Staying together and connected: getting it right for sisters and brothers: national practice guidance

19. The role of the Fostering Panel

If, following assessment, it is felt there are exceptional circumstances which mean that a child may continue to live with a foster carer, and that this results in the foster carer looking after more than three unrelated children; and this situation should continue for longer than four weeks, then the local authority must refer the case to the fostering panel under Regulation 27B(2) of the 2009 Regulations. This referral must be made within four weeks of the date that the placement of a child resulted in more than three unrelated children living together in foster care (or as soon as practicable thereafter).

As with all referrals to the fostering panel, it is essential that the local authority provides information about the foster carer, their household and family (under Schedule 3 of the 2009 Regulations), and any other information the local authority considers to be appropriate. In cases such as these which are considered to be exceptional circumstances, to enable them to make their recommendation the local authority should provide the fostering panel with comprehensive detail outlining

• the specific circumstances of the individual child's needs and why this is an appropriate match in exceptional circumstances
• the nature and conclusions of the assessment of all the needs of all the children living in the household (as individuals and as a group)
• the foster carer(s)' capacity to meet them
• the views of the children and foster carers involved

In addition to their recommendations about the suitability of the foster carer(s) to continue to care for the children, the fostering panel may wish to make recommendations about any resources or support that are required to enable the continuation of the placement. Upon receipt of any recommendation of the fostering panel, the local authority must take this into account and make a decision on whether the foster carer is suitable to care for the children concerned within fourteen days, and notify the foster carer within seven days. If the decision made by the local authority is contrary to the recommendation of the fostering panel, the reasons for this must be clearly recorded in writing.