Will a pending charge affect your foster carer application?

A pending charge is considered as part of the wider fostering assessment, even though it has not resulted in a conviction. It does not establish that an offence was committed, and the fostering service must not treat an allegation as proof of guilt. However, it may need to understand the circumstances, consider any safeguarding implications and decide whether it has enough information to recommend approval.

You should tell the fostering service about the charge as soon as possible. This includes explaining what you have been charged with, the relevant dates, the stage reached in the criminal process and any conditions attached to bail. Do not wait for the enhanced DBS check to reveal it. Failing to disclose relevant information can raise concerns about openness and judgement, even if the charge itself would not have prevented approval.

The assessment usually considers:

• the nature of the alleged offence and the circumstances surrounding it;
• the age and vulnerability of any person involved;
• whether children or young people could be exposed to a similar risk;
• the information available from the police, court documents and other checks;
• your account of events, including anything you dispute or believe is inaccurate;
• any bail conditions, restrictions or requirements that could affect fostering;
• your insight, openness and willingness to follow safeguarding expectations; and
• how the matter may affect the stability and safety of your household.

The service is assessing your suitability to care for children, rather than deciding whether you are guilty of the alleged offence. A pending charge may therefore be discussed alongside your enhanced DBS result, local authority checks, references, health information, household circumstances and the social assessment. Information from these sources is considered as a whole.

The charge may affect the timing of your application. The fostering service could continue gathering information while the criminal case is ongoing, or it may decide that a recommendation should wait until there is a clearer outcome. This is particularly likely where the allegation is directly relevant to safeguarding, where important facts remain unclear or where legal restrictions make it difficult to assess your circumstances properly.

If the case ends without a conviction, you should provide the outcome and any relevant paperwork. An acquittal, a charge being withdrawn or a case being discontinued does not automatically mean the fostering assessment ends, because the service may still need to understand the information available and any safeguarding context. Equally, the outcome must be considered fairly and should not be treated as a conviction.

If there is a conviction, caution or other disposal, the service will assess that outcome according to its relevance, rather than applying a single rule to every case. Some offences may create a legal or safeguarding barrier to approval, while others require a detailed, individual assessment. The alleged offence, the final outcome and the evidence available are all important.

It is sensible to prepare a clear written explanation and provide documents that accurately support it. You may also wish to obtain independent legal advice about the criminal proceedings, particularly if discussing the charge could affect your case. Be honest with the fostering service without speculating about matters that have not been established, and tell it promptly if the charge or court conditions change.

A pending charge should not be concealed or minimised, but neither should you assume that it automatically ends your opportunity to foster. The fostering team can explain what information it needs, how the matter will be recorded and whether the assessment can proceed while the case is unresolved.