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7.1.5 Exemptions and Variations of Approval

SCOPE OF THIS CHAPTER

Please note that applications for exemption in relation to foster carers living in a different local authority area must be made to the manager of the fostering service for the local authority in whose area the foster carer lives.

RELEVANT LEGISLATION AND GUIDANCE

Fostering Services (England) Regulations 2011 (as amended 2013)

The Children Act 1989 Guidance and Regulations - Volume 4: Fostering Service (2011), Approving and supporting foster carers

Fostering National Minimum Standards 2011, Fostering panels and the fostering service's decision-maker

Schedule 7 Children Act 1989

Care Planning, Placement and Case Review (England) Regulations 2010 - Regulation 23

AMENDMENT

This chapter was updated in January 2019.


Contents

  1. Usual Fostering Limit on Number of Children
  2. Reasons Why an Exemption may be Considered
  3. The Process for Exemptions
  4. Review and Monitoring of Exemptions
  5. Variation to the Foster Carer's Terms of Approval

    Appendix 1: Exemption Certificate

    Appendix 2: Approval of Variation to the Terms of Approval Form


1. Usual Fostering Limit on Number of Children

A person may not foster more than three children in each foster home except where all the children are siblings.

In all other circumstances, foster carers may only exceed this number if an exemption has been agreed.


2. Reasons Why an Exemption may be Considered

Applications for an exemption will usually be made because of the following exceptional circumstances:

  1. The child concerned was previously placed with the foster carers and his or her placement elsewhere has disrupted;
  2. The foster carers have special skills to meet the child's needs which are not available elsewhere;
  3. The placement of the child over the limit is the most appropriate way of meeting the child's needs arising from disability, race, religion, language and/or culture;
  4. The placement is required to keep siblings together.

Applications can only be made with the agreement of the foster carers concerned. When considering an exemption the following factors should be regarded.

  1. The number, ages and circumstances of the children concerned;
  2. The arrangements proposed for the care and accommodation of the children concerned;
  3. The relationship between the foster carers and the children concerned;
  4. The period of time over which the placement is likely to last;
  5. The likely effect on the children concerned and any other children living in the household;
  6. The foster carers' capacity to provide sufficient care for all the children in the placement;
  7. The need to safeguard and promote the welfare of the fostered children / young people and any other children / young people who live in the foster home.


3. The Process for Exemptions

3.1 Planned Exemptions

The need for an exemption will be identified at the point when the duty fostering social worker is seeking to identify a suitable placement for a child or children.

Where a foster carer is identified as the most appropriate option to meet the child's needs, and this is agreed by the supervising social worker for the carers and the foster carer, the fostering placements officer or duty social worker should consult with the manager and if agreed prepare an application for an exemption.

The social worker(s) to any other child in the placement should also be consulted in order to seek their views on any impact (positive or negative) from a further placement commencing.

All applications for planned exemption for foster carers living in the local authority area must be made in writing, supported by reasons, to the Agency Decision Maker for approval. Where the foster carers live in a different local authority area, the application must be made to the manager of the fostering service for that area. The written application will be prepared by the supervising social worker for the foster carers in conjunction with the relevant child's social worker.

The decision whether or not to grant an exemption will be recorded in writing, together with reasons. Any exemption will be specific to a child or children and can be subject to conditions. The foster carer will be notified in writing of the decision.

Upon the granting of an exemption, a time limit will be specified and an exemption can only extend beyond that date if the Designated Manager for the relevant local authority area authorises it.

The decision will be reported to the next available Fostering Panel for consideration using the exemption form.

The decision will be reported to the next available Fostering Panel for ratification.

3.2 Emergency Exemptions

The Duty Manager for the Out of Hours Service can agree for a child to be placed in a foster home above the usual limit in an emergency i.e. without the agreement of the Agency Decision Maker. This agreement will only last until the next working day.

An application for exemption beyond the next working day must then be made to the Agency Decision Maker and any such emergency exemption needs to be presented to the next available Fostering Panel, as with planned exemptions.

As with 3.1, the emergency and interim approval can only be given by the local authority for the area where the foster carers reside. Depending on the local authority involved, there may be arrangements in place for a Duty Manager within the local authority to agree an emergency or interim exemption. If such arrangements exist, an application for an emergency or interim exemption must be made to the relevant manager in line with their procedures. Otherwise an emergency exemption cannot be granted.

Any emergency or interim decisions to grant an exemption must be confirmed in writing and copies of the decision, together with the reasons, must be placed on the child's file and the foster carer's case record. A copy must also be sent to the foster carer.

The decision must be recorded and reported to the next available Fostering Panel for their consideration using the exemption form.


4. Review and Monitoring of Exemptions

The on-going monitoring of the exemption will be held in conjunction with the foster carer's annual review.

The Fostering Service is responsible for recording the ending the exemption when the exemption is no longer required.


5. Variation to the Foster Carer's Terms of Approval


Where a foster placement is identified for a child and would be within the usual fostering limit but outside of the foster carer's terms of approval, a variation to their approval is required.
When a child is to be placed outside a foster carers' approved age range or other aspect of their approved terms in an emergency, this can occur and any such decision can last for up to 6 working days. If before the end of the 6 working day period it is proposed that the child should remain a 'mini' household review should be held to consider if the carer has the capacity to meet the child's needs in the context of the needs of other children in the household. A decision to change a foster carer's terms of approval can be implemented immediately if the foster carer provides written agreement to the change and there is a written statement concerning the foster family's support needs.
This 'mini' review does not have to include the fostering IRO or the full review paperwork, just those checks and reference that inform the judgement as to whether to make the change of approval. In some circumstances it may be appropriate to vary the terms of approval for the duration of this placement only and for others the placement may have provided evidence for a permanent change in the carers' terms of approval. It is important to indicate which of these situations apply. Where there are other looked after children in placement the views of the social worker for those children must be obtained. Supervising Social Worker is required to complete the relevant report (see Appendix 2 Approval to the Variation to the terms of approval form) to submit to the Service Manager Children Looked After & Permanency for approval.

Others factors to consider:

  1. Are there additional support needs resulting from the variation in approval?
  2. If additional children are placed are school runs, space in vehicles, practical?
  3. Is bedroom space adequate?


Appendix 1: Exemption Certificate

Click here to view Appendix 1: Exemption Certificate.


Appendix 2: Approval of Variation to the Terms of Approval Form

Click here to view Appendix 2: Approval of Variation to the Terms of Approval Form.

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