R (on the application of Raines) v Orange Grove foster care agency

Case date: 28 June 2006

An application by a foster carer for judicial review of a care agency’s decision to deregister her as a foster carer, where procedures had not been followed.

Ms Raines was approved by the defendant care agency as a foster carer. Between December 2003 and January 2004 she fostered I, a child aged 8. I was seriously disabled, wore a body brace and was also epileptic. After I’s return, the care agency’s staff raised concerns about the care Ms Raines had given I.

Those concerns focused mainly on the fact that he had developed a lesion under one of his arms from the body brace. It was alleged that Ms Raines had failed to treat the lesion, with the result that it had become infected. It was also alleged that Ms Raines had failed to administer I’s anti-convulsion medication. Finally, it was alleged that on his return, I had been unkempt and his hair and nails had been dirty.

The case was referred to the fostering panel for its recommendations under regulation29(9) of the Fostering Services Regulations 2002, SI 2002/57 (see below).  The evidence included a report by a doctor who had examined I shortly after his return from Ms Raines’s home.