Can a fostering agency refuse a transfer?

A fostering agency cannot normally veto your decision to leave and explore another agency. However, a transfer is not automatic. The agency you are considering joining must decide whether it can accept responsibility for your approval, and the current agency may need to manage safeguarding, placement or regulatory matters before the move can be completed.

It is important to distinguish between two different decisions:

• Your current agency refusing to release you: it should not use ordinary disagreement about your decision to prevent you from pursuing a transfer. You can ask for its position and any concerns to be given to you in writing.
• The prospective agency declining to accept you: this may happen if, after assessment, it concludes that it cannot safely or appropriately take on your approval, existing placement arrangements or support needs.

A transfer may take longer if there is an ongoing allegation, safeguarding concern, serious standards issue, unresolved complaint, investigation or formal review involving you or a child in your care. These matters may need to be shared and addressed so that information is not lost when responsibility changes. A move should not be arranged in a way that places a child’s safety, welfare or emotional stability at risk.

Existing placements require particular care. The placing local authority, the child’s social worker and other relevant professionals may need to be involved, especially where a child is settled with you or a move could affect the support around the placement. The proposed agency will need enough information to decide whether it can meet the child’s needs and support you effectively. This does not necessarily mean that a transfer cannot happen, but it may mean that the timing and arrangements require careful agreement.

The prospective agency will usually need to review your fostering history, approval terms, training and development record, household circumstances, references, health information, safeguarding information and details of current or previous placements. It may also need to complete its own checks and assessment rather than relying on an informal recommendation from your present agency. Its decision should be based on whether it can safely undertake its responsibilities, not simply on the fact that you have considered moving.

If an agency says it will not accept the transfer, ask for a clear explanation. You can ask:

• Whether the decision is final or whether further information could change it.
• Which part of your circumstances led to the decision.
• Whether the concern relates to you, a current placement, missing records or the agency’s own capacity to provide suitable support.
• What documents or checks are still outstanding.
• Whether there is an internal review or complaints process.

Keep copies of written correspondence and avoid resigning from your current agency until you understand the practical consequences. In particular, check what would happen to any child placed with you, your approved terms, planned training, allowances and support arrangements. A resignation or transfer should not be treated as a way of avoiding an allegation or investigation; relevant information must continue to be dealt with through the proper safeguarding and regulatory processes.

If you believe your current agency is unreasonably obstructing the process, use its complaints procedure and explain the specific action you consider unfair. You may also seek independent advice about your position. Ofsted can receive information about concerns relating to a regulated fostering service, although it does not usually act as an appeal body to arrange an individual transfer or decide which agency must accept an application.

If the refusal comes from the prospective agency, it may simply mean that the agency has decided it is not the right provider to take responsibility in your particular circumstances. You can ask for enough information to understand the decision, but the agency may need to protect confidential information relating to other people and may not be able to disclose every detail.

Before choosing another provider, ask how it handles transfers, what information it will request, how it will involve the placing authority and how support will be maintained during the change. A careful, transparent process protects your interests as well as the child’s. Become a Foster Family can explain the general transfer process and help you understand the questions to raise before deciding whether to apply to a new agency.