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.
Amendment
in June 2025, this chapter was reviewed and updated in line with local procedure and should be re-read.
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 fostering household caring for a 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 fostering provision 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 arrangement 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 their care;
- 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 duty fostering social worker 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 duty social worker should consult with the manager and if agreed prepare an application for an exemption.
All applications for planned exemptions for foster carers living in the local authority area must be made in writing, supported by reasons, to the Designated Manager (Exemptions and Extensions) 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 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) of an additional child(ren) moving into the fostering household.
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 may 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.
Any decision to grant a UFL to a Derbyshire approved foster carer will be reported to the next available Fostering Panel for ratification. Foster carer and social worker’s attendance at panel will not be required.
The Duty Manager for the Out of Hours Service can agree for a child to be placed in a foster home above the usual fostering limit in an emergency i.e. without the agreement of the Designated Manager (Exemptions and Extensions).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) may be necessary pending full consideration of the exemption.
As with Section 3.1, Planned Exemptions, 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.
The Fostering Service will be responsible for the ongoing monitoring of the suitability for the exemption to the usual fostering limit. The Fostering Independent Reviewing Officer will be responsible for reviewing any ongoing exemption to the usual fostering limit for Derbyshire approved foster carers; at least annually.
The Fostering Service is responsible for recording the ending the exemption when the exemption is no longer required.
The foster carer’s terms of approval should be an accurate representation of the care that they are providing. If agreeing to care for a child(ren) would not be compatible with their current terms of approval then an extension/variation to their terms of approval will be required. Where a foster carer(s) is caring for more than 3 unrelated children, this will be in addition to an extension to the usual fostering limit, as detailed above.
All planned requests for extensions/variations must be presented in writing to the Fostering Panel or the Fostering Independent Reviewing Officer and thereafter the Agency Decision Maker prior to the child moving to live with the foster carers.
The only exception to this is where an emergency extension/variation to approval is required to enable a foster carer to care for a child outside of their terms of approval prior to the case has been presented to the Fostering Panel or Fostering Independent Reviewing Officer. In these circumstances, the Designated Manager (Exemptions and Extensions) can agree an emergency extension/variationof the foster carer's approval to allow the child to move to foster carers. Any such decision can last for up to 6 working days. Therefore the child should be moved after 6 working days or the foster carers’ approval should be changed by within the 6 working days to reflect the care being provided.
A request for extension/variation of approval must be presented in writing to the Fostering Independent Reviewing Officer by intermediary review. The supervising social worker will need to complete a Variation of Approval Form to provide a review and assessment of the proposed variation.
If the foster carer(s) have not yet had their first review at Fostering Panel then any request for extension/variation of approval must be presented in writing to the next available Fostering Panel with full First Review paperwork.
The social worker(s) to any other child(ren) in the household should also be consulted in order to seek their views on any impact (positive or negative) of an additional child(ren) moving into the fostering household and these views should be included in the request for extension/variation of approval.
Last Updated: June 12, 2025
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