Can I be a foster carer with a criminal record?

A criminal record is considered as part of the enhanced safeguarding checks for fostering. It does not, by itself, decide whether someone can foster. The assessment must establish whether the applicant can provide safe, reliable care and whether any past offending creates a current risk to children or young people.

Some convictions are treated particularly seriously under fostering regulations. Offences involving children, sexual offences, serious violence, abuse, neglect or serious harm may prevent a person from being approved. The fostering agency will explain whether a specific offence falls into a category that legally restricts approval. A restriction may apply even where the conviction is spent.

Other offences may not prevent fostering, but they will need to be explored fully. The assessment may consider:

• the exact offence, including what happened and who was affected;
• the sentence, caution or other disposal imposed;
• how much time has passed since the offence;
• whether there has been any further offending;
• the applicant’s age and circumstances at the time;
• evidence of changed behaviour, such as completed rehabilitation work;
• the relevance of the offence to caring for children; and
• the applicant’s openness and willingness to discuss the matter.

Fostering checks are more extensive than an ordinary employment check. An enhanced Disclosure and Barring Service check is normally required, and the agency may ask about convictions, cautions, reprimands or warnings that do not appear on the certificate. Disclosure rules differ from ordinary recruitment rules, so an applicant should not assume that a spent conviction can be left out. The agency will explain what must be declared and how the relevant DBS rules apply.

It is important to be honest from the beginning. Trying to hide a conviction can create a safeguarding concern and may affect the agency’s confidence in the information provided. If you are unsure whether something must be declared, give the details to the fostering agency rather than omitting them. They can clarify what information is needed and record it accurately.

The criminal record check is only one part of a wider assessment. The agency may also take up references, complete statutory checks, carry out home visits and discuss the applicant’s relationships, health, employment, support network and ability to work with professionals. Where a conviction raises a concern, the assessing social worker should examine the circumstances and consider how any identified risk would be managed in practice.

A conviction involving another adult may be assessed differently from an offence involving a child, but it is not automatically irrelevant. For example, offences involving violence, drugs, coercive behaviour or dishonesty may lead to questions about safety, judgement, household stability or the effect on fostering responsibilities. The relevance depends on the individual facts rather than the label alone.

If the record relates to a child or another person living in the home, the agency will need to consider the wider household. Everyone who is required to undergo checks should provide complete information, because fostering approval applies to the household environment as well as the main applicant.

Before applying, it can help to prepare a clear account of each matter, including the date, court outcome, sentence and any evidence of rehabilitation. Relevant documents might include completion records for courses, treatment or supervision, although the agency will decide what evidence is appropriate. You should also be ready to explain what has changed and how you would respond to safeguarding concerns as a foster carer.

If the agency decides that approval cannot proceed, it should explain the reason and the process that applies to that decision. You can ask for clarification about the information considered and discuss any rights or review arrangements available to you. A criminal record should be raised with the fostering agency at an early stage so that you receive an accurate answer based on the actual offence and your circumstances.