What can I do if I disagree with a foster care approval decision?

If you disagree with a foster care approval decision, you should first understand exactly what has been decided, why it was decided and which review route applies. The decision may be a refusal to approve you, approval on different terms from those requested, or a restriction on the age, number or needs of children you can foster.

Read the written decision carefully. It should explain the fostering service’s reasons and tell you whether you can make representations to the service, apply for an independent review, or use another procedure. Pay close attention to any deadline. The available route can depend on whether the decision was made by a local authority or an independent fostering provider, so follow the instructions in your decision letter rather than assuming that every case follows the same process.

• Ask for clarification: If the reasons are unclear, ask the fostering service to explain which evidence or assessment findings led to the decision.
• Check the facts: Identify factual errors, missing information or points taken out of context. Provide documents or other evidence that directly addresses those issues.
• Consider the decision itself: Separate concerns about the assessment from concerns about the decision-maker’s interpretation of the information.
• Record the deadline: Keep copies of the decision, correspondence and anything you submit, and make sure your representations or review request arrive within the stated period.

In many fostering approval cases, an applicant can make written representations to the fostering service when the agency decision-maker proposes not to approve them or proposes approval on terms that differ from the fostering panel’s recommendation. The service should explain how to submit representations and whether the matter will return to the fostering panel for consideration. The agency decision-maker then makes the final decision after considering the available information and any representations.

Another possible route is an independent review through the Independent Review Mechanism (IRM). This is designed to provide an external review of certain fostering approval decisions. Eligibility and procedure depend on the type of decision and the fostering service involved. A request normally has to be made within the period set out in the notification, so check the letter promptly and ask the service or the IRM for the current requirements. An independent review does not automatically mean that approval will be granted; it considers whether the decision-making process and evidence should be reviewed under the applicable rules.

If you are approved but disagree with the terms, explain precisely what you believe should change. For example, you may disagree with a restriction relating to the age range, number of children, or particular needs you are approved to meet. The fostering service may need to consider whether the assessment evidence supports different terms. Any change should be recorded formally rather than treated as an informal assurance.

You can also use the fostering service’s complaints procedure if you believe the process was poorly handled—for example, if relevant information was ignored, the correct procedure was not followed, or you were treated unfairly. A complaint is different from representations or an independent review. It may examine the conduct or administration of the process, but it may not replace the specific approval decision route. Use the route that matches your concern, and ask whether more than one procedure is appropriate.

Before submitting a response, organise it around the reasons given in the decision. For each point:

• Quote or summarise the finding you disagree with.
• Explain why you believe it is inaccurate, incomplete or unreasonable.
• Refer to the relevant assessment evidence, records or supporting documents.
• State the outcome you are asking the fostering service to consider.

Remain factual and address concerns openly. A disagreement is more useful when it responds to the evidence rather than simply stating that the decision is unfair. You should also consider whether new information genuinely changes the assessment or merely repeats information already considered.

You may ask whether you can have support when discussing the decision or preparing your response. Depending on the procedure, this could include a representative, advocate or solicitor. If you believe the decision involved discrimination, a serious procedural error, or a breach of your legal rights, obtain independent legal advice. Court action, such as a judicial review, is a specialist remedy and is generally concerned with the lawfulness of the decision-making process rather than asking a court to carry out the fostering assessment again.

A refusal does not necessarily mean that you can never foster, but you should not assume that a different provider will disregard the decision or assessment history. If you approach another fostering service, be open about the previous outcome and ask how it will be considered. In some situations, the most appropriate next step may be to address specific concerns, gather further evidence and make a fresh application later; that should be discussed carefully with the relevant service.

Our fostering team can help you understand the terminology used in an approval decision, identify the questions you need to ask and prepare for discussions about the next stage. We can also explain how the assessment, panel recommendation and agency decision fit together, so you can decide whether representations, an independent review or the complaints procedure is the most suitable route.