Q&As

Foster carers have been approved by the fostering panel to adopt, but, following their approval, further information came to light which had to be investigated. The investigation was completed and an addendum report supported approval. Does the case have to go back to the fostering panel or to the agency decision maker? What are the regulations underpinning this?

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Published on LexisPSL on 13/05/2020

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Foster carers have been approved by the fostering panel to adopt, but, following their approval, further information came to light which had to be investigated. The investigation was completed and an addendum report supported approval. Does the case have to go back to the fostering panel or to the agency decision maker? What are the regulations underpinning this?

Foster carers have been approved by the fostering panel to adopt, but, following their approval, further information came to light which had to be investigated. The investigation was completed and an addendum report supported approval. Does the case have to go back to the fostering panel or to the agency decision maker? What are the regulations underpinning this?

The Fostering Services (England) Regulations 2011 (FS(E) Regs 2011), SI 2011/581, reg 27 governs the approval of foster parents. In considering what recommendation to make to the fostering service provider, the fostering panel must consider and take into account all of the information passed to it and may request the fostering service provider to obtain any other relevant information or to provide such other assistance as the fostering panel considers necessary. The fostering panel may obtain such legal advice or medical advice it considers necessary.

It would appear that where further information comes to light after a foster parent has already been approved, prompting an investigation, that, absent any other mechanism in the regulations, the review process set out in FS(E) Regs 2011, SI 2011/581 may be adopted. That process is, in summary, as follows:

  1. FS(E) Regs 2011, SI 2011/581, reg 28

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