Persons Disqualified from Fostering

1. Persons Disqualified from Fostering or Adoption

A person is disqualified from acting as a foster carer or adopter for the agency if s/he or any adult member of the household has been cautioned for or convicted of a specified offence committed at the age of 18 or over.

A list of The Specified Offences for Which an Individual is Deemed Unsuitable to Foster or Adopt a Child is in The Specified Offences for Which an Individual is Deemed Unsuitable to Foster or Adopt a Child Policy.

2. Exceptions

Any person who has been convicted or cautioned for a specified offence cannot be approved to foster or adopt. However this does not apply if the offender was under the age of 18 at the time when the offence was committed

There is no power for the Children's Trust to make exceptions for prospective adopters

In exceptional circumstances the Children's Trust may approve a person who has been convicted or cautioned for a specified offence to foster a particular named child or children if it is satisfied that the welfare of the child/children requires it and:

• The person, or another member of her/his household, is a close relative of the child; or
• The person is already acting as a foster carer for the child.

3. New Applications

Where Disclosure and Barring Service checks reveal that an applicant for approval as a foster carer or adopter 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. The file should also be closed electronically.

Where the applicant is seeking approval as a Family and Friend Foster Carer 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 Fostering.

In these circumstances, the assessing social worker responsible for carrying out the checks on the prospective foster carer should prepare a report on the application setting out:

1. The reasons for the application;
2. The circumstances surrounding the conviction or caution which would result in the person being disqualified unless consent is given;
3. An assessment of whether the placement would meet the child's needs despite the conviction/caution; and
4. A recommendation as to whether the application should proceed.

The assessing social worker will submit the report to the Head of Fostering, who will decide whether the assessment should proceed.

The decision will be recorded in writing and a copy placed on the case record of the applicant.

4. Approved Foster Carers

Where information is provided or updating Disclosure and Barring Service checks reveal that an approved foster carer has been convicted of or cautioned for a "specified offence", an urgent review of the foster carer's approval should be held - see Review and Termination of Approval of Foster Carers Policy - and a written report detailing the circumstances leading to the conviction/caution, together with background information from the foster carer's file, 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.

A copy of the report should be sent to the Panel Administrator at least 10 working days before the relevant Panel meeting.

Where such information is received, the social worker for any child currently in the placement must be informed and plans for the termination of the placement will also need to be considered as appropriate.

Where the report recommends the termination of approval of the foster carer, the report should be presented to the earliest possible Fostering Panel.

The Agency Decision Maker (Fostering) will consider the recommendation of the Fostering Panel on any such applications.

The decision of the Agency Decision Maker (Fostering) will be recorded in writing and a copy placed on the case record of the foster carer.

Written notice of the decision, together with reasons, must then be sent to the foster carer as soon as practicable.

5. Prospective Adopters

Where information is provided or updating Disclosure and Barring Service checks reveal that an approved prospective adopter has been convicted of or cautioned for a "specified offence" the social worker must notify the Head of Adoption immediately. The Head of Adoption will notify the prospective adopter in writing that they can no longer be considered suitable to adopt a child.

The adoption social worker will notify the social worker responsible for any child placed with the prospective adopter and discuss alternative plans for the child.