Fostering and Adoption Panel

The Fostering and Adoption Panel monitors the range and type of foster carers available to the Service in comparison with the needs of children and plays a key role in the improvement of standards within the fostering service.

As part of this function, the Panel oversees the conduct of assessments and annual reviews of approved foster carers, advises on any relevant matters in relation to the fostering service and makes recommendations to Children's Services about quality issues and performance standards.

In particular, the Panel makes recommendations as to the following:

1. The suitability of applicants to act as foster carers and terms of their approval, specifying the ages, gender and numbers of children who will be fostered;
2. The Panel will also consider, in the case of family and friends (connected persons) applicants who have had children placed with them in an emergency and have been assessed as temporary kinship carers;
3. Exemptions from the limit to the number of children placed with foster carers;
4. The continued suitability of the foster carers and whether the terms of the approval remain appropriate (after the first annual review of foster carers and every three years thereafter, as well as any other review where significant changes or termination of approval is recommended - see Assessment and Approvals and Review of Foster Carers Procedure);
5. Panel are notified of resignations of carers;

Panel will receive and consider any representations challenging a decision not to approve an applicant as suitable, or to terminate or revise the terms of a foster carer’s approval, providing independent review to the Government of Jersey – see Assessment and Approvals of Foster Carers Procedure, Representations / Review Procedure. and Assessment and Approvals and Review of Prospective Adopters, Representations / Independent Review Procedure.

The Panel will receive the Fostering Service Manager's annual report on the Panel's business, including statistical information about approvals, reviews, termination of approvals, the number of children in placement and complaints received about foster carers during the preceding year.

The Chair will communicate any issues of concern to the Fostering Service Manager and take part in quarterly meetings with him or her and the Vice Chair to review the Panel's functioning and report on the quality of work being presented to Panel, to ensure good standards are maintained.

At the quarterly meetings, the Panel Administrator will provide statistical information in relation to the Panel business, together with information on the numbers of foster carers used by the Service and the number of children looked after. This will enable an appraisal of the extent to which the fostering service is meeting the demand for placements.

The Panel makes recommendations as to the following:

• The suitability of prospective adoptive applicants as adoptive parents
• Whether a child should be placed for adoption; (the Service has decided to retain this function of Panel following consultation with CoramBAAF as this does not cause delay in our process. This function has been removed from UK Panels);
• Where long term fostering (as opposed to adoption) is the plan for a Child in Care, whether the plan is in the interests of the child; (the Service had decided to use Panel as the forum for this recommendation.);
• Where adoption is the preferred plan, whether permanent fostering is an acceptable alternative if suitable prospective adoptive parents have not been identified in a timescale which is suitable to meet the needs of the child, having regard to their age and length of time as a Child in Care. The timeframe is recommended by the Panel;
• Where adoption is the plan, the placement of children with particular adoptive parents;
• Where long term fostering is the plan, the placement of children with particular foster carers; (the Service has decided to use Panel as a forum for this recommendation);
• The suitability of Long term Kinship Carers;
• Reviews of prospective adopters who have no child in placement;
• Reviews of long term foster carers/ long term kinship carers. The Panel will consider and make recommendations on first Annual Reviews of foster carers of their continued suitability as foster carers and whether the terms of the approval remain appropriate. Annual Reviews will also be presented to Panel after a further three years. Reviews will be presented to Panel seeking variations to approval or termination of approval including where abuse has occurred or where concern has been raised regarding standards of care;
• Panel are notified of exemptions to approval category;
• Panel are notified of resignations of carers;
• Notification of disruptions to long term foster placements/ kinship placements/adoptive placements;
• Notification of internal reviews;
• Panel will receive and consider any representations challenging a decision not to approve an applicant as suitable, or to terminate or revise the terms of a prospective adopter’s approval, providing independent review to the Government of Jersey - see Assessment and Approvals and Review of Foster Carers Procedure, Representations / Independent Review Procedure and Assessment and Approvals and Review of Prospective Adopters, Representations / Independent Review Procedure;
• The Panel’s role includes the provision of a thorough and critical consideration of all cases presented to it and provide reasons and make sound recommendations to the Agency Decision Maker;
• The Panel has a role in monitoring the standards and quality of assessments and reports and will give feedback to the appropriate Manager via the Agency Adviser;
• The Panel will be transparent in the process of arrival at recommendations which will be fully reflected in the minutes of Panel. Panel will welcome feedback which will improve its practice and operation and will send Panel evaluation feedback forms to those attending Panel to monitor user’s views;
• Panel will be committed to anti discriminatory practice and to ensuring that the welfare of the child is paramount.

The Panel must also consider and may also give advice on the following:

• Where a child is recommended as suitable for adoption, the future contact arrangements;
• Where prospective adopters are recommended as suitable to adopt, the number, age range, gender, likely needs and background of the children who may be placed with them;
• Where a placement of a child with particular prospective adopters is recommended, the future contact arrangements, the proposed adoption support;
• Any other matter related to its functions, which the Chair considers appropriate to refer for consideration;
• The Panel’s recommendation should not be conditional and it should not make any “in principle” recommendations.

No Panel member can begin work until:

• They have been interviewed;
• Their identity has been checked, qualifications which may be a requirement and those considered relevant and right to work in Guernsey has been verified;
• A Disclosure and Barring Service check has been completed;
• Two references have been received;
• He or she has signed a confidentiality agreement;
• He or she has signed a Panel Membership Agreement regarding expectations of Panel members which also defines the responsibility of the Service.

A confidential file will be raised by the Panel Administrator in respect of every Panel member. The Panel Administrator has the responsibility of keeping relevant records. These will need to contain the following:

• Recent photograph and proof of identity;
• Tenure dates;
• References;
• DBS check information;
• Any training in which the Panel member has participated;
• Access to the Family Placement Training Calendar;
• Any complaints in relation to the Panel members;
• Minutes from the Annual Appraisal meeting;
• Copy of the signed Panel Membership Agreement.

All files will be held at the Family Placement Service and will be administered by the Panel Administrator.

A separate file will also be given to the Panel Members providing them with Panel guidance. Panel members will also be provided with copies of CoramBAAF Guidance for Effective Panels

• Any information of which Panel members become aware in their capacity as a member of Panel regarding individual children, their natural families and foster carers is confidential; Panel members will make suitable arrangements to ensure that all confidential written material to which they have access is received, kept and transported securely so that no unauthorised person can access it;
• Panel members undertake to declare to the Chair of the Panel or Agency Adviser or Panel Administrator at the earliest opportunity any prior personal knowledge they have regarding individual children, their natural families and fostering applicants due to be discussed by the Panel. This declaration should be made as soon as the Panel Member becomes aware of it to ensure that the Panel will be quorum. The Panel Member agrees, if required to do so, to stand down from the Panel and leave the room when that matter is being discussed;
• Panel Members will leave all confidential written material concerning Panel business with the Panel Administrator at the end of each meeting and delete all electronic files and records after Panel has sat;
• Panel members should have read the Panel papers carefully and should come prepared to contribute to the Panel discussion and to accept responsibility for taking an equal role in the recommendation process. Panel members should refer to the guidance on Questions and Recommendations and arrive at Panel with questions, initial view on recommendation and initial views on reasons for recommendation. This is subject to change following information presented and discussion at panel and can be amended. There is a template for Panel to use regarding this;
• Panel members should be committed to anti-discriminatory practice and should be prepared to consider each case on its own merits applying the principle that first consideration being given to the need to safeguard and promote the welfare of the child throughout his childhood.  Panel members should attempt, in their participation in Panel meetings, to achieve a balance between being too passive and unquestioning and being challenging in a disrespectful and unhelpful way;
• Panel members must behave independently of the Service, family, in carrying out their role
• An annual training day will be arranged by the Service and there is a clear expectation that Panel Members will attend. Panel members will also be provided with a copy of the Family Placement Service Learning and Development Training Programme and invited to attend relevant training;
• Panel Members should inform the Agency Adviser or the Chair if they have been convicted or cautioned for any criminal offence or if any criminal proceedings are pending;
• Panel Members should be willing to sign their agreement to the carrying out of a DBS check
• Panel members should notify the Panel Administrator in advance if they are unable to attend Panel. 

Written information about expectations arising from their appointment should be given to new appointees to the Central List

Each Panel member’s performance should be reviewed annually.

The performance of the Panel Chair should be reviewed annually by the Agency Decision Maker and Agency Adviser.

For all other Panel members, the Annual Appraisal should be conducted by the Agency Adviser to the Panel and the Panel Chair.

Where there are concerns about a Panel member’s behaviour either inside or outside the meetings, and attempts to resolve the difficulties have not been resolved by discussion between the Chair and the member concerned, the matter will be raised by the Chair with the Agency Adviser. They will decide what action should be taken and whether the appointment should be ended and, if so, will advise the Panel member in writing giving clear reasons for the recommendation and giving one month’s notice.

A member of the Panel may resign his/her office at any time by giving one months’ notice in writing to the Service.

The Service must appoint a senior member of staff to:

• Co-ordinate and agree the agenda;
• Assist with the recruitment, appointment, termination and review of members;
• Be responsible for arranging the induction and training of Panel members in consultation with the Family Placement Service Manager;
• Be responsible for liaison between the Service and the Panel and taking Panel feedback to the Service on practice and quality assurance issues;
• Monitor the performance of Panel members and the administration of the Panel;
• Ensure that paperwork is sent to Panel members on time;
• Give such advice to the Panel as it may request in relation to any case or generally and advise Panel on regulations, policy, procedure and good practice;
• Maintain an overview of the quality of the agency reports to the Panel by undertaking Quality Assurance of reports presented (in conjunction with the Chair);
• Provide updates to Panel on matters presented;
• Compile the Annual Report on the work of the Panel with Chair person’s Summary.

The Agency Adviser must be a registered social worker and have at least five years relevant post qualifying experience. He or she is not a voting member of the Panel. His or her role is to attend all meetings to ensure all the necessary reports are available for the Panel, to advise Panel on social work and procedural matters and to report to social workers and their Managers on issues arising from Panel meetings and the quality of reports.

• The Medical Adviser must be a registered medical practitioner who has general medical experience within the community;
• The Medical Adviser will offer advice with regard to policy in relation to medical aspects of adoption;
• The Medical Adviser will evaluate the health information available to the panel about children, their birth parents and adoptive applicants and advise the panel about its implications in relation to adoption;
• The Medical Adviser will advise the Service on arrangements for access to and disclosure of medical information which is required or permitted. They will seek further medical information if they consider it necessary and give a full report in writing to the panel;
• The Medical Adviser will collate, provide and evaluate information the Service provides to a prospective new family about the child's health before placement. The medical adviser may choose to give this information personally to the new family;
• The Medical Adviser will advise the agency on the extent to which the child's health should be monitored during the placement;
• The Medical Adviser will produce a written summary of each child's health background, current health status and future health and developmental prognosis in preparation for the adoption plan being presented to panel;
• The Medical Adviser will make this summary and any updated information available to prospective adopters before a proposed match is brought to a panel;
• In addition to the specialist role in advising the agency, its panels, staff and prospective carers on medical aspects of adoption, the Medical Adviser should also act as a full panel member. The Medical Adviser will where necessary coordinate tertiary care and provide post placement advice.

• The Panel should have access to a legal adviser who will not be a full member of the panel;
• The usual expectation is for a legal adviser to be present at all panel meetings however where this is not possible, the legal adviser can be asked to provide prior advice in person or in writing to the panel regarding any item placed before the Panel;
• Legal advisers should be practising solicitors, with relevant experience in child and family law.

The Agency Decision Maker should consider the minutes of the Panel meeting and the reports submitted to the Panel that considered the matter.  In reading the minutes, the Agency Decision Maker should have particular regard to the Panel's reasons for making the recommendation and any particular concerns that are recorded in the minutes.  The Agency Decision Maker is required to make a decision within seven working days of receipt of the panel documents, recommendation and panel minutes. In exceptional circumstances, for example where the Court timescale requires it, the timescale for the Agency Decision Maker's decision may be requested to be shorter.

It would be good discipline and appropriate for the decision-maker to:

• List the material taken into account in reaching the decision;
• Identify key arguments;
• Ask 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 properly addressed the arguments;
• Consider whether any additional information now available to them that was not before the Panel has an impact on its reasons or recommendation;
• Identify the reasons given for the relevant recommendation that they do or do not wish to adopt; and
• State (a) the adopted reasons by cross reference or otherwise and (b) any further reasons for their decision.

• Production of an annual schedule of dates of Panel meetings;
• Maintenance of a Panel booking system, including a process for urgent cases;
• Notification to social workers of panel schedule and deadlines (in conjunction with Agency Adviser);
• Arrangement of accommodation for meetings with, if practicable, a private waiting area for applicants and others attending the meeting;
• Maintenance of Panel files for central list members;
• Preparation of agendas ( in conjunction with Agency Adviser);
• Working with the Agency Adviser as required ensuring that the Panel’s requirements are met; This should include ensuring that social workers submit reports in good time, in the quantity required and in conformity with the Panel’s requirements;
• Responding to enquiries from social workers and foster carers about appearances before the Panel;
• Receiving of reports submitted;
• Ensuring that all necessary information is provided to Panel members at least five working days in advance of Panel meetings to enable full and proper consideration. Papers must be sent out in as secure a way as possible;
• Ensuring that appropriate central list members are able to attend meetings to ensure a quorum;
• Liaison with the Chair or Agency Adviser about requests from observers;
• Ensuring that meeting and waiting rooms are prepared for the meeting, that name plates/badges are ready, that spare reports are available, that refreshments are ready.

• Taking minutes, noting in particular recommendations made and reasons given (see below);
• Drawing to the attention of the Chair any matters requiring his or her attention;
• Collection of papers at end of meeting.

• Drafting minutes, including recommendations made and reasons given;
• Submitting draft minutes to the Agency Adviser for checking and then to Panel members for amendments/comments and for the Panel Chair to sign;
• Ensuring that the Agency Decision Maker receives the final signed minutes and any other papers required for the decision to be made;
• Ensuring that applicants, foster carers/ kinship carers/ prospective adopters and social workers are notified in writing of decisions;
• Providing the social worker with a copy of relevant minutes;
• Maintaining full records of Panel business, including agenda, reports and minutes and placing relevant parts of the minutes on carer’s files;
• Maintaining statistical records for performance monitoring, government returns and the Annual Report.

The Panel will make a written record of its proceedings and the reasons for its recommendations.

The minutes should cover key issues and views expressed by Panel members, rather than be a verbatim record of the meeting. If it is not possible to reach a consensus on a recommendation, the panel minutes should set out clearly the view of the dissenting Panel member.

The Agency Adviser will check the draft minutes and these are then sent to Panel members for comment and amendment. The minutes are then agreed and signed by the Panel Chair. Final minutes are sent to the ADM for consideration. The Agency Decision Maker is required to make a decision within seven working days of receipt of the panel recommendation and final set of panel minutes.

The Chair will ask each Panel member to express a view on the recommendation together with reasons for the recommendation. In the event of a disagreement between Panel members, the Chair will consider whether further information is required or whether the Panel should go ahead and make a recommendation on the basis of the majority view. In this event, any dissenting view should be fully recorded in the minutes.

Panel members must consider and take into account the reports that are sent to them, and may request the agency to obtain further information. When considering the adoption plan for a child, they must have access to legal advice where necessary.

The Chair must ensure that each Panel member has the opportunity to raise questions or offer comments on each matter to be considered. Each Panel member should be asked whether s/he supports a proposed recommendation.

The Chair has an important role in assisting the Panel in reaching a consensus on its recommendations. If a consensus cannot be reached, the Panel minutes should clearly set out the reasons.  Where Panel members have serious reservations, these should be recorded in the minutes and also attached to the Panel's recommendations.

Guidance on adoption and permanence panels in 1.22-1.24 acknowledges that fostering plans for children are not required by regulations to be considered by a panel. It goes on to say:

However, given the significance of long-term fostering many agencies have established adoption and permanence panels, which combine knowledge and experience of adoption and fostering and enable these two permanence options to be considered by one panel.  Although it may be clear that a child needs permanence in a new family, the options for achieving this need careful scrutiny and for some children it may be very difficult to find a new permanent family. An adoption and permanence panel would be well placed to consider adoption or long-term foster care. It may recommend that the child should be placed for adoption, or, if it considers that adoption would not best meet the child’s needs, it could advise that the child should be placed into long-term foster care.  This reduces the time needed to identify the type of placement that is most likely to meet the child’s needs by avoiding consideration of adoption or fostering at separate panel meetings.

Some children will be referred to an adoption and permanence panel for whom the plan is adoption and others will be referred for whom the plan is long-term fostering or kinship care.  In each case, panel members should keep in mind the strengths and limitations of all the permanence options described in the preceding section. 

Clearly a consideration of the child returning to one or both birth parents must come first. This should be followed by a consideration of extended family members. This option, and that of remaining with existing foster carers, could be via adoption, long-term fostering or kinship care.

All these permanence options need to be kept in mind before a permanence recommendation is made. The advantage of an adoption and permanence panel is that it is not limited to only making adoption recommendations. Even if an adoption recommendation is made, that panel can acknowledge that, for some children, it may be extremely difficult to find an adoptive family.  Case law Re P 2008 clarifies that dual planning for adoption and long-term fostering is possible with a concurrent search for adoptive and fostering placements.  The panel will need detailed information on adoption family finding to ensure that enough efforts have been made to achieve an adoptive placement.

Although the Guidance makes no explicit reference to not making “in principle” recommendations, it makes clear that the decision-maker’s decision must be based on a definite recommendation.

Many, if not most, cases of plans for a child are presented to panel during care proceedings. The agency must have a clear care plan for adoption before it refers the case to the panel for recommendation that the child should be placed for adoption. This cannot be conditional on the outcome of any assessments of birth parents or extended family members, or for any other reason.

Any advice which the panel gives about a twin-track or parallel plan and about the likelihood of it recommending adoption at some point has no clear status. The case will need to come back to the panel at the point at which the agency is clear that it considers adoption to be the best plan for the child.  The panel will not be bound by any previous advice it may have given.  It is the local authority which needs to have a clear adoption care plan. The guardian may not agree with this (and his or her view must be made known to the panel). The court may also not subsequently endorse the plan by declining to make a care order and/or a placement order. However, the panel must make its recommendation based on a referral to it by the agency with a clear request for adoption to be recommended as the best plan.  Where, in the course of the court proceedings, new information comes to light which might affect the views of the panel as to the appropriateness of adoption, the case may need to be referred back to the panel.

The Panel will receive annually the Agency Adviser’s and Panel Chair’s Annual Report on the Panel’s business, including statistical information about approvals, reviews, notification of disruptions, resignations, best interest recommendations, matches, termination of approvals and complaints/ allegations received during the preceding year. Outcomes regarding Action Plan of Panel and future areas for development will be included. The report will be approved by the Chair and made available to Panel members, the Committee of HSC, HSC Managers, staff within the agency and foster carers/ kinship carers and prospective adopters.

The Chair will take part in bi-annual meetings with the Agency Adviser and Agency Decision Maker to review the Panel's functioning and raise any issues concerning Panel.

For the meetings, the Panel Administrator will provide statistical information in relation to Panel business, together with information on the numbers of foster carers. 

The Panel Chairs will also meet along with the Agency Advisers to discuss cross Panel issues and any issues arising.

All the relevant information (which has been fully quality assured) should be sent to the Panel Administrator 10 working days before the date of the Panel meeting considering the application.

At the Panel meeting, the information will be presented by the assessing social worker responsible for the assessment.

Foster carer applicants will be invited to attend Panel when their application is being considered, and the Panel Administrator must be informed if they intend to do so.

Whether they attend or not, the applicants’ views and wishes must be presented fairly and accurately to the Panel. Their views should be presented in writing within the documentation before the Panel and verbally. If the applicants decide not to attend, this should not be seen as prejudicial to the application.

The Panel will consider the written report together with all the supporting documentation and any additional information presented verbally, and make a recommendation to the Agency Decision Maker (Foster Carer Approval) regarding the outcome of the assessment including, where approval is recommended, the terms of approval regarding the number, gender and ages of the children to be placed.

The recommendation will be recorded in writing and, where approval is recommended, the terms of approval, any limitations of the approval to named children (for example in the case of a Connected Person) or conditions as to the age, gender or number of children to be placed in the foster home will also be specified.

Reasons for the recommendations, the terms of approval and any conditions will be recorded in the Panel’s minutes.

The applicant will be informed verbally of the recommendation by the Panel Chair following consideration of the matter by the Panel. The Panel’s recommendation will be sent to the Agency Decision Maker and the decision will be made and communicated to the Family Placement Service within 7 days of receipt of minutes. Applicants will then be notified in writing of the decision made.

Formal reviews of foster carers and kinship carers will take place at least annually. Formal reviews of prospective adopters will take place annually where no child has been placed.

Reviews will take place more frequently and may be initiated in the event of a significant change in circumstances of the carer affecting the ability or capacity to foster/ adopt or provide kinship care, for example a change in the composition of the household, a significant health issue or concerns about the care provided by the foster carer, for example as a result of a complaint or allegation. 

A written report will be presented to the Panel on the foster carer’s/ kinship carer’s first annual review and thereafter, every three years. 

Otherwise, unless there are specific issues of concern, the Manager of the Family Placement Service will consider the Review Form and, where no changes are recommended, the supervising social worker will confirm in writing to the foster carers their re-approval. 

The written report will incorporate the views of the child or children placed the written views of the foster carers and reports provided by the social worker for each child in placement and the supervising social worker. Any recommendations for change in terms of approval should be highlighted in the report.

Where changes to or termination of approval is recommended or where any circumstances exist which in the opinion of the Manager of the Family Placement Service require consideration by the Panel, a written report will be presented to the Panel. This will include the situation where an updating DBS check reveals a new concern about a carer or a member of the household or where there are concerns about poor quality of care and allegations of abuse. Where the Review recommends the termination of approval of carers, the review should be presented to the earliest possible Panel. 

Where the Panel’s recommendation is for a different category of approval, the Panel may require further assessment or training for the carer.

In circumstances where a recommendation is made to terminate the approval of a carer or where there is a recommendation that an applicant not be approved (non approval) and an appeal is sought regarding this recommendation in order to ensure independence for this process different Panel members will sit to consider these matters together with a different chair/vice chair.

Where a foster carer/prospective adopter/ kinship carer has decided to resign Panel will be notified of this at the next available Panel.

A letter of appreciation and thanks will be sent to the carer (unless there are circumstances in which this would be unwelcome or inappropriate).

Panel will be notified of Exemptions agreed by the Agency Decision maker to Terms of Approval of foster carers.

Panel will be provided with feedback from those attending Panel through Panel Evaluation Feedback forms in order to inform future practice and development of panel.