How far back do foster carer criminal record checks look?

The relevant period depends on the type of information recorded, the disclosure rules that apply to it and its relevance to fostering. A foster carer assessment does not simply apply a rule such as “anything from the last five years”. Older information can still be considered where it appears on the checks or is relevant to safeguarding.

What an enhanced DBS check can show

Fostering applicants generally need an enhanced DBS check, usually including a check of the children’s barred list. An enhanced certificate can include convictions and cautions that are spent, provided they have not become protected under the filtering rules. It can also include relevant non-conviction information held by the police if the chief officer considers that it is relevant to the role and ought to be disclosed.

Police information is not subject to one simple, fixed time limit. For example, an allegation that did not result in a charge might still be considered for disclosure if the police believe it is relevant to working with children. That does not mean every historic allegation will appear. Relevance, reliability and the circumstances of the information are important.

How filtering periods work

Some old convictions and cautions are filtered from standard and enhanced DBS certificates. In broad terms, the usual filtering periods are:

• an adult conviction is normally considered for filtering after 11 years;
• a conviction received when the person was under 18 is normally considered for filtering after five and a half years;
• an adult caution is normally considered for filtering after six years; and
• a caution received when the person was under 18 is normally considered for filtering after two years.

These periods do not apply to every offence. Certain serious offences cannot be filtered, and the rules can also depend on the exact offence, the sentence and whether other convictions are recorded. Filtering is different from deleting a record: it means that particular information is not included on the DBS certificate under the disclosure rules.

It is also important to distinguish a DBS certificate from the wider fostering assessment. Information that has been filtered will not normally be available through the certificate, but an applicant may still be asked about relevant history during the application. You should answer the fostering service’s questions accurately rather than assuming that information is unimportant because it is spent or old.

Why the age of a record matters

When historic information is disclosed, the fostering service considers the circumstances rather than treating the date alone as decisive. This may include:

• how long ago the offence, caution or incident occurred;
• your age and level of maturity at the time;
• the nature and seriousness of the behaviour;
• whether there was a pattern of offending or a single isolated incident;
• the sentence, penalty or other outcome;
• any evidence of changed behaviour and stability since then; and
• whether the information raises a current safeguarding concern.

A recent serious offence will usually require particularly careful consideration. An old, isolated offence may be viewed differently, especially where there is clear evidence that circumstances have changed. However, some offences or circumstances can prevent approval under fostering regulations or create a barred-list issue. A long period without further concerns does not automatically remove those legal restrictions.

Checks on other people in the household

The assessment is not limited to the main applicant. Adult household members and other people who may have regular contact with children in the foster home may also need checks. Household members aged 16 or over are normally subject to the relevant safeguarding checks. Their historic information is considered in relation to the safety and wellbeing of any child placed in the household.

This means that a partner’s or household member’s record is not assessed by applying a different arbitrary cut-off. The fostering service considers the same broad issues: what happened, how long ago it was, the person’s current circumstances and any possible impact on children in the home.

What to do if you have an old record

Give full and accurate information in the application. If you are unsure whether a caution, conviction or incident will appear, do not guess and do not leave it out deliberately. Explain what happened, when it happened and what has changed since then. Court paperwork, sentencing information, evidence of completed requirements and professional references may help the assessing team understand the circumstances.

A fostering adviser can explain which checks apply to you and discuss how historic information will be considered. The presence of an old record is not, by itself, a complete answer to whether you can foster; the outcome depends on the legal restrictions and the safeguarding assessment of the particular circumstances.