What does fostering legislation require from the fostering panel?

Fostering legislation requires a fostering panel to provide an independent, properly constituted and evidence-based recommendation about an applicant’s suitability to foster and the terms of approval being considered. The panel must follow the procedures set out in the Fostering Services Regulations 2011 , act fairly, and give proper consideration to the information available to it. It does not itself grant approval: that remains the responsibility of the fostering service’s designated decision-maker.

The panel’s statutory functions

The panel’s main functions include considering:

• whether a person is suitable to become a foster parent;
• the terms on which that person should be approved, such as the age range, number of children, and relationship between children who may be placed;
• whether an existing foster carer remains suitable where a review is referred to the panel;
• whether approval should be varied, continued or terminated in cases referred under the regulations; and
• any other matter that the fostering service is required to refer to the panel under fostering legislation.

The panel must base its recommendation on the assessment material, relevant checks, references, training information, household circumstances and any other evidence that is relevant to the decision. It should consider both strengths and areas requiring further exploration rather than treating the assessment report as a formality.

Requirements about membership and expertise

Legislation sets requirements for the panel’s membership, including the need for appropriate social work knowledge and relevant experience. Panels also include independent members so that decisions are not made solely from within the fostering agency. The chair and members must have the skills, experience and understanding needed to consider fostering assessments and make balanced recommendations.

The fostering service must ensure that the panel is properly constituted and quorate when it reaches a recommendation. Its written procedures should explain how members are appointed, how meetings are arranged, how conflicts of interest are managed, and what happens if a member cannot take part. A member should not participate where there is a personal or professional conflict that could affect, or appear to affect, their impartiality.

How the panel must approach an assessment

The panel should examine the assessment as a whole. This includes the applicant’s motivation, capacity to care for children, understanding of safeguarding, health, relationships, support network, household members, accommodation and ability to work with professionals. It must also consider whether the proposed terms of approval are supported by the evidence.

Panel members may ask questions to clarify information or identify gaps. They can ask the fostering service for further information or request that an issue is investigated before a recommendation is made. A panel should not reach a conclusion based on assumptions, irrelevant personal preferences or information that the applicant has had no fair opportunity to address.

Where an applicant attends the meeting, the panel should explain the process and give them a fair opportunity to respond to relevant matters. The applicant may normally be accompanied in accordance with the fostering service’s procedures. The panel must handle personal information confidentially and comply with its legal duties when dealing with sensitive records.

Recommendations must be reasoned

The recommendation should clearly state the panel’s conclusion and the reasoning behind it. If approval is recommended, the terms of approval should be precise rather than expressed in vague language. For example, the recommendation should identify the proposed category of placement and any relevant limitations or conditions.

If the panel does not recommend approval, or recommends terms that differ significantly from those sought, the reasons should be recorded accurately. The panel’s recommendation and the evidence supporting it form part of the information considered by the designated decision-maker.

The decision-maker’s role is separate

The designated decision-maker must consider the panel’s recommendation and the supporting material before making the agency’s decision. The decision-maker should give reasons if the final decision differs from the panel’s recommendation. This separation is important: the panel provides specialist, independent scrutiny, while the decision-maker is accountable for the formal approval decision.

If the proposed decision is not to approve an applicant, or is to approve on materially different terms, the fostering service must follow the applicable notification and representations procedure. This gives the applicant an opportunity to challenge factual errors or explain matters before the decision is confirmed. Depending on the circumstances, the applicant may also have the right to request consideration by an independent review mechanism.

Records and accountability

The fostering service must keep an appropriate record of the panel’s consideration, recommendation and reasons. Panel papers and minutes should show that the relevant evidence was considered and that the recommendation was reached through a lawful and fair process. Records must be handled in line with data protection and confidentiality requirements.

In practical terms, fostering legislation requires the panel to be properly formed, sufficiently skilled, impartial, evidence-led and transparent about its reasoning. It is not required to approve every applicant, but it must reach its recommendation through a consistent process that protects the applicant’s rights and keeps children’s welfare and safeguarding at the centre of the assessment.