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Appealing against Non-approval, Approval Status or Termination
Foster carers have a right to appeal against a decision regarding non approval, approval status or de-registration.
If, at any time during the pre-approval process, the Department has any reason to believe that the approval of an applicant would not be in the best interests of the fostering and adoption team, the applicants or members of the applicants' family, then the fostering and adoption team will raise these concerns with the applicants.
If at all possible, a resolution will be sought at this stage, or the applicants counselled out of the process. In some circumstances where there are concerns a report can be presented to panel by the fostering and adoption team for their views on whether the application should proceed.
Process
- Following panel, the assessment or review and the recorded minutes and recommendations of the panel, will be presented to the agency decision-maker for final decision. The foster carers will be given the decision and reasons in a letter.
- The foster carers have 28 days from the date of this letter to provide, in writing, their intention to appeal against the decision. They should include, in writing, reasons why and any accompanying information to support their appeal.
- This letter should be addressed to the agency decision-maker.
- The assessment or review will be referred back to panel together with any supporting information provided by the applicant. Panel will reconsider its decision and the minutes, including recommendations, will be sent to the agency decision-maker for decision. As before, this decision, with reasons, will be provided in writing to the foster carer.
- Following this, there would be no further internal appeals process.
Actions
Task | ResponsibleOfficer | Record | Timescale |
Review or assessment is completed and presented to foster panel | Supervising social worker and manager | Assessment or annual review report | Following an incident, at next available panel; otherwise no later than 12 months after last review |
Tell the foster carers or applicants the recommendation and reasons for the decision | Panel chair and supervising Social Worker | Minutes and letter | Told at, or immediately following, the panel meeting. |
Confirm the decision and reasons in writing. The letter must inform the carers that they have a right of appeal within 28 days | Agency Decision Maker and Fostering Adoption Team Manager | Letter | Letter sent within 10 working days of ratification of decision |
If wishing to appeal write to the agency decision-maker to appeal decision including their reasons and supporting evidence | Applicant Foster Carer | Letter | Within 28 working days from receipt of decision in writing |
Inform the team manager for fostering and adoption team that an appeal has been received | Agency decision-maker | Within 5 working days on receipt of letter | |
Fostering panel meets and considers appeal | Panel chair | Minutes | At the next Panel meeting |
Foster carers are informed in writing of the decision and reasons | Agency decision-maker and Fostering and Adoption Team Manager | Letter Case record | Letter sent within 5 working days of making the decision |