6.1.4 Exemption and Extensions/Variations to Foster Carers Approval
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.
This chapter was significantly updated In September 2012 and it should be re read in its entirety.
- Usual Fostering Limit on Number of Children
- Reasons why an Exemption may be Considered
- The Process for Exemptions
- Review and Monitoring of Exemptions
- Extension/Variation to Foster Carer Approval
A person may not foster more than three children in each foster home unless the foster children are all siblings tin relation to each other (in which case there is no upper limit).
The local authority within whose area the foster carer lives exempts the foster carer from the usual fostering limit in relation to specific placements (in which case the terms must be set out as detailed below).
Applications for an exemption will usually be made because of the following exceptional circumstances:
- The child concerned was previously placed with the foster carers and his or her placement elsewhere has disrupted;
- The foster carers have special skills to meet the child's needs which are not available elsewhere;
- 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;
- 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.
- The number of children whom the person proposes to foster;
- The arrangement which the person proposes for the care and accommodation of the fostered children the intended and likely relationship between the person and the fostered children;
- The period of time for which s/he proposes to foster the children; and
- Whether the welfare of the fostered children (and or any other children who are or will be living in the accommodation) will be safeguarded.
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 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 exemptions for foster carers living in the local authority area must be made in writing, supported by reasons, to the Designated Manager (Exemptions and Extensions)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 must be recorded.
The decision will be reported to the next available Fostering Panel for ratification.
3.2 Emergency Exemptions
The Senior 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 Designated Manager (Exemptions and Extensions). This agreement will only last until the next working day.
An application for exemption beyond the next working day must be made to the Designated Manager (Exemptions and Extensions) as soon as practicable thereafter and any such exemption needs to be presented to the next available Fostering Panel, as with planned exemptions.
An interim decision may be necessary on an emergency basis pending full consideration of the exemption.
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 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.
The Fostering Panel will be responsible for the ongoing monitoring of the exemption.
The Fostering Service is responsible for recording the ending the exemption when the exemption is no longer required.
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, an extension/variation to their approval is required.
All requests for extensions and variations must be presented in writing to the foster care review and thereafter the Agency Decision Maker.
The only exception to this is where an emergency extension or variation to approval is required to enable a placement to take place before the case has been presented to the foster care review. In these circumstances, the Designated Manager (Exemptions and Extensions) can agree an emergency extension of the foster carer’s approval to allow the placement to go ahead. Any such decision can last for up to 6 working days.