Exemptions
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.
Amendment
This chapter was updated in March 2023 in line with Local Procedure/Guidance.
A person may not foster more than three children in each foster home except where all children are siblings.
A child may be placed with Foster Carers for up to 6 days without affecting this limit. 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 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 Agency Decision Maker for approval. The written application will be prepared by the duty social worker in conjunction with the relevant child's social worker.
The decision on 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 Agency Decision Maker authorises it.
The decision must be recorded and will be reported to the next available Fostering Panel for noting.
A child can only be placed in a foster home above the usual limit for up to 6 days without specific authority to exempt the foster home from the limit.
An application for exemption must be made to the Agency Decision Maker 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 Team Manager will be responsible for the on-going monitoring of the exemption and for recording the ending the exemption when the exemption is no longer required. If an extension to an exemption is required then this must be submitted to the Agency Decision Maker before the timescale previously agreed has expired.
Last Updated: March 16, 2023
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