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Contents

1.	Initial Discussion
2.	Notification of Interest
3.	Review of Permanence Plan
	3.1	Review of Permanence Plan - Initial Consideration of Foster Carers Interest/Intended Application
	3.2	Review of Permanence Plan - Final Response to Foster Carers Interest/Intended Application
4.	Legal Process
5.	Contingency Action to be taken when the Carers Proposal/Intended Application is not Seen as Meeting the Permanency Needs of the Child

1. Initial Discussion

1.1 Approved Foster carers

Where a foster carer offers to or shows an interest in providing a permanent home for a Looked after child who they are already caring their supervising social worker will be informed.  The supervising social worker should discuss with the child's social worker and they consult with either  an  Adoption  Manager  or the Designated Manager- Special Guardianship Support prior to meeting with the foster carers to ensure the availability of full and up to date information about how their application will be assessed and that this would include an assessment of their support needs and any subsequent service provision.

The supervising social worker/child's social worker  will meet with the foster carers and provide them with written materials describing:

• The options by which they could acquire Parental Responsibility (Adoption, Special Guardianship, Residence Order)
• What they may have to offer in the light of the eligibility criteria for adoption if this is one of the options they wish to consider.
• The support needs, especially the financial implications, of the above options
• The implications of each option on their career as foster carers.
• An explanation of Adoption Support  and Special Guardianship Support. See Special Guardianship Support Services Procedure

A record will be kept of the information provided and the discussion on the foster carers file.

The Family Rights Group provide useful guidance

1.2 Those who are known to the child who are not Approved Foster Carers

If adoption refer to Section 14, Assessment of Applicants who wish to Adopt a Looked After Child known to them of the Assessment and Approval of Prospective Adopters Procedure

If Special Guardianship or Residence Order

The child's social worker should consult with the Designated Manager-Special Guardianship Support prior to meeting with the interested person to ensure the availability of full and up to date information about support needs and service provision.

The child's social worker will meet with the interested person and provide them with written materials describing:

• The options by which they could acquire Parental Responsibility (Adoption, Special Guardianship, Residence Order)
• What they may have to offer in the light of the eligibility criteria for adoption if this is one of the options they wish to consider.
• The support needs, especially the financial implications, of the above options
• An explanation of Adoption Support  and Special Guardianship Support. See Special Guardianship Support Services Procedure

A record will be kept of the information provided and the discussion on the child's case record.

The Family Rights Group provide useful guidance

2. Notification of Interest

The foster carer or relative /friend will make written notification of their interest in acquiring Parental Responsibility of the child.

Foster carers should write to the child's social worker and the line manager of their supervising social worker. A relative /friend should notify the line manager of the child's social worker.

It is essential that a foster carer/relative /friend considering offering adoption/Special Guardianship/Residence Order should indicate this interest at as early a stage as possible.  Although it is imperative a foster carer/ relative /friend should be allowed sufficient time to fully consider the implications of their offer there is a balance to be stuck between giving foster carers/ relative /friend's time to reflect and the timescale for the child. Where placement options have been identified that meet the child permanence needs expressions of interest from foster carers/ relative /friend would not usually be considered.

Notice of Application to Apply for an Order

Foster carers may make a direct application to the Court for Adoption, Special Guardianship or Residence Order when the child has been living with the carer for 12 months. They must give the Local Authority 3 months notice.

Relative /friend's may make an application to the Court for Adoption, Special Guardianship or Residence Order of a Looked After child if they have the consent of the local authority or leave from the court.

3. Review of Permanence Plan 

A review of the Permanence Plan should be held when:

• A foster carer/relative/friend has given written notice of interest
• A foster carer has given notice that they will be making an application to the court for Adoption, Special Guardianship or Residence Order.

This is likely to involve at least two meetings:

• Review of Permanence Plan- Initial consideration of foster carers/relative/friend  interest/intended application
• Review of Permanence Plan- Final response to foster carers/relative/friend   interest/intended application

The meeting will be convened by the manager of the child's social worker. In the case of foster carers it  will include the supervising social worker and their manager. In the case of relative /friend an Adoption Manager or the Designated Special Guardianship Support Manager  should be consulted an may  attend. An adoption manager and/or  family finder (if appointed) will attend if adoption is being considered. Legal opinion will be sought prior to the meeting. The foster carer/relative /friend will be invited. Consideration will need to be given as to whether there is a confidential section to the meeting.

3.1 Review of Permanence Plan - Initial Consideration of Foster Carers/Relative /friend Interest/Intended Application

The meeting will consider:

1. Whether the Foster Carer's/Relative /friend Proposal/Intended Application could meet the Permanency Needs of the Child
2. Action to be taken if the Foster Carers Proposal/Intended Application is seen as Potentially Meeting the Permanency Needs of the Child
3. Section 6, Contingency Action to be taken when the Carers Proposal/Intended Application is not seen as Meeting the Permanency Needs of the Child

Whether the Foster Carer's/Relative /friend Proposal/Intended Application could meet the Permanency Needs of the Child

Factors to be considered:

Current progress towards achieving the outcomes specified in the child's Permanence Plan and the likelihood and timescale of achieving these outcomes The anticipated likelihood of the foster carers/relative /friend meeting the outcomes specified in the Permanence Plan. Factors to consider include:
	1.	The child's attachments to their current carer
	2.	The wishes of the child
	3.	The views of the parent
	4.	Length of time in current  placement and likely impact of further moves
	5.	Carers current and anticipated ability to meet the needs of the child
	Current and future support needs
	6.	Foster carers /Relative /friend ability to meet agency eligibility criteria (adoption)

Where the meeting concludes that:

1. The foster carers/relative /friend could potentially meet the child's permanence needs see Action to be taken if the Foster Carers Proposal/Intended Application is seen as Potentially Meeting the Permanency Needs of the Child
2. The foster carers/relative /friend could not meet the child's permanence needs see Section 6, Contingency Action to be taken when the Carers Proposal/Intended Application is not seen as Meeting the Permanency Needs of the Child

Action to be taken if the Foster Carers/Relative /friend Proposal/Intended Application is seen as Potentially Meeting the Permanency Needs of the Child

An action plan including timescales will be drawn up to address the following

• Determine assessment to take place including an assessment of any support needs
• Prepare outline support plan,  including possible financial support, if identified
• Looked After Review will need to be convened if there is a proposal to  change to plans for the child
• Consideration of legal route
• Consideration of procedure to be followed and which Permanence Panel will consider case

Assessment

The assessment process will explore and identify:

• The current needs of the child
• The circumstances of the carer and their current and future capacity to care for the child
• Current and any future support needs of the child, the carer, including members of the carer's household and the child's birth family with particular regard to contact.

A financial assessment will be undertaken and an outline proposal will be prepared for the carer- see Ongoing Payments in respect of - Adoption Support, Special Guardianship Support and Residence Order Allowance Guidance

Assessment activity where Adoption is proposed:

• The current needs of the child- Core Assessment to be updated or existing Child Permanence Report updated see Paragraph 2.16 of Planning for Adoptive Placement Procedure
• The circumstances of the foster carer/relative/ friend and their current and future capacity to care for the child- An adoption team social worker will be allocated to coordinate the preparation of an A Prospective Adopters Report see Section 14.1, Expression of Interest of Assessment and Approval of Prospective Adopters Procedure
• Current and future support needs of the child, the carer, including members of the carer's household and the child's birth family with particular regard to contact. An adoption team social worker will be allocated to coordinate this activity See Adoption Services Procedure - Section 6.1 Adoption and Section 1.2, Actions of Family Finder of Placement for Adoption Procedure

Assessment activity when Special Guardianship or Residence Order are proposed:

• The current needs of the child- Core Assessment to be updated
• The circumstances of the carer and their current and future capacity to care for the child
• Current and any future support needs of the child, the carer, including members of the carers household and the child's birth family with particular regard to contact.
• Special Guardianship see - Section 6, Process of Assessment for Special Guardian Support before an Order is made of Special Guardian Order Support Procedure
• Residence Order see Section 4, Payment of Residence Order Allowance of Residence Order Allowances Procedure

Consideration of legal route

Legal advice should be sought by the child's social worker regarding any application  as to which is the most appropriate route allowing the foster carer/relative /friend to acquire Parental Responsibility. Factors to be taken into consideration are the child's current legal status, potential difficulties and delays associated with option, likely response of parents or others with Parental Responsibility and costs.Some children may have been presented to Adoption Panel and have an Agency decision  that they "Should be Placed for Adoption "

The foster carer/relative/friend should have a full understanding of the child's legal situation. The relevant procedure for adoption equally applies when Special Guardianship or Residence Order are being considered See - Section 2.1 (v), Ensuring prospective adopters have full information and understanding of the child of Placement for Adoption Procedure. Ensuring prospective adopters have full information and understanding of the child:

Consideration of procedures to be followed

Currently only where children have a plan for  Adoption would this need to go to Adoption Panel. Consultation should take place with the Adoption Manager during the assessment about how any proposed change to this plan should be managed as this would need to go back to Panel and legal advice must be sought as well as planning for a Looked After Child Review .

There is no Panel currently considering applications for permanency through either Residence Order or Special Guardianship.

3.2 Review of Permanence Plan - Final Response to Foster Carers/Relative/friend Interest/Intended Application

The purpose of the meeting is decide whether the foster carers/relative/friend proposal/ notice of intent will lead to a situation where the child's permanence needs can be met and that the child's care plan should be changed accordingly.. This decision will be informed by information and analysis from assessment activity that has taken place. There may be circumstances where further assessment or information activity needs to be made before a decision can be made in which case a further meeting to review the Permanence Plan will be held.

Where it is decided that the foster carers/relative /friend could not meet the child's permanence needs see Section 6, Contingency Action to be taken when the Carers Proposal/Intended Application is not seen as Meeting the Permanency Needs of the Child

Where it is decided that the foster carers/relative /friend could meet the child's permanence needs the meeting will review progress and determine steps to be taken to ensure that:

• In the case of Adoption or Special Guardianship if the assessment identified any support needs these are outlined in a  viable support  plan.
• There is a  plan for possible financial support and that this has been agreed by the relevant Designated Manager for ;Residence Orders , Special Guardianship , or Adoption
• There is an agreed legal plan for leading to the foster carer/relative /friend acquiring parental responsibility
• The Care Plan is modified.
• A Looked After Review is convened to consider the proposed change to the Care plans for the child.

4. Legal Process

The legal route to achieving permanence will have been previously identified and legal advice will have been sought see Consideration of legal route.

The legal processes are:

Adoption- Where there is an existing authority to place for adoption through a Placement Order or Parental Consent to Adoptive Placement procedure, Section 5, Planning the Placement of Placement for Adoption Procedure  should be followed. Where there is no authority to place for adoption the options are for the agency to apply for a discharge of the Care Order with an Adoption Order being made or for the foster carer/relative/friend to make a direct application for the Adoption Order

Special Guardianship or Residence Order- The local authority can apply for a discharge of the Care Order with the foster carer/relative/friend becoming a party to the discharge proceedings with Special Guardianship or Residence Order being made or for a direct application to be made

The child's social worker will prepare the reports for the court:

• Adoption- see Court Reports Guidance - Section 3, Special Guardianship - Matters to be dealt with in the Report for the Court
• Special Guardianship- see Special Guardianship Order Court Reports Procedure - Section 4, Applications for Special Guardianship Orders Involving Children who are Looked After

5. Contingency Action to be taken when the Carer's Proposal/ Intended Application is not seen as Meeting the Permanency Needs of the Child

The foster carer will be informed in writing of the reasons for recommendations of the planning meeting. They should have full opportunity to discuss the reasons with their supervising social worker or manager or child's social worker or manager. The foster carer may make written representation to the Service Manager- Adoption and Fostering within 28 days of the date of the letter. If the foster carer considers that the department has not correctly followed it's procedures they may use the complaint procedure.

Consideration must be given to the capacity of the foster carers to continue to meet the needs of the child. Sources of support for the foster carer must be explored. Where there is a concern that that the foster carer is unlikely to be able to continue to support the child's care plan consideration must be given to an alternative placement.

Where the foster carer has given notice of intention to make a direct application to the court immediate legal advice must be sought-

Consideration should be given as to whether:

• the current Care Plan is likely to meet the child's permanence needs and whether action needs to  be taken to review it
• A Looked After Child review should be held.

End