Where you do not agree with the proposed decisions of your agency, the IRM can independently review the “qualifying determination” (see below for an explanation of this term) and make a new recommendation having considered all the relevant information afresh. This is not an appeal but the review panel recommendation must then be taken into account by the agency when a final decision is made by them.
It is the term that is used when something has happened that makes you eligible to apply to the Independent review Mechanism (IRM), for a review.
Those things would be:-
That the panel and the agency decision maker have considered your application or review and believe you should not be approved, be de-registered or if you are a foster carer have your terms of approval changed without your agreement
They will send you a letter offering you the option to
You cannot ask the agency to reconsider and apply to the IRM you have to choose to do one or the other.
Yes it does, this is very important as the IRM cannot accept applications after 28 days, (foster carers) and 40 days (adoptive parent).
They cannot do that if you apply outside the timeframes (see above).
You must have a qualifying determination (QD).
You need to apply in writing, giving the reasons why you wish to have the agency recommendation reviewed. It does not have to be detailed at this stage as you will be given the chance to send further information before the review panel. You can e mail this to email@example.com.
No it considers all the information, including any information you have shared with the IRM and the minutes from the IRM panel and recommendations from them and then the Agency decision maker (ADM) comes to a final decision. That is why it is a review panel rather than an appeal.
That’s a good question! What people who have had cases reviewed at the IRM have said is that even when they did not get the recommendation they hoped for they did feel they had had an opportunity to present all the information they wanted and be listened to and were confident that the recommendation was based on full information. They had also had a chance to be fully involved in the review panel and see the minutes which helped them understand the panel’s reasons for the recommendation.
The agency decision maker (ADM) of the agency you applied to will do this and write to you. They will give you reasons for their final decision.
Yes and you can send information in advance of the panel for panel members to read.
The information you send will go to the panel members along with the information that went to your agency panel. It can be helpful to explain why you wish to have the recommendation reviewed and the reasons why you feel your agency has not come to the right recommendation.
It can be useful for fostering applications to look at the fostering competencies and consider why you feel you meet them and provide evidence for that. They are included at the end of this document.
No if you apply for a review, the agency you made your application to or who you are approved by will pay the costs.
There will be a minimum of 5 panel members that includes social workers and those with personal experience of fostering and adoption
There will also be a panel advisor, sometimes a medical advisor, (they have to be present for adoption applications) and a panel secretary who takes the minutes.
Sometimes there are observers, such as people who are training to be panel members and the manager of the IRM service often observes the panel.
No, panel members are experienced people drawn from a ‘central list’. They must have no link with your agency or have had any link in the past year.
You will be invited, (using Microsoft Teams or Zoom) to meet with the chair and the panel advisor of the IRM review panel along with the people who will be representing the agency. The chair will explain what will happen on the day of the panel and there is a chance to ask any questions. If you have a ‘supporter’ they will be invited to attend the meeting
Panel members will have had all the information in advance of the panel. That will be all the information that went to the agency panel and any additional information you have sent in support of your review.
They will then:
The agency is asked to send 2 representatives that is often the assessing or supervising social worker and their manager.
Yes they can join the meeting but they cannot speak.
Once you leave the panel there will be a discussion and panel members will arrive at their recommendation and the reasons for that. The recommendation will be e-mailed to you later that day but not the reasons for it. That is because it is felt to give a more accurate picture if you read the minutes which will show why panel reached the recommendation it did.
Yes they will be sent to you at the same time as the agency. If there is any third party information, (for example from referees that there has not been consent to share with you that will be removed).
The agency will write to you with its final decision and the reasons why it is making that. They also have to let the IRM know what that is and the IRM shares the information on a six monthly basis with Welsh Government.
No, if you are not happy and wish to take this further you would need the advice of a solicitor about what your options are.
Yes if you do not feel you have been treated fairly by the IRM you can complain to the IRM. You cannot complain about the recommendation.
The following competencies are listed in Section E of Form F (Fostering).