Exemptions and Extensions/Variations to Foster Carer Approval
Scope of this chapter
Please note that applications for exemption in relation to foster carers living in a different local authority area must be made to the manager of the fostering service for the local authority in whose area the foster carer lives.
A person may not foster more than three children in each foster home except where all the children are siblings.
In all other circumstances, foster carers may only exceed this number if an exemption has been agreed.
Applications for an exemption will usually be made because of the following exceptional circumstances:
- The child concerned was previously placed with the foster carers and their placement elsewhere has disrupted;
- The foster carers have special skills to meet the child's needs which are not available elsewhere;
- The placement of the child over the limit is the most appropriate way of meeting the child's needs arising from disability, race, religion, language and/or culture;
- The placement is required to keep siblings together.
Applications can only be made with the agreement of the foster carers concerned. When considering an exemption the following factors should be regarded.
- The number, ages and circumstances of the children concerned;
- The arrangements proposed for the care and accommodation of the children concerned;
- The relationship between the foster carers and the children concerned;
- The period of time over which the placement is likely to last;
- The likely effect on the children concerned and any other children living in the household;
- The foster carers' capacity to provide sufficient care for all the children in the placement;
- The need to safeguard and promote the welfare of the fostered children / young people and any other children / young people who live in the foster home.
The need for an exemption will be identified at the point when the Placement Service is seeking to identify a suitable placement for a child or children.
Where a foster carer is identified as the most appropriate option to meet the child's needs, and this is agreed by the supervising social worker for the carers and the foster carer, the supervising social worker should consult with the manager and if agreed prepare an application for an exemption.
The social worker(s) to any other child in the placement should also be consulted in order to seek their views on any impact (positive or negative) from a further placement commencing.
All applications for planned exemption for foster carers living in the local authority area must be made in writing, supported by reasons, to the Designated Manager (Exemptions and Extensions from Fostering Limit) for approval. Where the foster carers live in a different local authority area, the application must be made to the manager of the fostering service for that area. The written application will be prepared by the supervising social worker for the foster carers in conjunction with the relevant child's social worker.
The decision whether or not to grant an exemption will be recorded in writing, together with reasons. Any exemption will be specific to a child or children and can be subject to conditions. The foster carer will be notified in writing of the decision.
Upon the granting of an exemption, a time limit will be specified and an exemption can only extend beyond that date if the Designated Manager for the relevant local authority area authorises it.
The decision must be recorded.
The decision will be reported to the next available Fostering Panel for ratification.
The Duty Manager for the Out of Hours Service can agree for a child to be placed in a foster home above the usual limit in an emergency i.e. without the agreement of the Designated Manager (Exemptions and Extensions from Fostering Limit). This agreement will only last until the next working day.
An application for exemption beyond the next working day must then be made to the Designated Manager (Exemptions and Extensions) and any such emergency exemption needs to be presented to the next available Fostering Panel, as with planned exemptions.
An interim decision by the Designated Manager (Exemptions and Extensions from Fostering Limit) may be necessary pending full consideration of the exemption.
As with 3.1, the emergency and interim approval can only be given by the local authority for the area where the foster carers reside. Depending on the local authority involved, there may be arrangements in place for a Duty Manager within the local authority to agree an emergency or interim exemption. If such arrangements exist, an application for an emergency or interim exemption must be made to the relevant manager in line with their procedures. Otherwise an emergency exemption cannot be granted.
Any emergency or interim decisions to grant an exemption must be confirmed in writing and copies of the decision, together with the reasons, must be placed on the child's file and the foster carer's case record. A copy must also be sent to the foster carer.
The decision must be recorded.
All exemptions should be reviewed by the Fostering Team Manager monthly and an update provided to the Service Manager. The Fostering Team Manager must ensure that, in making the decisions about exemptions and variations, oversight is put into place to make sure that both the foster carer (s) and all the children placed are able to sustain the arrangements and that appropriate support can be put into place if required. Foster carers who are subject to an exemption must be made aware of support available. Where concerns are raised by either the social workers, the children or the foster carers, these must be fed back to the Service Manager in the monthly reports.
The Fostering Service is responsible for recording the ending the exemption when the exemption is no longer required.
The placement must also be compatible with the foster carer's terms of approval. If the placement would not be compatible, then an extension/variation to their terms of approval will be required. (This will usually be in addition to an extension to the usual number of children, as detailed above.)
Where a foster placement is identified for a child and would be within the usual fostering limit but outside of the foster carer's terms of approval, an extension/variation to their approval is required.
All requests for extensions and variations must be presented in writing to the Fostering Panel and thereafter the Agency Decision Maker (Fostering).
The only exception to this is where an emergency extension or variation to approval is required to enable a placement to take place before the case has been presented to the Fostering Panel. In these circumstances, the Fostering Team Manager can agree an emergency extension of the foster carer’s approval to allow the placement to go ahead. Any such decision can last for up to 6 working days. After six working days the placement must be terminated unless the terms of approval have been changed.
In order to change a foster carer’s approval, the requirement is to carry out a review of the foster carer’s approval, and for the Agency Decision Maker to issue a qualifying determination setting out the proposed change – with or without a recommendation from panel (it is good practice to seek a panel recommendation, but not a legal requirement unless this is the first annual review). The decision to change terms of approval would then be implemented at the end of 28 days from the date of the qualifying determination.
The Fostering Services Regulations 2011 were amended in 2013, so that in cases where the only change is to the terms of approval, as well as a determination notifying the foster carer of the proposed change, the fostering provider must also:
“(i) provide a statement setting out whether the fostering service provider considers that the foster parent or members of the foster parent’s household (including any children placed there) may have additional support needs as a result of the proposed revision and, if so, how those needs will be met, and
(ii) request the foster parent’s agreement in writing to the proposed revision of terms,”
If the foster carer agrees to the change it is then possible to ‘waive’ the 28 days’ waiting period and implement the decision immediately, in which case the decision is not a qualifying determination.
This written agreement must be freely given by the foster carer. If the foster carer does not agree to the change to the terms of their approval, the decision cannot be implemented until 28 days from the date of the qualifying determination. The foster carer may make representations to the fostering service or apply to the Secretary of State for a review of the qualifying determination (by applying to the Independent Review Mechanism) within the 28 day period.
Last Updated: May 27, 2025
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