Thank you for the info on the legislation AS - yes I can see that the Discrimination Act does indeed state physical or mental disability, which I didn't realise. However there does seem to be an emphasis on physical disability, but I'm sure you could argue that the law also states that mental disability is included.
However this isn't about the law really. Most LAs have their own policies and procedures and should be working to the Fostering Regulations 2000 (think thay was the date) The thing is no one has the right to foster, no one has the right for their application to be taken up. I'm sure you realise all LAs are severely under-resourced and preparation and assessment of prospective carers is very costly. If therefore applicants are considering say babies and under 2's (and I'm not saying this because that is the age range you are considering) the LA may well have sufficient carers who are approved for that age range, and so it is not cost effective to take on new applicants. The usual need is for older children, sibling groups and children with disabilities (and this means physical disabilities) as children are not normally diagnosed as having mental health difficulties.
If the LA do still need carers for babies and younger children, they may well take up your application and you would be invited to a preparation group, usuallu about 8 sessions, where a lot of information is given about all aspects of fostering.
I would point out that this is a 2 way process and applicants need to use this time to see if fostering is something that they actually do want to take on, after hearing a great deal of information. If so then a comprehensive assessment will be undertaken (though there may be a delay as social workers are somewhat thin on the ground in most LAs) Reference will be taken up and as already said medicals and CRB checks taken up. Also a Health & Safety check will be done on your home. At the end of all this the assessing sw will make a recommendation as to your suitability (or otherwise) to foster. If there are problems along the way (as there often are) then the sw must talk over with the applicants the areas of difficulties in the hope that matters can be resolved. Sometimes in such cases, applicants withdraw, or the sw has to be straight and say they cannot give a positive recommendation (has to be something quite serious for this to happen).
All assessments for fostering have to be presented to the LA multi disciplinary Fostering Panel, chaired by an independent person. The vast majority of cases have a positive recommendation. However IF the assessing sw cannot give a positive recommendation (and they must provide full details of the reasons) applicants still have the right for their assesment to go before the panel. All applicants are encouraged to attend the panel; indeed most LAs make this a requirement.
Lets say it is a normal positive recommendation and the panel agree, they still cannot give official approval until the papers have been scrutinised by the Agency Decision Maker (senior manager) and then the formal letter of approval is sent out. IF there is not a positive recommendation, then the panel can agree or not. Either way, they must follow the agencie's procedures and send the papers to the Agency Decision Maker, and he or she makes the decision about approval or not. If the assessing sw, the fostering panel, and the agency decision maker do not believe that they can give approval, the agency decision maker will usually visit the applicants to explain why they could not be approved.
I have carried out hundreds of assessments for fostering and adoption and I can honestly say only 1 applicant for adoption, for whom I gave a positive recommendation, was turned down by the Fostering Panel, but the Agency Decision Maker overturned this on the grounds that the Panel had given insubstantial reasons for turning the applicant down. She was subsequently approved. I have had cases where early on (or part way through) the assessment, difficulties have arisen and discussed honestly with the applicants. This hasn't happened very often but in cases where it did the applicants withdrew their application.
SO in essence I am saying that no one has the right for their aplication to be taken up, nor the right to be approved as foster carers.
I hope AS that instead of finding out more and more information on the law that you contact the LA and declare your continuing interest after reading the information pack, and take it from there.
Coo sorry that was so long..........