Who is legally responsible for approving foster carers?

In England, legal responsibility for approving a foster carer rests with the fostering service provider that has carried out the assessment. For a local-authority fostering service, that responsibility belongs to the council. For an independent fostering agency, it belongs to the agency’s fostering service provider, acting through its appointed agency decision-maker.

The fostering panel is involved in the assessment process, but it does not itself grant approval. After considering the assessment evidence, the panel makes a recommendation about whether the applicant should be approved and, if so, the terms of approval. The agency decision-maker then considers the recommendation and the full assessment before making the formal decision on behalf of the fostering service.

The decision-maker should consider all relevant information, including:

• the applicant’s assessment report and personal circumstances;
• identity, criminal-record and other statutory checks;
• references and information from household members or other relevant people;
• medical information about the applicant’s ability to foster;
• the applicant’s preparation and training;
• the fostering household’s capacity to meet children’s needs; and
• any recommendations or concerns raised by the fostering panel.

Approval is not simply a general statement that someone is suitable. The fostering service must also set out the terms of approval. These can cover matters such as the number of children who may be placed, their age range, gender, relationship to one another and the type of care required. The terms should reflect the assessment and the kinds of placements the household can safely support.

Where the decision-maker does not agree with the panel’s recommendation, the decision and the reasons for reaching it must be recorded in accordance with the fostering regulations. The decision-maker may also ask for further information before reaching a conclusion. This provides a formal safeguard: approval should be based on evidence rather than on an informal view by an individual worker.

The legal responsibility remains with the fostering service even though different people contribute to the process. A supervising social worker may complete much of the practical assessment, and the panel may scrutinise the evidence, but neither role replaces the provider’s formal approval decision. Ofsted regulates and inspects fostering services; it does not approve individual foster carers on their behalf.

After approval, the fostering service continues to have responsibilities. It must review the carer’s approval and suitability, consider whether the terms remain appropriate, provide supervision and support, and respond to any significant change in circumstances. If the service proposes to change or end approval, formal procedures apply and the carer should be informed of the decision and the available representations or appeal process.

For a prospective carer, the practical question is therefore not which individual social worker approves you, but which fostering service is assessing you. Ask the service to explain:

• who the agency decision-maker is;
• how the fostering panel contributes to the assessment;
• what approval terms are likely to be considered;
• how disagreements or additional information are handled; and
• what review and support arrangements apply after approval.

These points should be clear before you apply, because the service responsible for your assessment will remain accountable for the approval decision and for the standards of care provided afterwards.