Exemptions and Variations
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.
A person may not foster more than three children in each foster home except where all children are siblings.
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 duty fostering social worker 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 duty social worker should consult with the 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 living in the local authority area must be made in writing, supported by reasons, to the Designated Manager (Exemptions and Extensions from Fostering Limit) for approval. The written application will be prepared by the duty social worker 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. The foster carer will be notified in writing of the decision.
Upon the granting of an exemption, a time limit will be specified and an exemption can only extend beyond that date if the Designated Manager authorises it.
The decision must be recorded.
The decision will be reported to the next available Fostering Panel for ratification.
A child can not be placed in a foster home above the usual limit without specific authority to exempt the foster home from the limit up to the next working day and with the permission of the Senior Manager on duty.
An application for exemption must then be made to the Designated Manager (Exemptions and Extensions from Fostering Limit) as soon as practicable thereafter and any such exemption needs to be presented to the next available Fostering Panel, as with planned exemptions.
An interim decision may be necessary on an emergency basis pending full consideration of the exemption.
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 child's file and the foster carer's case record. A copy must also be sent to the foster carer.
The decision must be recorded.
The Fostering Panel will be responsible for the ongoing monitoring of the exemption.
Exemptions maybe cancelled or varied depending on the circumstances.
The Fostering Service is responsible for recording the ending the exemption when the exemption is no longer required.
The placement must also be compatible with the foster carer’s terms of approval. If the placement would not be compatible, then an extension/variation to their terms of approval will be required. (This will usually be in addition to an extension to the usual number of children, as detailed above.)
All requests for extensions and variations must be presented in writing to the Fostering Panel and thereafter the Agency Decision Maker (Fostering).
The only exception to this is where an emergency extension or variation to approval is required to enable a placement to take place before the case has been presented to the Fostering Panel. In these circumstances, the Designated Manager (Exemptions and Extensions) can agree an emergency extension of the foster carer’s approval to allow the placement to go ahead. Any such decision can last for up to 6 working days.
Last Updated: September 26, 2023
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