)(b) or (10) (as the case may be), the fostering service provider must notify X in writing and—

(a) if the decision is to approve X as a foster parent, comply with paragraph (5) in relation to X, or

(b) if the decision is not to approve X, provide written reasons for their decision.

(12) In a case where an independent review panel has made a recommendation, the fostering service provider must send a copy of the notification referred to in paragraph (11) to the Secretary of State.

Marginal Citations

M7 For provisions about the review mechanism, see the Independent Review of Determinations (Adoption and Fostering) Regulations 2009 (S.I. 2009/395) as amended by S.I..2011/581.

Reviews and terminations of approval E+W

28.—(1) The fostering service provider must review the approval of each foster parent in accordance with this regulation.

(2) A review must take place not more than a year after approval, and thereafter whenever the fostering service provider consider it necessary, but at intervals of not more than a year.

(3) When undertaking a review, the fostering service provider must—

(a) make such enquiries and obtain such information as they consider necessary in order to review whether the foster parent continues to be suitable to be a foster parent and the foster parent's household continues to be suitable, and

(b) seek and take into account the views of—

(i) the foster parent,

(ii) any child placed with the foster parent (subject to the child's age and understanding), and

(iii) any placing authority which has, within the preceding year, placed a child with the foster parent.

(4) At the conclusion of the review, the fostering service provider must prepare a written report, setting out whether—

(a) the foster parent continues to be suitable to be a foster parent and the foster parent's household continues to be suitable, and

(b) the terms of the foster parent's approval continue to be appropriate.

(5) The fostering service provider must on the occasion of the first review under this regulation, and may on any subsequent review, refer their report to the fostering panel for consideration.

(6) If the fostering service provider decide, taking into account any recommendation made by the fostering panel, that the foster parent and the foster parent's household continue to be suitable and that the terms of the foster parent's approval continue to be appropriate, they must give written notice to the foster parent of their decision.

(7) If, taking into account any recommendation made by the fostering panel, the fostering service provider are no longer satisfied that the foster parent or the foster parent's household continue to be suitable, or that the terms of the approval are appropriate, they must (subject to paragraph (8))—

(a) give written notice to the foster parent that they propose to terminate, or (as the case may be) revise the terms of, the foster parent's approval (a “qualifying determination”), together with their reasons and a copy of any recommendation made by the fostering panel, and

[F3 (aa) in any case where the fostering service provider propose only to revise the terms of the foster parent’s approval—

(i) provide a statement setting out whether the fostering service provider considers that the foster parent or members of the foster parent’s 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

(ii) request the foster parent’s agreement in writing to the proposed revision of terms,]

(b) advise the foster parent that, within 28 days of the date of the qualifying determination, the foster parent may—

(i) submit any written representations that the foster parent wishes to make to the fostering service provider, or

(ii) apply to the Secretary of State for a review by an independent review panel of the qualifying determination.

(8) Paragraph (7)(b)(ii) does not apply in a case where, in accordance with regulation 26(8), the fostering service provider are no longer satisfied that the foster parent or the foster parent's household continue to be suitable, or that the terms of the approval are appropriate.

(9) [F4 Subject to paragraph (9A)] if within the period referred to in paragraph (7)(b)—

(a) the fostering service provider do not receive any representations, and

(b) the foster parent does not apply to the Secretary of State for a review by an independent review panel of the qualifying determination, the fostering service provider may proceed to make their decision.

[F5 (9A) In a case falling within paragraph (7)(aa), where the fostering service provider receive the foster parent’s agreement in writing to the proposed revision of terms, the fostering service provider may proceed to make their decision, taking into account the statement referred to in paragraph (7)(aa)(i), notwithstanding that the period referred to in paragraph (7)(b) has not expired.]

(10) If, within the period referred to in paragraph (7)(b), the fostering service provider receive any written representations, they must—

(a) refer the case to the fostering panel for its consideration, and

(b) make their decision, taking into account any recommendation made by the fostering panel.

(11) If, within the period referred to in paragraph (7)(b), the foster parent applies to the Secretary of State for a review by an independent review panel of the qualifying determination, the fostering service provider must make their decision taking into account any recommendation made by the fostering panel and the recommendation of the independent review panel.

(12) As soon as practicable after making the decision referred to in paragraph (9) [F6 , (9A)], (10)(b) or (11), the fostering service provider must give written notice to the foster parent stating (as the case may be)—

(a) that the foster parent and the foster parent's household continue to be suitable, and that the terms of the approval continue to be appropriate,

(b) that the foster parent's approval is terminated from a specified date, and the reasons for the termination, or

(c) the revised terms of the approval and the reasons for the revision.

(13) A foster parent may give notice in writing to the fostering service provider at any time that the foster parent no longer wishes to be a foster parent, in which case the foster parent's approval is terminated with effect from 28 days from the date on which the notice is received by the fostering service provider.

(14) A copy of any notice given under this regulation must be sent to the placing authority for any child placed with the foster parent (unless the placing authority is also the fostering service provider), and the area authority for any child placed with the foster parent.

(15) In a case where an independent review panel has made a recommendation, the fostering service provider must send a copy of the notification referred to in paragraph (12) to the Secretary of State.

Textual Amendments

F3 Reg. 28(7)(aa) inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 8(a)

F4 Words in reg. 28(9) inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 8(b)

F5 Reg. 28(9A) inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 8(c)

F6 Word in reg. 28(12) inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 8(d)

Information to be sent to the independent review panel E+W

29.—(1) This regulation applies where the fostering service provider receive notification from the Secretary of State that a person has applied for a review by an independent review panel of a qualifying determination under regulation 27(6)(b)(ii) or 28(7)(b)(ii).

(2) The fostering service provider must send the following documents and information to the Secretary of State within ten working days of receipt of the notification referred to in paragraph (1)—

(a) a copy of any report prepared, and of any other documents referred to the fostering panel, for the purposes of regulations 26, 27 or 28 (as the case may be),

(b) any relevant information in relation to X or the foster parent (as the case may be) which was obtained by the fostering service provider after the date on which the report was prepared or the documents referred to the fostering panel, and

(c) a copy of the notice, and of any other documents, sent in accordance with regulations 27(6)(a) or 28(7)(a).

Case records relating to foster parents and others E+W

30.—(1) A fostering service provider must maintain a case record for each foster parent approved by them which must include copies of the documents specified in paragraph (2) and the information specified in paragraph (3).

(2) The documents referred to in paragraph (1) are—

(a) the report prepared under regulation 26(3)(b) and any other reports submitted to the fostering panel,

(b) any recommendations made by the fostering panel,

(c) the notice of approval given under regulation 27(5)(a),

(d) the foster care agreement,

(e) any report of a review of approval prepared under regulation 28(4), and

(f) any notice given under regulation 28(12).

(3) The information referred to in paragraph (1) is, as the case may be—

(a) a record of each placement with the foster parent, including the name, age and sex of each child placed, the dates on which each placement began and terminated, and the circumstances of the termination,

(b) the information obtained by the fostering service provider in relation to the assessment and approval of the foster parent, and in relation to any review or termination of the approval.

(4) A local authority must maintain a case record for each person with whom a child is placed under regulation 24 of the Care Planning Regulations (temporary approval of relative, friend or other person connected with the child) [F7 or regulation 25A of those Regulations (temporary approval of prospective adopter as foster parent)] which must include in relation to that person—

(a) a record in relation to the placement, including the name, age and sex of each child placed, the date on which the placement began and, if the placement has been terminated, the date and circumstances of the termination, and

(b) the information obtained in relation to the enquiries carried out under regulation 24(2) [F8 or regulation 25A (as appropriate)] of the Care Planning Regulations.

(5) The fostering service provider must compile a record for each person whom they do not approve as a foster parent, or who withdraws their application prior to approval, which must include—

(a) the information obtained in connection with the assessment,

(b) any report submitted to the fostering panel and any recommendation made by the fostering panel, and

(c) any notification given under regulation 27.

Textual Amendments

F7 Words in reg. 30(4) inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 9(a)

F8 Words in reg. 30(4)(b) inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 9(b)

Register of foster parents E+W

31.  The fostering service provider must maintain a register (a “register of foster parents”) and enter in it the following particulars in relation to each foster parent—

(a) name, address, date of birth and sex of each foster parent and, in the case of a local authority fostering service, of each person with whom it has placed a child under regulation 24 [F9 or regulation 25A] of the Care Planning Regulations,

(b) the date of approval and of each review of approval (as the case may be), and

(c) the current terms of approval (if any).

Textual Amendments

F9 Words in reg. 31(a) inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 10

Retention and confidentiality of records E+W

32.—(1) The records compiled in relation to a foster parent under regulation 30(1), and any entry relating to that foster parent in the register maintained under regulation 31, must be retained for at least 10 years from the date on which their approval is terminated.

(2) The records compiled by a local authority under regulation 30(4) in relation to a person with whom a child is placed under regulation 24 [F10 or regulation 25A] of the Care Planning Regulations, and any entry relating to such a person in the register maintained under regulation 31, must be retained for at least 10 years from the date on which the placement is terminated.

(3) The records compiled under regulation 30(5) must be retained for at least 3 years from the refusal or withdrawal, as the case may be, of the application to become a foster parent.

(4) The requirements in paragraphs (1) to (3), and in regulation 22, may be complied with by retaining the original written records or copies of them, or by keeping all or part of the information contained in them in some other accessible form such as a computer record.

(5) Subject to paragraph (6), any records or register maintained in accordance with regulation 22, 30 or 31 must be kept securely and may not be disclosed to any person except in accordance with—

(a) any provision of, or made under or by virtue of, a statute under which access to such records is authorised,

(b) any court order authorising access to such records.

[F11 (6) A fostering service provider must provide access to their records compiled under regulation 30 or 31 in relation to a foster parent—

(a) to another fostering service provider within 15 working days of a request under regulation 26(1A)(e), or

(b) to an adoption agency within 15 working days of a request under regulation 30F(4) of the Adoption Agencies Regulations 2005.]

Textual Amendments

F10 Words in reg. 32(2) inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 11(a)

F11 Reg. 32(6) substituted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 11(b)