8.1.4 Persons Disqualified from Fostering |
SCOPE OF THIS CHAPTER
This procedure applies to all new applications for approval as foster carers and to all foster carers who have already been approved as foster carers.
Contents
1. Persons Disqualified from Fostering
A person is disqualified from acting as a foster carer for the local authority (unless a relative of the child or already acting as a foster carer) if s/he or any adult member of the household has been cautioned for or convicted of an offence against a child which involves violence or bodily injury (other than common assault or battery), cruelty (to a child under 16), indecency, abduction, the supply of Class A drugs or the importation/possession of indecent photographs of a child under 16 or a sexual offence against a child unless the offence was contrary to sections 6,12 or 13 of the Sexual offences Act 1956 and the person concerned was under 20 when the offence was committed. A list of the specific offences is set out in the Criminal Justice and Court Services Act 2000.
2. New Applications
Where Criminal Records Bureau checks reveal that an applicant for approval as a foster carer is a disqualified person, the applicants must be advised that their application cannot proceed. This must be confirmed in writing to them, together with the reasons, and retained with their application form on Frameworki, without disclosing the details of the disqualification.
Where the applicant is a relative of the child to be placed in the foster home, and the person would otherwise be regarded as disqualified, an application for consent to proceed with the assessment in relation to the particular child can be considered by the Head of Service (Resources, Commissioning and Placements).
In these circumstances, the child’s social worker responsible for carrying out the checks on the prospective foster carer should prepare a report on the application setting out:
- The reasons for the application
- The circumstances surrounding the conviction or caution which would result in the person being disqualified unless consent is given
- An assessment of whether the placement would meet the child’s needs despite the conviction/caution and
- A recommendation as to whether the application should proceed.
The decision of the Head of Service (Resources, Commissioning and Placements) will be recorded in writing and a copy placed on the Frameworki database of the applicant. A copy of the decision will also be sent to the person concerned.
3. Approved Foster Carers
Where information is provided or updating Criminal Records Bureau checks reveal that an approved foster carer has been convicted of or cautioned for a criminal offence as a result of which he or she may be / will become a disqualified person unless consent is given. An urgent review of the foster carer’s approval should be held and a written report ( Directors Authority ) detailing the circumstances leading to the conviction/caution, together with background information from the foster carer’s case record. Following the Director's authority approval/ guidance the review report must be presented to the Fostering Panel as soon as possible. The report should contain a recommendation on whether consent should be granted to allow the foster carer to continue to be approved as a foster carer for the child or children currently in placement.
Where such information is received, the social worker for any child currently in the placement must be informed and plans for the termination, if necessary, of the placement will also need to be considered as appropriate.
Where the Director's authority/report recommends the termination of approval of the foster carer, the report should be presented to the earliest possible Fostering Panel.
The Head of Service (Resources, Commissioning and Placements) will consider the recommendation of the Fostering Panel on any such applications. The decision will be recorded in writing and a copy placed on Frameworki of the foster carer.
Written notice of the decision, together with reasons, must then be sent to the foster carer as soon as practicable.
Where a decision is made to terminate the approval of the foster carer, the representations procedure as set out in Annual Review of Foster Carer Procedure will apply.
End