What consent is needed for statutory checks for foster carers?

Consent for statutory checks is the applicant’s informed permission for an agency to obtain and consider information needed to assess their suitability to foster. It allows relevant organisations, such as the Disclosure and Barring Service, health professionals and local authorities, to respond to lawful requests made as part of the assessment.

Who may need to give consent?

The main applicant must complete the required consent forms. Where an application is made by a couple, each applicant gives consent separately because each person is assessed in their own right. Consent may also be needed from adults who live in the household, including a partner or other adult relatives, and from people whose circumstances or relationship with the household are relevant to the proposed fostering arrangements.

This does not mean that every person who visits the home will automatically be subject to the same checks. The agency considers factors such as whether someone lives there, has a close ongoing relationship with the household, or may have contact with a child placed there. The assessing social worker will explain who needs to complete checks and why.

What does the consent process involve?

• Being told which checks are required and the purpose of each one.
• Providing accurate personal details, including information needed to distinguish the applicant from other people with similar names.
• Completing and signing the relevant forms or providing consent through the system used by the checking organisation.
• Confirming that the information supplied may be verified and considered within the fostering assessment.
• Co-operating if further clarification or supporting information is needed.

The agency should explain the process before asking for consent. Applicants should read each form carefully and ask their assessing social worker about anything they do not understand. Consent should be given freely and on the basis of a clear explanation, rather than treated as an unexplained administrative formality.

Can consent be refused or withdrawn?

A person can choose not to provide consent, and may be able to withdraw it, subject to the requirements of the relevant checking process and the stage reached. However, statutory checks are a necessary part of deciding whether fostering is suitable and safe. If a required check cannot be completed, the agency may be unable to progress or complete the assessment. It must record the issue, consider its significance and explain what it means for the application.

Withdrawing consent is not the same as disclosing an adverse result. The concern is that the agency cannot obtain information it is required to consider. Applicants should therefore discuss any hesitation promptly rather than leaving a form incomplete or providing only partial details.

What if someone else will not consent?

If an adult household member or another relevant person refuses a required check, the agency will consider how this affects the proposed fostering arrangements. Depending on the circumstances, it may need to establish whether the person could have contact with a foster child, whether alternative arrangements are realistic and whether the household can still be assessed safely. In some cases, the application may not be able to proceed while the necessary information is unavailable.

How is consented information handled?

Information obtained through statutory checks is handled as sensitive personal information. It should be accessed only by people involved in assessing, approving or supervising fostering and used for the purposes explained during the process. The agency must follow applicable data protection requirements, keep information secure and take account of the rights of the person the information relates to.

Consent to checks does not give the applicant unrestricted access to another person’s confidential information. A disclosure may be shared in a limited way where necessary for the assessment, while protecting confidential sources and information about other people. The assessing social worker can explain how relevant information will be recorded and discussed.

What should applicants do before signing?

• Check that names, dates of birth and address history are complete and accurate.
• Ask which adults or other relevant people need to provide consent.
• Explain any difficulty obtaining another person’s co-operation as early as possible.
• Tell the agency if circumstances change after a form has been completed.
• Ask how information will be used, stored and shared if this is unclear.

Providing clear consent and complete information helps the agency carry out the assessment properly. It does not guarantee approval: the agency must consider the results of all relevant checks alongside interviews, references, health information, training and the wider assessment of the household’s suitability to foster.