Fostering Panel

The fostering panel is independent of the service and makes recommendations about whether you should be approved as a foster carer and under what terms of approval.

The fostering service will hold a list of people who are considered to be suitable to be members of a fostering panel ("the central list"). These are people with relevant skills and experience.

The fostering panel advisor is an experienced social worker who is responsible for advising the panel on any matters of law, policy or practice as well as managing the business of panel and being responsible for the training, development and recruitment of fostering panel members.

If you have any questions about Fostering Panel you can speak to your supervising social worker or you can contact the fostering panel advisor by emailing fostering.panel@rotherham.gov.uk

The central list of panel members will include at least one social worker with a minimum of 3 years relevant post qualifying experience. Relevant experience should be in child care social work, including direct experience of fostering either within a fostering service or in placing and supervising children in foster care. A Panel must be made up of at least 5 members, one of which must be a social worker member and one of which must be an independent member but there may be more than 5 people on a Panel. Panel members are chosen for their varying skills and experience to ensure that there are a range of perspectives considered when making recommendations about whether or not someone should be approved as a foster carer. The panel chair will be independent of the fostering service. The fostering service must also appoint either one or two vice chairs, who can act as chair if they are not able to attend. The vice chair does not have to be independent but, if they are not, then when they are chairing the panel there must be another member present who is independent of the fostering service.

Each panel member's performance, including that of the chair, is reviewed annually.

Each person on the central list receives an induction and panel members are required to attend training at least once per year which is facilitated by the panel advisor.

Five panel members need to be present for a meeting to go ahead. The meeting must always include:

• The chair or a vice chair;
• A social worker with 3 years’ relevant post-qualifying experience;
• At least three other members, or four in the case of a panel set up jointly by one or more service providers;
• If the chair is not present, a member (who could be one of the people listed above) who is independent of the fostering service;
• The person chairing the meeting should ensure that each member of the fostering panel is able to contribute to discussion of panel business.

Applicants are given the opportunity to be heard in person at a panel meeting which is considering their approval, and approved foster carers will be given the same opportunity to be heard when a panel is considering a review of their approval or other matter concerning their approval.

The panel must pass its recommendations on to the decision maker for a decision to be made on behalf of the fostering service.

Occasionally, due to demand for a foster placement, the ADM can vary the foster carers’ agreed terms of approval for a short period of time. For example, this may mean placing a child outside of the age range, number of specified or gender of children for which the foster carers are approved. This can be done for 6 working days without a review.

If this is required, the supervising social worker, having discussed this with their team manager and all other relevant professionals (e.g. social worker for children in placement, IROs etc.) will request such a variation, from the ADM, using the exemption and variation form. If the variation is granted then foster carers will be required to sign a change to terms of approval support and agreement form which will detail the support which will be provided to ensure you can meet the needs of the children placed. Acopy of this form must be held on the foster carer’s file. If the placement is deemed likely to be required for more than 6 working days, a foster carer review will be required in order to change the terms of approval which will be signed off by the ADM. If terms of approval are changed in this manner then Panel should be notified.

Regulation 24 allows Local Authorities to place a child with foster carers known to them (Connected Person) for a period of 16 weeks prior to an assessment being presented to Panel. 

An extension of a further 8 weeks for the assessment is available under regulation 25 which is to be recommended at Panel.

Upon receipt of a report requesting an 8 week extension Panel can:

• Recommend that the extension is granted;
• Recommend that the extension is not granted;
• Defer where further information is required in order to make a recommendation.

Going to Panel can feel like a daunting experience. It is the role of the panel chair and panel advisor to help you to feel as comfortable as possible.

Carers will be supported by their assessing or supervising social worker when at panel and, they also have the right to bring a supporter, although the supporter cannot contribute to the panel discussions.

Prior to the panel meeting, the panel members will have read the paperwork provided by the social worker and have prepared any questions that they want to ask the carers or their allocated social worker. The panel will have also identified any strengths or concerns that they may have.

Some panels will be in person and others will be virtual held on a video platform. You will be informed in advance whether your panel will be in person or virtual.

If your panel is in person you will be shown to a waiting room with their social worker when you arrive. When the panel are ready for the you to join the meeting, the chair and the panel advisor will come to collect you and your social worker from the waiting area and will introduce themselves.

Carers and their social worker will attend the panel for questions which will usually be asked by the different panel members in turn. Occasionally the social worker may be asked to attend on their own at first if panel members wish to examine a particular issue first (e.g. concerns raised by referees or other third-party information).

Carers and their social worker will then usually be asked to leave the meeting while the panel deliberate and reach their recommendation.

Once the recommendation has been reached, the chair and the panel advisor will then come to the waiting room to inform the carers and their social worker of the panel’s recommendation and explain the decision-making process.

If the panel is virtual, you will be sent a link to join the meeting and the panel will proceed in a similar way to an in person panel.

The panel discussion is always recorded by a minute taker, including the reasons for panel’s recommendations.

The fostering panel can only make recommendations, and so the final decision is made by the Agency Decision Maker (ADM). The ADM has 7 working days from receipt of the minutes to make a decision. Carers will be informed of this decision verbally within 2 working days and in writing within 5 working days.

The law requires that the final decision about any recommendation made at Fostering Panel or Long Term Matching Panel (known as the Qualifying Determination) is made by someone who is not a member of panel. This person is the Agency Decision Maker (ADM) and, in Rotherham, that person is a senior manager within the service. A Qualifying Determination means that that ADM is minded to make a particular decision and that this decision will stand if no appeal is made by the prospective foster carer/foster carer.

The recommendation made by panel will be passed to the ADM for ratification within 7 working days of receipt of recommendation and final set of panel minutes.

The foster carer or prospective foster carer should be informed verbally of the ADM decision within 2 working days and written confirmation should be sent out within 5 days.

What can carers do if they disagree with the decision?

If a carer does not agree with the decision, they must put this in writing.

Within 28 days of a Qualifying Determination:

• Carers can make a representation directly to the Fostering Service Provider for reconsideration; or
• Carers can make a representation directly to the Independent Review Mechanism (IRM).

The Fostering Service Provider may proceed to make its decision if within the 28 days they do not receive any representations.

The Independent Review Mechanism is a review process conducted by a review panel independent of the Fostering Service; it is not an appeal process. If you decide to refer to the Independent Review Mechanism, they will receive all the appropriate reports.

They will be able to review recommendations made by the Fostering Service but the Fostering Service's Agency Decision Maker will make the final decision.

The only circumstance where a carer cannot ask for a review by an Independent Review Panel is if they are disqualified or have been cautioned for an offence.

Written notice of the final decision and reasons must be sent to carers.