Exemptions and Extensions
Scope of this chapter
Please note that applications for exemption in relation to foster carers living in a different local authority area must be made to the manager of the fostering service for the local authority in whose area the foster carer lives.
Regulations and Standards
The Fostering Services (England) Regulations 2011
Fostering Services: National Minimum Standards:
STANDARD 14 - Fostering panels and the fostering service's decision maker
Amendment
In November 2024, this chapter was updated locally where required.
A person may not foster more than three children in each foster home except where all children are siblings.
In all other circumstances, foster carers may only exceed this number if an exemption has been agreed.
Applications will usually be made because of the following exceptional circumstances:
- The child concerned was previously placed with the foster carers and his or her placement elsewhere has disrupted;
- The foster carers have special skills to meet the child's needs which are not available elsewhere;
- 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;
- The placement is required to keep siblings together.
Applications can only be made with the agreement of the foster carers concerned.
When considering an exemption the following factors should be regarded:
- The number, ages and circumstances of the children concerned;
- The arrangements proposed for the care and accommodation of the children concerned;
- The relationship between the foster carers and the children concerned;
- The period of time over which the placement is likely to last;
- The likely effect on the children concerned and any other children living in the household;
- 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 fostering service is seeking to identify a suitable placement for a child or children, i.e. 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 social worker(s) to any other child in the placement should be consulted in order to seek their views on any impact (positive or negative) from an exemption being granted.
All applications for planned exemptions for foster carers must be made in writing, supported by reasons, to the Local Authority for the area in which the foster carers live. The written application will be prepared by the Supervising Social Worker in conjunction with the relevant child's social worker.
The Local Authority's 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. The Fostering Service will be notified in writing of the decision and will ensure the foster carer is notified.
Upon the granting of an exemption, a time limit will be specified and an exemption can only extend beyond that date if the Local Authority authorises it.
The decision must be recorded.
The decision will be reported to the next available Fostering Panel for information.
Depending on the Local Authority involved, there may be arrangements in place for a Duty Manager within the Local Authority to agree for a child to be placed in a foster home above the usual limit in an emergency.
If such arrangements exist an application for an emergency exemption must be made to the relevant manager in line with their procedures.
Otherwise emergency exemptions cannot be granted.
Any emergency decisions to grant an exemption must be confirmed in writing and copies of the decision, together with the reasons, must be placed on the foster carer's record. A copy must also be sent to the foster carer.
The Registered Manager will be responsible for the ongoing oversight of the exemption, ensuring it is adhered to.
The Foster Panel will consider the exemption arrangements at the Foster Carer’s review.
The Fostering Service is responsible for recording the ending the exemption when the exemption is no longer required.
Where a foster placement is identified for a child and would be within the usual fostering limit but outside of the foster carer's terms of approval, a review of the foster carer’s approval is required.
In the case of emergency changes to approval, a temporary decision can be made by the Fostering Manager and any such decision can only last for up to 6 working days. This is made under, Reg 23(1) of The Care Planning, Placement and Case Review (England) Regulations 2010. An exemption to the usual fostering will also be required, if the placement means that more than three children will be placed and they are not all siblings of each other (Section 2, Reasons why an exemption may be considered).
After 6 working days the placement must be terminated, unless a review has taken place within that period and the carer’s terms of approval have been changed. The review should then be presented to the next available foster care panel prior to being considered by the ADM, in line with usual review procedures (Review and Termination of Approval of Foster Carers Procedure).
Undertaking a review at short notice
Care should be taken in deciding whether to make a change of terms of approval and best practice would be not to make such decisions without allowing all concerned time to reflect on the implications in so doing.
On rare occasions it will be necessary to undertake a review within 6 working days to allow for a child placed temporarily outside of approval terms, to lawfully remain in a particular foster home.
All reviews must comply with all legal requirements and without exception must include views from the following:
- Foster carer;
- Any child placed with the carer;
- Any placing authority which has, within the previous year placed a child with that carer.
The supervising social worker and their manager will need to ensure time is prioritised to undertake this work. This must include the preparation of a sufficiently detailed supervising social worker report, obtaining a foster carer report, and making time to meaningfully seek the views of the children in the foster home. It will also be necessary to obtain a report from the social worker for any child in placement. Every effort should be made to seek the views of others as per the usual review process.
Last Updated: November 11, 2024
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