Policy and Procedure for the Constitution and Functioning the Manx Care Fostering Panel(s)

The Manx Care Family Placement Service (FPS), provide Fostering Panels which are focussed on considering assessments and recommending candidates of sufficiently high quality to care for looked-after children who require family placements.

The purpose of this policy and procedure is to set out the structure, functioning and purpose of the Fostering Panel.

The Panel’s responsibilities are to consider assessments and make recommendations to the Agency Decision Maker (ADM) regarding:

• The suitability of prospective Carers to be able to foster children based on assessments presented to the Panel by the assessing Social Workers;
• The annual review of existing Foster Carers;
• The first annual review must be completed no more than 12 months after initial approval and will automatically come to panel. Thereafter the reviews will come to panel every three years;
• Any reviews of existing Foster Carers which have been conducted as the result of an incident / allegation;
• Matching children to their Foster Carers for long term placements.

To be cited on resignations from Foster Carers within 28 days of the resignation letter being received or at the next available panel.

The recommendations to the ADM may be to:

• Approve the Carer(s) for Fostering;
• Not Approve the Carer(s) for Fostering;
  or
• To defer for further information where the Panel considers that it does not have sufficient information to enable it to make one of the recommendations above;
• Where a review has been conducted as the result of an incident/allegation the Panel will make a recommendation as to the continued suitability of the Foster Carers to continue to foster;
• Where matching has been proposed:
  • Approve the match;
  • Not approve the match;

To defer for further information where the Panel considers that it does not have sufficient information to enable it to make one of the recommendations above

The recommendations must be unconditional and cannot be ‘in principle’.

The Agency Decision Maker will consider the recommendations made by the panel when reaching a decision.

The Panel will provide quality assurance feedback to the Fostering Manager on an annual basis regarding the quality of reports being presented to the Panel. Feedback will be provided in writing to the Fostering Manager, by the Chair.

Panel Membership

• There is no fixed panel membership.
• The maximum number of members on a panel is 10.

Tenure of office will be reviewed after 3 years by the Panel Chair and Team Manager of the fostering service. A decision to extend the tenure for a further 2 years or not will be made at this time.

Central List

Membership of each panel will be drawn from a Central List maintained by the Team Manager of the Family Placement Service, of persons considered to be suitable to be members of the Fostering panel.

The panel administrator will have access to the central list in order to schedule and organise panel meetings.

The Central List will always have a minimum of 10 members listed, representing diverse areas of experience and expertise to enable members to be matched with the matters to be considered.

The Central List should include:

• An Independent Chair – advertised for and appointed externally to the agency;
• An identified Vice Chair;
• A Panel Advisor – an experienced fostering team leader or more senior manager with considerable fostering experience;
• Fostering Social Worker with at least 3 years post-qualifying experience;
• A Medical Advisor(s);
• A Representative of children’s’ social work – manager or 3+ yr. experience;
• A representative from another statutory agency – Education, Child Health, Mental health.

A lay person who has either themselves been placed with Foster Carers or has a child who has been placed with Foster Carers.

Panel members will be selected on to the Central List on the basis of suitability which will be determined by their experience, background, profession and ability to absorb and understand complex issues, express cogent views succinctly, respectfully and maintain confidentiality.

All panel members on the Central List will be required to:

• Sign a confidentiality agreement;
• Have a DBS check;
• Provide two references of good character;
• Undertake training/induction prior to attendance.

Attend one panel development day per year.

Each new Panel member will have an opportunity to observe a Panel meeting before they sit on a fostering panel.

The Panel Chair will conduct an annual appraisal for each panel member, to determine their ongoing suitability. The panel member, the Chair and the panel advisor should read and sign the appraisal, which will be kept on the panel members’ confidential file.

The Team Manager of the Family Placement service will conduct an annual appraisal for the Panel Chair.

Panel members who have not regularly attended a minimum two panels in a year will be asked to step down.

Resignations

Resignations from the Central List require at least one month’s notice in writing to the Panel Chair and the Team Manager for the fostering service. 

Withdrawal of notice is conducted in the same way but the Chair and Team Manager of the Fostering Service reserve the right not to accept the notice of withdrawal of notice and to allow the original letter of resignation to stand.

Termination of Appointment

Any decision for Termination of Appointment will be made by the Panel Chair.

Termination of Appointment will be on the grounds of unsuitability and the panel member will receive one month’s notice from the Panel Chair in writing with the reasons of unsuitability clearly set out. The panel chair should always work in conjunction with the Team Manager for the fostering service.

Termination will rarely be without first having investigated the concerns; it may be about the behaviour of a person on the Central List either inside or outside the meetings where the difficulties have not been resolved by discussion and correspondence with the Chair and Team Manager for the fostering service.

The Panel Chair must be independent of the fostering service, and is appointed by a senior manager within the Department.

The Panel Chair’s role is to ensure that:

• All members participate fully in the meetings (unless an interest has been declared);
• Sensitive regard is paid to applicants attending the Panel (while keeping the child’s welfare paramount);
• Consensus is achieved wherever possible;
• Panel has clear reasons for its recommendations;
• Participate and contribute to any training or learning events with the panel members.

In the event of a disagreement between Panel members, the Panel Chair will consider whether further information is required or whether the Panel should make a recommendation on the basis of the majority view. In this event, any dissenting view should be fully recorded in the minutes. 

The Panel Chair receives notices of resignation from members of the Central List. These require one month’s notice in writing from the Central List member. The Panel Chair reserves the right not to accept a Withdrawal of Notice and to allow the original letter of resignation to stand. (see Section 3, Membership of the Panel and Central List above).

Any decision for Termination of Appointment of a panel/Central List member will be made by the Panel Chair in conjunction with the Team Manager of the fostering service (see Section 3, Membership of the Panel and Central List. above).

Vice-Chairs should possess the same qualities and ability to manage complex meetings as those required of the Panel Chair.

Vice-Chair(s) should be given opportunities to chair panel meetings, at least once on an annual basis, with the Panel Chair in attendance to support. This process will allow them to acquire the skills and experience necessary to chair panels in the absence of the Panel Chair and thus to enable panels to sit as required.

The panel will always have a Panel Advisor available to it.

A senior manager with considerable fostering experience will act as the Panel Advisor.

The Panel Advisor’s role is to, when requested by the Panel Chair, give advice about policy, procedure, legislation and other pertinent matters.

The Panel Advisor is not a voting member of the Panel and may not participate in making recommendations.

A suitably qualified and experienced Deputy Advisor will be identified for periods of absence or conflict.

The Panel Chair may, at their discretion, permit a relevant person (social work student, prospective panel member, Social Worker or manager) to observe all or part of a fostering panel.

If at any time during the conduct of the panel, the Panel Chair considers that the presence of an observer would be detrimental to the proceedings they will be asked to leave.

There shall be no more than one observer permitted to attend each panel.

When a prospective Foster Carer or Foster Carer is invited to attend the panel they may bring a supporter. There is no automatic right for a supporter to attend these highly confidential proceedings, particularly if the discussion is likely to mention a looked-after child.

In each case, permission must be sought from, and agreed by, the Panel Chair, at least three days in advance of the Panel meeting. The Children & Families service has guidance regarding supporter attendance at meetings which will be shared with the attendee and a confidentiality agreement will be required to be signed.

See The Role of Supporter Leaflet

Quoracy

For a panel to be quorate it must have a minimum of 5 members and must include the Panel Chair or Vice Chair and a suitably qualified Social Worker from the Family Placement Service (FPS), plus three others

Declaring an Interest

Every panel meeting will open by requiring any declaration of conflicts of interest.

There can be situations where a panel member knows or has worked with the applicant to be considered by the panel. The panel member MUST declare an interest in such situations.

Any such conflicts of interest should be declared by panel members in advance where possible, as their potential exclusion for that part of the meeting could stop the panel from being quorate.

The Panel Chair will determine if a declared interest will prejudice the panel member’s consideration of the case. If so, the panel member will not participate in that case discussion and will leave the room for that part of the meeting.

Panel Process & Recommendations

Panel members must consider the cases referred to them and may make a recommendation to the Agency Decision Maker:

• They must consider and take into account the reports sent to them;
• They may request the fostering service to obtain any further relevant information that they consider necessary;
• They must always have legal advice available on key matters being considered;
• They must always have the view of the Medical Advisor(s) where required.

Panels can only make recommendations when they are quorate.

The Fostering Panel will consider each application for approval to become a Foster Carer(s) and make the following recommendations:

• Whether or not a person is suitable to be a foster parent;
• Any terms on which the approval is to be given.

The assessment will include notes which confirm that the applicants have received:

• Clear enhanced DBS check;
• Health assessment;
• Local Authority checks;
• Personal references.

These basic checks comprise stage one of the Foster Carer assessment and it is for the panel members to assure themselves that they are completed satisfactorily. An approval should only be recommended subject to receipt of these checks.

Stage two of the Foster Carer assessment report will contain the information that informs the panel members of all the information needed, alongside further questions, to decide upon a recommendation. Stage one and two, together, comprise the full Foster Carer assessment which includes:

The Fostering Network Mainstream Assessment / Family and Friends Assessment; which includes:

• Stage one (checks, references, interviews, Education Session feedback, ASI and MIM summaries);
• Stage two (the full assessment, including analysis and recommendations);
• Eco Map;
• Genogram;
• Financial Assessment;
• Phase One report (which includes the outcome of the MIM, ASI and Sandtray exercise);
• Welcome Book.

Prior to fostering panel, the assessing Social Worker must complete the assessment and share it all with the applicants for comment and accuracy. Once this is complete it will be submitted to Fostering Team Leader for quality assurance purposes and authorisation at least 20 working days before panel, to allow for any amendments.

The applicant must have a copy of all the papers presented to panel 10 days, prior to panel.

The assessment and relevant documents should be signed by the assessing Social Worker, applicant(s) and authorised by the Fostering Team Leader.

Once completed, the panel bundle is provided to the Panel Advisor to quality assure the panel bundle at least 5 working days, prior to the bundle be shared with the Fostering Panel members.

Following approval, fostering panel will then consider the first annual fostering review of newly approved Foster Carer(s). This must take place within one year of approval. 

In addition panels may consider subsequent reviews if there’s an incident or allegation or where there are significant changes to terms of approval or the applicant’s state of health.

The Panel will also consider every third annual review after the initial review and in each case will make the following recommendation:

• Whether the Foster Carer(s) continue to be suitable to foster.

Panels can make:

• A positive recommendation; or
• A negative recommendation; or
• Defer making a recommendation until they have further specific information to enable them to do so.

The Panel Chair should ensure that each panel member has an opportunity to ask questions or make comments on every issue.

Where panel members have serious reservations, the Panel Chair must ensure that these are recorded in the minutes and are attached to the panel’s recommendations.

If the panel cannot reach a consensus on its recommendation, after the Panel Chair and other panel members have voted, the Panel Chair has the casting vote.

The Panel will have a designated Administrator who will produce an annual schedule of meetings and maintain a Panel booking system.

The Administrator will prepare agendas and will hold the Central List along with the confidentiality agreements and DBS compliance.

The Administrator will seek to ensure that reports are provided in good time to be submitted to Panel members at least five working days prior to the panel meeting.

Any reports not received by the Administrator at least 5 working days before the Panel meeting will not be submitted for review at the meeting.

The Administrator will liaise with the Panel Chair about requests in relation to observers and will work with the Team Leader of the Family Placement Service to ensure that the Panel is quorate.

An agenda should be provided to all panel members at least 4 weeks before fostering panel takes place. The Fostering Panel must make a written record of its proceedings, its recommendations and the reasons for its recommendations and any other business; such as, ADM decisions and feedback from previous panels, service updates and staffing and carer resignations. The Panel Chair is responsible for ensuring the accuracy of the Panel’s recommendations, reasons and minutes.

The Panel minutes will include the names of Panel members attending the meeting and the names and roles of any other people present at the meeting.

The minutes will accurately reflect the discussion and cover the key issues rather than be a verbatim record of the meeting.

Where Panel members have serious reservations, the Panel Chair must ensure these are recorded in the minutes and are attached to the Panel’s recommendation.

If the Panel Chair uses a casting vote, the reasons for this should be clearly set-out.
Panel meeting minutes will be kept on relevant files i.e. minutes of approval will be kept on the Foster Carer’s file.

The procedure for storing and managing confidential information will be made known to panel members, staff and specialist advisers.

Panel minutes will be typed up by the Administrator within 2 working days of the panel meeting and shared with the Panel Chair.

The Panel Chair will ratify the minutes within 5 working days of their receipt from the Administrator and will send the agreed minutes and recommendations to the Agency Decision Maker.

The Agency Decision Maker will be separate from the panel arrangements and will represent the Fostering Service, and be accountable for all decisions made.

No member of the Fostering Panel shall take part in any decision made by the Fostering Service.

The Agency Decision Maker should be a senior person within Manx Care, who has knowledge and experience of permanency planning for children, and should be an experienced, qualified Social Worker.

The Agency Decision Maker can make:

• A positive decision; or
• A negative decision; or
• Defer making a decision until they have further specific information to enable them to do so

It is good practice for the Agency Decision Maker:

• To list the material taken into account in reaching the decision;
• To identify key arguments;
• To state whether they agree with the process and approach of the relevant Panel(s) and are satisfied as to its fairness and that the Panel(s) has/have properly addressed the arguments;
• To consider whether any additional information now available to them that was not before the Panel has an impact on its reasons or recommendation;
• To identify the reasons given for the relevant recommendation that they do or do not wish to adopt; to state (a) the adopted reasons by cross-reference or otherwise and (b) any further reasons for their decision.

The Agency Decision Maker shall reach a decision on the recommendations of the Fostering Panel within 14 working days of the Panel meeting.

The Agency Decision Maker’s decision does not have to agree with the recommendations made by the Panel.

The prospective Foster Carer will be verbally notified of the Agency Decision Maker’s decision within 2 working days of the decision being made, with formal notification in writing being made within 5 working days of the decision.

Under current legislation there is no right to appeal against the decision of the Agency Decision Maker.

If the prospective Foster Carer or approved Foster Carer believes that correct procedural guidelines and regulations have not been followed in the panel or decision making process then they should follow the Children and Family service’s separate policy for complaint resolution.  

Reports to the Fostering Panel, in relation to approval, best interests and other matters must always be prepared by qualified Social Workers and signed and authorised by a manager.

Where the person preparing the report is an independent Social Worker, they must always be suitably qualified and experienced and be supervised by the Team Leader of the Family Placement Service.

Assessment reports for applicants wishing to be recommended for approval as mainstream Foster Carers will follow the standard format of The Fostering Networks Mainstream or Family and Friend’s Assessment tool.

The Fostering Panel will perform a quality assurance role by feeding back to the service about the quality of the reports submitted to them. The Panel Chair will prepare an annual report, with the support of the Team Manager of the Family Placement Service and panel administrator, which will be submitted to the department.

Click here to view Appendix 1: Process Flow Chart.

FOSTERING SERVICES MINIMUM STANDARDS

STANDARD 30 – Fostering Panels

OUTCOME

Fostering panels are organised efficiently and effectively so as to ensure that good quality decisions are made about the approval of Foster Carers, in line with the overriding objective to promote and safeguard the welfare of children in Foster Care.

Standard

30.1 - Fostering panels have clear written policies and procedures, which are implemented in practice, about the handling of their functions.

30.2 - The written procedures cover decision making when all members of the panel are not in agreement.

30.3 - There are requirements about suitability of foster panel members, including police checks. No panel members are allowed to begin work until all checks have been satisfactorily completed.

30.4 - Fostering panels have access to medical expertise as required.

30.5 - Fostering panels provide a quality assurance function in relation to the assessment process – in particular to monitor and review the work of the assessors; to provide feedback; to identify problems, and to ensure that there is consistency of approach in assessment; that it is fair to all applicants and that it has been completed in a thorough and rigorous way.

30.6 - Foster panels receive management information about the outcome of Foster Carers’ annual reviews.

30.7 - The independent members of the panel include, as far as possible, expertise in education and child health.

30.8 - One of the independent members should be a person who has either themselves been placed with Foster Carers or has a child who has been placed with Foster Carers.