Can I foster if someone in my household has a criminal record?

A criminal record within the household is considered as part of the fostering assessment, with the focus on whether the home can provide a safe and stable environment for a child. The outcome depends on the full circumstances rather than the existence of a record alone.

Who may need checks? Checks are normally completed on fostering applicants and household members aged 16 or over. This can include a partner, adult children, other relatives, lodgers or anyone else living at the address. The fostering service may also need to consider people who spend significant or regular time in the home, particularly if they could have unsupervised contact with a foster child.

Children in the household will not usually have a criminal record check in the same way as adults, but their age, behaviour and relationship with the applicant may still form part of the wider assessment. The assessing social worker will consider the effect of household circumstances on any child placed in the home.

What checks are involved? The fostering service will request the relevant Disclosure and Barring Service checks and may seek other safeguarding information where appropriate. Applicants and household members should provide accurate details about convictions, cautions and other relevant matters. Fostering is subject to specific safeguarding rules, so information that might not need to be disclosed for an ordinary job may still be relevant to a fostering application.

It is important to be open from the beginning. Trying to conceal a record can create greater concerns about honesty, judgement and safeguarding than the original offence. If information appears on a DBS certificate that is incorrect, the person concerned can raise a dispute through the DBS process and should tell the fostering service that this is being investigated.

What will the assessment consider? In addition to the details of the offence, the assessment may look at:

• whether there was one incident or a pattern of offending;
• the circumstances surrounding the offence and the harm caused;
• the person’s behaviour and lifestyle since the offence;
• whether they accept responsibility and understand the potential safeguarding implications;
• any evidence of rehabilitation, such as completed rehabilitation work or sustained positive changes;
• the person’s relationship with children and their likely contact with a foster child;
• how the household would manage boundaries, supervision and confidentiality; and
• whether any current risks can be reduced through clear safety arrangements.

The assessing social worker may discuss the record with the relevant household member and with the applicant. They may also consider how the information affects other children or vulnerable people in the home. This is not intended to judge someone solely by their past; it is part of understanding present-day risk and deciding what safeguards are necessary.

Some offences can prevent approval. Fostering regulations set out circumstances in which a person may be disqualified from fostering because of particular offences or safeguarding concerns. The rules can apply to people living in the fostering household, not only to the main applicant. A fostering service will explain if a legal disqualification may apply and whether any formal process is available to challenge or waive it. A household member’s record should therefore be discussed with the fostering service before an application progresses too far.

A record does not always lead to refusal, but approval may not be possible if the offence indicates an unacceptable risk to children or if effective safeguards cannot be put in place. The final decision is made after the relevant checks and assessment have been considered by the fostering service and its approval panel or decision-maker, in line with the applicable regulations and procedures.

How to prepare for an application

• Tell the fostering service about the record at the earliest opportunity, even if you are unsure whether it is still recorded.
• Ask the household member to obtain and check their own DBS information where appropriate.
• Prepare factual information about what happened, the sentence or disposal, and any rehabilitation or treatment completed.
• Be ready to explain who would have contact with a foster child and how supervision and household boundaries would work.
• Allow the assessing social worker to speak with relevant household members and explore their views about fostering.

If you are unsure whether a past conviction, caution or allegation needs to be disclosed, raise it rather than guessing. A fostering service can explain which information is relevant and how it will be considered. Become a Foster Family can provide guidance through the assessment process, including the checks and discussions needed where someone in your household has a criminal record.