4.11.1 Fostering Panel |
SCOPE OF THIS CHAPTER
This chapter explains the membership, purpose, functions and arrangements for meetings of the Fostering Panel.
Contents
1. Purpose and Function
The Fostering Panel monitors the range and type of foster carers available to the local authority in comparison with the needs of children, and plays a key role in the improvement of standards within the fostering service.
As part of this function, the Panel oversees the conduct of assessments and annual reviews of approved foster carers, advises on any relevant matters in relation to the fostering service and makes recommendations to Children's and Young People's Services about quality issues and performance standards.
In particular, the Panel makes recommendations as to the following:
- The suitability of applicants to act as foster carers and terms of their approval (including Family and Friends Foster Carers)
- Exemptions from the limit to the number of children placed with foster carers
- The continued suitability of the foster carers and whether the terms of the approval remain appropriate (after the first annual review of foster carers and any other review where significant changes or termination of approval is recommended - see Review of Foster Carers Procedure)
- Any other special mattes relevant to a foster carer which the Chair of the Panel considers appropriate to be referred
The Panel will also receive and consider any representations challenging a decision not to approve an applicant as suitable, or to terminate or revise the terms of a foster carer's approval - see Section 9, Representations / Independent Review Procedure of Assessment and Approval of Foster Carers Procedure.
The Panel will receive annually the Fostering Service Manager's annual report on the Panel's business, including statistical information about approvals, reviews, termination of approvals, the number of children in placement and complaints received about foster carers during the preceding year.
The Chair will communicate any issues of concern to the Service Manager and take part in quarterly meetings with him or her and the Vice Chair to review the Panel's functioning and report on the quality of work being presented to Panel, to ensure good standards are maintained.
At the quarterly meetings, the Panel Administrator will provide statistical information in relation to the Panel business, together with information on the numbers of foster carers used by the local authority and the number of children looked after by the local authority. This will enable an appraisal of the extent to which the fostering service is meeting the demand for placements.
2. Fostering Panels and the Fostering Service Decision Maker
National Minimum Standards Draft for publication April 2011.
Standard 14
Underpinning Legislation
Regulation 24 – Establishment of fostering panel
Regulation 25 – Meetings of fostering panel
Regulation 26 – Functions of fostering panel
Regulation 27 – Assessment of prospective foster parents
Regulation 28 – Approval of foster parents
Regulation 29 – Reviews and terminations of approval
OutcomeEach fostering service has a fostering panel which is organised efficiently and is effective in making quality and appropriate recommendations about the approval of foster carers, in line with the overriding objective to promote and safeguard the welfare of children in foster care. The fostering service’s decision maker takes into account the fostering panel’s recommendation when reaching a decision on the suitability of a person to be a foster carer or the terms of a foster carer’s approval. |
Standard
| 2.1 | The fostering service provider has clear written policies and procedures which are implemented in practice, including about the establishment of the fostering panel, recruitment of fostering panel members and the handling of their functions. The policies and procedures include:
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| 2.2 | The written minutes of panel meetings are accurate and informative, and clearly cover the key issues and views expressed by panel members, rather than being a verbatim record of the meeting. The minutes record the panel’s recommendation, the reasons for its recommendation and its advice. If the panel cannot reach a consensus on its recommendations, the panel’s minutes should clearly set out the reasons. The panel chair is responsible for ensuring that the panel’s minutes are accurate. |
| 2.3 | There are requirements about suitability of foster panel members, including where appropriate, a requirement to make Criminal Record Bureau checks (subject to eligibility to obtain CRB disclosures). No panel members are appointed until all checks have been satisfactorily completed. |
| 2.4 | Fostering panels have access to medical expertise and legal advice, as required. |
| 2.5 | The independent members of the panel include, as far as possible, expertise in education and in child health. |
| 2.6 | One of the independent members is normally a person who has at any time been placed with foster carers or whose child has at any time been placed with foster carers. For short break carers, one of the independent members is normally a parent of a child who has used a short break fostering service, or, if the child being placed is a disabled child, one of the independent members is normally a disabled person or the parent of a disabled child who has used a short break fostering service. |
| 2.7 | Foster panels receive information about the outcome of foster carers’ annual reviews. Panels act on the basis of this information, where appropriate, to determine whether a foster carer’s approval should continue. |
| 2.8 | The panel monitors the range and type of foster carers available to the authority or agency in comparison with the needs of children. Where it is deemed that the foster carer population is not adequate to meet the needs of children, the panel informs the local authority. The local authority takes steps to address any inadequacies identified. |
| 2.9 | The fostering service provider’s decision-maker considers all the information available to them, including the fostering panel’s recommendation, before making a decision on the suitability of the foster carer to foster or whether to amend their terms of approval. |
| 2.10 | The fostering service provider’s decision-maker notifies the prospective or existing foster carer of their decision in writing. If the decision is not to approve the individual as suitable to foster or to amend the terms of approval, the letter must include reasons for the decision and a copy of the fostering panel’s recommendation and must invite the individual to make, should they wish, representations to the fostering service provider or an application to the Secretary of State for an independent review of the decision. |
| 2.11 | Foster carers and prospective foster carers whose approval is being considered by the fostering panel are given the opportunity to attend and be heard at the panel meeting. |
| 2.12 | The Fostering Panel keeps recruitment and retention of foster carers under review – to identify any trends – so that the agency is able to ensure that it can recruit and retain a sufficient number of foster carers with the necessary competencies to meet the agency’s objectives set out in its Statement of Purpose. |
National Minimal Standards draft due to be published April 2011.
3. Membership
The Fostering Panel has a maximum of 10 members.
The membership must include two social workers, one of whom has child care expertise and the other with experience in the fostering service, at least one elected member of the Council and at least four independent members one of whom is or has been within the two previous years an approved foster carer for a different fostering agency
It is good practice to appoint a professional advisor to the panel to offer any necessary input on regulations, policy and practice issues.
It is recommended that the fostering panel should reflect the community it serves and it operates a most effectively where there is a diverse membership with an understanding of the foster task and needs of children.
Ensuring a mix of gender representation is of vital importance. Black and minority groups, single carers, disabled people ,lesbian and gay men should be represented if possible to bring essential perspectives to approval and review process.
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.
The Designated Manager must also appoint a Vice Chair, whose role is to chair the Panel when the Chair is unavailable.
Independent Panel members are entitled to claim an attendance allowance on the same basis as elected members. 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. Personal and work references will also be obtained in writing and must be satisfactory.
Each member 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 and to attend an annual training day.
The quorum is 5, one of whom must be the Chair or Vice Chair, one of the social worker representatives and at least 2 other independent members.
Members hold office for terms of a maximum of three years. They must attend at least 75% of meetings and may not hold office for more than three consecutive terms. Where there has been a gap of three years since the maximum period of office was served, the maximum period of office that can be served starts to be counted again.
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.
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 to end the appointment and if so, will advise the member in writing giving clear reasons for the decision.
Panel members may resign by giving one month's notice to the Designated Manager (Fostering Panel Appointments).
4. Meetings
The Fostering Panel meets fortnightly. The Panel Administrator, with the Chair's authority, will arrange additional special meetings as necessary.
The Panel Administrator will arrange for the Legal Advisor to attend the Panel if required by the Chair or by the worker presenting a report.
The Panel's Medical Advisor will provide medical advice on matters to be brought to the Panel, by attendance at Panel meetings or where this is not possible by telephone or an exchange of correspondence on individual cases in advance of the meeting as considered appropriate.
The Panel Administrator may arrange for observers to attend meetings, in consultation with the Chair, but no more than 2 observers may attend at any one time.
The Panel welcomes the attendance of prospective foster carers at meetings during consideration of their applications for approval - for the assessment and approval process in more detail - see Assessment and Approval of Foster Carers Procedure.
The Panel Administrator, in consultation with the Chair, prepares the agenda for each meeting and sends out the agenda to Panel members one week before the meeting.
It is expected that the Social Work Report being presented at Panel is quality assured and authorised by the Line manager, with the report received by the Children Placement Service Panel Administrator no less than four weeks before the Panel date. The Panel Advisor can then assess if the report is of the necessary standard and request that any appropriate changes are made by the report writer prior to submission for the Panel.
Those presenting reports to the Panel must send their reports to the Panel Administrator at least 10 working days before the date of the Panel. The Panel Administrator will arrange for the documentation to be distributed to Panel members.
The Chair's role is to ensure that all members participate fully in the meetings (unless an interest has been declared - see below) and that each member has an opportunity to raise questions or offer comments on each matter considered, that sensitive regard is paid to foster carers while keeping the child's welfare paramount, that consensus is achieved wherever possible and that the Panel has clear reasons for its recommendations.
Where there is a serious difference of opinion among members, the Chair may ask for more information to be made available to the Panel before a recommendation is made. Serious reservations expressed by individual Panel members about a particular recommendation must be recorded in the Panel minutes for consideration by the Agency Decision Maker (Fostering).
At the end of meetings, the Panel Administrator will collect all reports and agenda from members (for shredding). Panel members who are unable to attend meetings will be asked to return papers to the Panel Administrator (for shredding) as soon as practicable.
The Panel Administrator will prepare the minutes in which reasons for recommendations and any disagreements or dissent will be fully recorded.
S/he will send the minutes to the Chair for approval of their accuracy, and then submit them to the Agency Decision Maker (Fostering) for approval of the recommendations made.
The assessing social worker/supervising social worker will also ensure that applicants, foster carers and social workers are notified of Panel recommendations within one working day of the Panel. The Panel Administrator will provide social workers with a copy of the relevant minute after a decision has been made by the Agency Decision Maker.
Conflicts of Interest
Panel members should consider any conflicts of interest in relation to Panel agenda items. A potential conflict arises if an interest may be seen to adversely affect a Panel member's capacity to act without prejudice or preference in a matter.
It is anticipated that in many circumstances there may be professional knowledge of a case which should be notified to the Chair but which will not affect a member's capacity to participate in the Panel. In other circumstances there may be a personal interest or connection which would require the Panel member to refrain from participation. It may be less clear in some cases when advice should be sought.
In the case of a potential conflict of interest where advice is required, Panel members should consult the Chair or Legal Advisor, giving as much advance notice as possible particularly having regard to the implications for the quorum.
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