The Independent Review Mechanism (IRM)

What is the IRM?

The Independent Reviewing Mechanism (IRM) operates the process by which prospective or approved foster carers, can seek a review of a decision or ‘qualifying determination’ made by a fostering service provider. This might be a decision not to approve a prospective foster carer, terminate approval as a foster carer, or change the terms of approval.

If the foster carer or prospective foster carer/kinship foster carer disagrees with the decision of the Agency Decision Maker (ADM), they have 28 days from the date of the letter they receive to request a review of the decision and the IRM route is an option for this.

The review process is conducted by an IRM review panel which is independent of the fostering service . The review process does not have the power to deal with complaints these should be dealt with through the fostering service’s own complaints procedure.

What recommendations can the IRM make?

The IRM review panel is not an appeal, it is a review and cannot overturn the fostering service providers qualifying determination, but can make fresh recommendations for the ADM to consider. The panel will, having received the reports and spoken with the carers and representatives from the fostering service and any other enquiries it feels are required, make recommendations as to whether a foster carer(s) is suitable to foster, and the terms of approval.

They may also make recommendations to the fostering service regarding any learning points. The IRM recommendation will go back to the fostering service ADM for consideration, who will then write to the foster carer with a final decision. If there is disagreement with the IRM recommendation the ADM must record their reasons, but their decision is final.

How do I make an application to the IRM for review?

Fostering services should advise you of your rights to make representations to your fostering service provider or apply to the IRM for a review of their case when you receive your qualifying determination letter. If you have not been advised of these rights please let your fostering service provider and/ or the IRM know. You need to make an application preferably by email. Applications must be made within 28 calendar days from the date of your fostering service provider’s letter (the qualifying determination). The IRM holds its panels virtually, though a face to face panel could be arranged in exceptional circumstances to meet a specific need.

Once the IRM accept your application, they will let you know the date and time of the panel. Your case will be considered by a review panel whose members have professional or personal experience of child placements.

How long does the IRM process take?

The IRM aims to complete each case within four to five months of receiving the application. Once they have received the application and a copy of the qualifying determination letter, they will email you a letter to confirm the case has been accepted.

Can I apply to the IRM for a review and make representations to my fostering service provider?

No: the carer or prospective carer must make a choice whether they wish to make representations to their fostering service provider OR apply to the IRM for a review of their case.

Preparation for IRM Panel

As it may be several months after the fostering approval / reapproval process happened, preparation is vital. If you have an independent support worker, they may help you prepare for areas the panel might ask questions about. Your independent worker may attend with you, but are unable to speak on your behalf.

A copy of the panel papers will be emailed to you 2 to 3 weeks prior to panel, it will exclude any third-party information which you are not entitled to see. You cannot withdraw your application once the IRM panel papers have been sent out to the IRM panel members.

What happens after the hearing?

You will be emailed the IRM panel’s recommendation 7 working days after the panel hearing, with the minutes emailed on the 10th working day. The fostering service provider ADM will then make a final decision, taking into account the IRM recommendation. The ADM will write to you formally to let you know the final decision. There is no right of appeal against the ADM final decision. If you remain dissatisfied with this decision, you should seek your own advice from, for example, a solicitor as to what action you may take.

What are the costs?

There is no charge to the foster carer or prospective foster carer to have a case reviewed. The fostering service provider does contribute towards the cost of an IRM Review.

What if I want to complain about the IRM?

Complaints cannot be made about the IRM panel’s recommendation. However, there is a formal complaints procedure that is available to use for other issues, which sets out the steps you should take to complain.

Advice and experience from foster carers at IRM

“It is vital to have independent support for this part of the process, even if you haven’t accessed this before. They can help you to prepare and let you know what to expect”.
“It’s good to hear the fostering service provider being asked similar questions to those you have been asked so it feels like a fair process”.

Notes

1 The option of using the IRM does not apply in a case where the fostering service provider considers in accordance with reg 26(8) that the person is not suitable to act as a foster parent reg 27 (7)- Fostering Services (England) Regulations 2011 (as amended). This is in relation to a conviction or caution for specified offences as detailed in schedule 26(5) of the regulations that applies to anyone over the age of 18 in the household.

2 The review panel will make its recommendation after it has taken into account the information that was put before the original fostering panel, and any additional information that may have been submitted for consideration by the IRM panel such as: • Any relevant information received by the fostering service provider after the papers had been sent to their original fostering panel. • Your IRM application and grounds. • Any further information requested by the IRM from yourselves or the fostering service provider. The IRM may also obtain its own medical and/or legal advice.

Useful pages