How are overseas convictions assessed during foster carer checks?

An overseas conviction is not automatically a reason to refuse a fostering application. It is considered as part of the wider safeguarding assessment, with attention to whether reliable information can be obtained and what the offence may indicate about a person’s suitability to care for children.

The process can be more complicated than a UK check because criminal record systems differ between countries. Some countries provide formal police certificates, while others may have limited records, different terminology or no direct application process for people seeking information for a UK fostering assessment. A check may also be affected by the length of time an applicant lived there, their nationality or residency status and whether the relevant authorities can verify historic information.

Applicants should give full details of any overseas conviction, caution, charge or other relevant matter, even if they believe it is spent, was dealt with under a different legal system or will not appear on a UK record. Details may include:

• the country and court involved;
• the date and nature of the offence;
• the outcome, sentence or other disposal;
• any restrictions, supervision or rehabilitation requirements; and
• documents explaining the result, where these are available.

Providing incomplete or misleading information can raise separate concerns about honesty and openness. If an applicant is unsure whether something needs to be disclosed, it is safer to discuss it with the fostering agency rather than leave it out.

The agency will normally ask the applicant to obtain an official criminal record certificate or equivalent document from the relevant country where this is possible. Documents that are not in English may need a reliable translation. The agency may also seek information through appropriate official channels and use guidance about overseas checks when deciding what evidence is reasonable to request.

There may be circumstances in which an overseas certificate cannot be obtained. For example, the country may not issue certificates for this purpose, records may no longer be available, or the applicant may be unable to access the required authority. This does not mean the conviction is ignored. The agency should record what attempts have been made and consider other evidence, such as court paperwork, immigration or residency records, professional references and a detailed account from the applicant.

When assessing the information, the fostering agency will look at the legal meaning of the offence in the country where it occurred, rather than relying only on its translation into UK terminology. It may consider whether the conduct involved violence, abuse, dishonesty, exploitation, substance misuse or harm to a child, as well as the circumstances surrounding it. The assessment should distinguish between an isolated historic matter and a pattern of behaviour, while considering any evidence of changed circumstances and responsible conduct since the event.

Some offences are particularly serious in fostering assessments and may prevent approval or require exceptional consideration under the fostering regulations. The outcome depends on the offence and the circumstances set out in the applicable rules; an overseas conviction is not made acceptable simply because it would be treated differently in another country.

The information is considered alongside the applicant’s UK enhanced DBS check, health assessment, references, household circumstances and wider assessment. Other people aged 18 or over who live in, or regularly visit, the fostering household may also need appropriate checks, depending on their role and contact with children.

An applicant should be prepared to explain the conviction in their own words, including what happened, what they understood about it at the time, what consequences followed and what has changed since then. Evidence of completed rehabilitation, compliance with a sentence or positive conduct over time may help the agency understand the current level of risk, but it does not remove the need for a careful assessment.

The final decision is based on whether the agency can be satisfied that the proposed fostering arrangement is safe and suitable for children. Where concerns remain, the agency may request further evidence, set out additional safeguards or decide that approval should not proceed. Applicants with overseas convictions should raise them at the earliest stage so that the relevant checks and explanations can be built into the assessment.