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ADOPTION POLICY REVIEW GROUP: CHOICES FOR CHILDREN IN FOSTERING AND ADOPTION
Chapter 16. Foster Carers and Processes for Them
(a) Who can be approved as a foster carer?
There is nothing about who can or cannot be approved as a foster carer in the 1995 Act or Part II of the F Regs, which is headed 'Approval of Foster Carers'. However, there is a contentious provision in reg.12(4)of the F Regs. This is considered in Chapter 8, Public Fostering, pg. 54.
(b) Checks on previous offences
There needs to be consideration about whether there should be tighter provision, in regulations, about checks on previous convictions and related matters. There is a question as to whether there should be a list of convictions which would automatically make an applicant ineligible for approval. This issue applies equally to prospective adopters and is set out in Chapter 17, Adopters and Processes for Them, heading (b). If restrictions are provided in the domestic adoption assessment process, they should be reflected in the rules for assessing foster carers.
A related issue is whether regulations should specifically state that enhanced records checks must be carried out on carers. At present, previous convictions are simply listed as a matter of information to be sought by an authority in Sched 1 of the F Regs.
(c) Appeals by prospective foster carers
At present, there is no statutory provision for an appeal process for prospective foster carers whose applications are refused, either on initial application or on review. Foster carer approval must be reviewed annually, reg. 10(1) of the F Regs.
As with adopters, there needs to be consideration given to setting up a statutory procedure for appeals, possibly a national one. Section 12 of the 2002 Act introduces provisions for an independent body to deal with such appeals by adoption applicants in England and Wales. As with the previous issue, this matter applies equally to prospective adopters and is set out in Chapter 17, Adopters and Processes for Them, heading (c).
QUESTIONS:
56. Should there be a list of prescribed offences, which would automatically bar applicants from approval or re-approval?
57. Should there be a statutory appeals system for applicants who are refused approval or re-approval? Should it be a national one?
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