Exemptions and Extensions/Variations to Foster Carer Approval

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.

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.
5. To provide holiday cover for another foster carer

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;

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.

The need for an exemption will be identified at the point when the Service 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 supervising social worker should consult with their 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 must be made in writing, supported by reasons, to the Agency Decision Maker for approval. The Variation/Extension/Exemption to Terms of Approval Request must be completed. 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.

Upon the granting of an exemption, a time limit will be specified and an exemption can only extend beyond that date if the Agency Decision Maker authorises it. If an exemption is required to extend beyond the specified date, further Exemption Forms must be completed and the same process for agreement to the exemption followed.

Following any planned exemption decision, the supervising social worker will ensure that the foster carer is notified in writing of the decision and the child’s Reviewing Officer and School are informed. This is to ensure that the team around the child are aware of additional pressures within the fostering family and the potential impact on children in placement.

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

Where an exemption is required in an emergency 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 without the agreement of the Agency Decision Maker 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 reported to the next available Fostering Panel, as with planned exemptions. The Variation/Extension/Exemption to Terms of Approval Request must be completed and the same process followed as for planned exemptions.

The Fostering Panel will be responsible for the ongoing monitoring of the exemption.

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

Where a foster placement identified for a child would be within the usual fostering limit but outside of the foster carer's terms of approval, a variation to their approval is required.

The following are examples of circumstances where a variation of approval is required:

• A foster carer is approved for two children but it is proposed to place a third child with him or her;
• A foster carer is approved for a child aged 0 to 5 but it is proposed to place a 6 year old with him or her;
• A foster carer is approved for female children but it is proposed to place a male child with him or her.

Emergency placements with an approved foster carer outside the foster carer’s terms of approval can be made for up to 6 working days with the agreement of the manager of the Family Placement Service. Any such decision can last for up to 6 working days and the placement must then be terminated unless the foster carer’s terms of approval have been amended so that they are consistent with the placement 

All requests for extensions and variations must be presented in writing to the Agency Decision Maker within 6 working days. For a change of approval beyond 6 working days which is not actioned as part of a Foster Care Annual Review the foster carer must provide written agreement to the change of their approval. The written agreement can come in the form of an email or letter to their supervising social worker. Once this has been received, a written report must be submitted by the supervising social worker using the Variation/Extension/Exemption to Terms of Approval Request which must be completed and sent to the manager for their comments. Once all the information and forms have been completed and collated, they will be submitted to the Agency Decision Maker, who will be able to make a decision on a permanent change to a foster carers’ approval.

Should the foster carers change of approval be agreed by the Agency Decision Maker, a change of approval letter must be sent to the foster carers, informing them of the change. The supervising social worker will then be responsible for ensuring the recording of the decision is completed on the foster carers records and that their data is amended to reflect this change.

However, should the change of approval be denied, the child(ren) who have been placed outside of the foster carers approval will need to be identified an alternative placement, following the end of the 6th working day. In these circumstances, there will be no recourse to the reviewing mechanism as no change to the foster carers’ approval has taken place.

All decisions regarding variations or extensions must be formally recorded on the Agency Decision Maker decision sheet, noted on the electronic file, and reported to the next available Foster Panel. The Foster Panel will take on a monitoring and quality assurance role in relation to decisions made on this basis.