View SCB Procedures View SCB Procedures

3.9.3 Fostering Exemptions and Extensions

RELEVANT LEGISLATION

Section 63 and Schedule 7, Children Act 1989

Care Planning, Placement and Case Review (England) Regulations, 2010 and Associated Guidance

Regulations 26 and 27, Fostering Services (England) Regulation 2011

Standard 13, National Minimum Standards for Fostering Services 2011

AMENDMENTS

This chapter was amended in September 2011 to reflect the Care Planning, Placement and Case Review (England) Regulations, 2010 and Associated Guidance, in particular the change (in Sections 1 and 3.2) from 24 hours to 6 working days of the time limit for emergency approvals of exemptions or extensions.


Contents

  1. Usual Fostering Limit on Number of Children    
  2. Applications for Exemptions     
  3. The Process for Exemptions   
  4. Review and Monitoring of Exemptions
  5. Extension to Foster Carer Approval


1. Usual Fostering Limit on number of children

1.1 A person may not foster more than three children in each foster home except where all children are siblings.
1.2 A child may be placed with foster carers for up to 6 days without affecting this limit.  In all other circumstances, foster carers may only exceed this number if an exemption has been agreed.


2. Applications for Exemptions 

2.1

Applications 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.

2.2

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.
2.3 Applications for exemption in relation to foster carers living outside the city must be made to the manager of the fostering service for the local authority in whose area the foster carer lives.


3. The Process for Exemptions

3.1 Planned Exemptions

The need for an exemption will be identified at the point when the duty fostering team 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 fostering social worker for the carers and the foster carer, the duty social worker should consult with the team 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 Peterborough must be made in writing, supported by reasons, to the Designated Manager (Exemption from Fostering Limit) for approval.  The written application will be prepared by the duty social worker 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 authorises it.

The decision must be recorded on RAISE.

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

3.2 Emergency Exemptions

A child can only be placed in a Peterborough foster home above the usual limit for up to 6 days without specific authority to exempt the foster home from the limit.

An application for exemption must be made to the Designated Manager (Exemption from Fostering Limit) 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.

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 on RAISE.


4. Review and Monitoring of Exemptions

4.1 The Fostering Panel will be responsible for the ongoing monitoring of the exemption.
4.2 The Fostering Team is responsible for ending the exemption on RAISE when the exemption is no longer required.


5. Extension to Foster Carer Approval

5.1 Where a foster placement is identified for a child would be within the usual fostering limit but outside of the foster carer’s terms of approval, an extension to their approval is required.
5.2 The same principles and processes apply to extensions as exemptions, unless the extension to the approval is within the category set out in Section 14, Assessment and Approval of Foster Carers Procedure, in which case the decision need not be referred to the Fostering Panel. 

End