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Exemptions and Extensions

Exemptions and Extensions

1. Usual Fostering Limit on Number of Children

A person may not foster more than three children in each foster home except where all children are siblings.

In all other circumstances, foster carers may only exceed this number if an exemption has been agreed.

2. Reasons why an Exemption may be Considered

An ‘exemption’ refers to the powers given to local authorities under the Children Act to exempt a foster carer living within their area from the requirement to register as a Children’s Home, in order to care for four or more specific named children. Exemptions have to be applied for and agreed before a fostering agency can agree to any of their foster carers having more than three unrelated children placed

Applications 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.

3.1 Planned Exemptions

The need for an exemption will be identified at the point when the fostering service is seeking to identify a suitable placement for a child or children, i.e. 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 social worker(s) to any other child in the placement should be consulted in order to seek their views on any impact (positive or negative) from an exemption being granted.

All applications for planned exemptions for foster carers must be made in writing, supported by reasons, to the Local Authority for the area in which the foster carers live. The written application will be prepared by the Supervising Social Worker in conjunction with the relevant child's social worker.

Agency managers should consider the statutory guidance on assessment and approval of foster carers which provides that local authorities may find it helpful to develop decision-making protocols between themselves and fostering agencies.

The Local Authority's 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 Fostering Service will be notified in writing of the decision and will ensure the foster carer is notified.

Upon the granting of an exemption, a time limit will be specified and an exemption can only extend beyond that date if the Local Authority authorises it.

The decision must be recorded.

The decision will be reported to the next available Fostering Panel for information.

3.2 Emergency Exemptions

Depending on the Local Authority involved, there may be arrangements in place for a Duty Manager within the Local Authority to agree for a child to be placed with a foster carer above the usual limit in an emergency.

If such arrangements exist an application for an emergency exemption must be made to the relevant manager in line with their procedures.

Otherwise emergency exemptions cannot be granted.

Any emergency decisions to grant an exemption must be confirmed in writing and copies of the decision, together with the reasons, must be placed on the foster carer's record. A copy must also be sent to the foster carer.

4. Review and Monitoring of Exemptions

The Fostering Panel will be responsible for the ongoing monitoring of the exemption.

The Fostering Service is responsible for recording the ending the exemption when the exemption is no longer required.

5. Extensions and Variations to a Foster Carer’s Approval

The ‘temporary variation to a foster carer’s terms of approval’ is more accurately described as ‘permission to place a child outside a carer’s terms of approval in an emergency’.

In situations where it is necessary to place a child in an emergency, Reg 23 of the Care Planning, Placement and Case Review (England) Regulations 2010 allows ‘a responsible authority to place the child with a foster parent who has been approved, even if the terms of that approval are not consistent with the placement, provided that the placement is for no longer than six working days’.

At the end of those six working days, Skylark Fostering must terminate the placement, unless the terms of approval have been amended to be consistent with the placement.

Changing terms of approval within six working days of the child being placed

Terms of approval can only be amended following a review as outlined in Reg 28 of the Fostering Regulations (England) 2011 and the Agency Decision Maker’s approval of and agreement to the amended terms.

In July 2013, Regulation 28 of The Fostering Regulations (England) 2011 was amended (as set out in The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (8)) to allow this decision to be made without the need to issue a qualifying determination first.

Where Skylark Fostering proposes only to change the terms of approval, a decision can now be made to change them with immediate effect provided that:

  • A Foster Carer Review has taken place;
  • The service provides a statement setting out whether the fostering service provider considers that the foster carer or member of their household (including any children placed) may have additional support needs as a result of the proposed change and, if so, how those needs will be met; and
  • The service requests and receives the foster carer’s agreement in writing to the proposed revision of terms.

Last Updated: June 7, 2024

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