How can I check whether a fostering assessment follows current regulations?

A fostering assessment follows current regulations when the fostering service can show that it has assessed you under the law and guidance applying in England at the time, used a fair and evidence-based process, completed the required checks, and presented its recommendation through the proper decision-making arrangements. You do not have to identify every legal provision yourself, but you should be able to ask the service to explain the rules and policies underpinning each significant stage.

The main documents to check are:

• the Fostering Services Regulations 2011 , including any amendments that apply;
• the Fostering Services: National Minimum Standards ;
• the current statutory guidance for fostering services and local authorities; and
• the fostering service’s own assessment, approval, complaints and equalities policies.

The agency’s policy should identify which version of the regulations and guidance it uses. Ask when the policy was last reviewed and whether it reflects any changes made since it was written. An old policy is not automatically proof that your assessment is unlawful, but the service should be able to confirm that the assessment itself is being carried out under the current requirements.

Ask for a clear explanation of the assessment process. The service should explain what information it needs, who will gather it, how the information will be checked, and how it will be used to reach a recommendation. This normally includes detailed discussions with applicants, consideration of their history and relationships, health information, household circumstances, accommodation, finances, support network, parenting or caring experience, and ability to meet the needs of children who may be placed with them.

A lawful assessment is not simply a form-filling exercise. The assessor should explore relevant information with you, test any concerns fairly, give you an opportunity to provide context or corrections, and record the reasoning behind conclusions. The assessment should consider your individual circumstances rather than applying an unexplained checklist or treating a single factor as an automatic decision.

Check that the required checks and references are being completed. Depending on your circumstances, the process can involve:

• identity and residence checks;
• Disclosure and Barring Service checks for relevant adults;
• local authority or child protection checks;
• health information from your GP or another appropriate medical professional;
• references from people who know you well;
• checks and discussions concerning other members of your household; and
• information about previous applications, fostering, adoption, childcare or relevant work.

The exact enquiries will depend on the people in your household and your history. If a check raises a concern, ask what information is missing, whether you can respond to it, and how the concern will affect the assessment. A refusal to explain the relevance of an enquiry may be a reason to seek independent advice.

Confirm that preparation training is part of the process. Prospective foster carers should be given appropriate preparation for fostering, with the service considering what further learning or support is needed in light of the children they may care for. Training does not replace the assessment, and attendance alone does not guarantee approval. However, the service should be able to explain how your learning, understanding and development have been considered alongside the other evidence.

Check how the assessment report is prepared. The report should bring together the evidence gathered, identify strengths and areas requiring support, explain any concerns, and give reasons for the recommendation. Ask whether you will be given an opportunity to check factual accuracy and respond to matters that may influence the recommendation. Keep copies of documents you submit and make a note of important conversations, dates and requests.

The assessment should then follow the service’s formal approval procedure. This normally includes consideration by the fostering panel and a decision by the agency decision-maker, with the relevant information and recommendation provided to those responsible for deciding whether approval should be granted and on what terms. Panel members and decision-makers must consider the evidence rather than merely endorse an assessor’s view.

Compare practice with the agency’s written policy, but distinguish policy from law. A fostering service may set out additional steps, forms or quality checks in its own procedures. These can be more detailed than the minimum legal requirements. A difference between your experience and a policy is worth querying, but it does not necessarily mean that a regulation has been breached. Ask the service to identify whether the issue concerns a legal requirement, a National Minimum Standard, statutory guidance or an internal procedure.

It is also reasonable to check that the process is fair and inclusive. The service should make reasonable adjustments where disability or another relevant need affects participation, explain how information will be kept and shared, and avoid making decisions on the basis of irrelevant assumptions. If an assessor has a conflict of interest or appears to have reached a fixed conclusion without considering your evidence, raise this promptly with the fostering service.

If you remain concerned, make a written request for clarification and keep the response. Set out the specific stage, document or decision you are querying rather than stating only that the process feels incorrect. You can ask for the relevant policy wording, the reason for a particular enquiry, confirmation of outstanding checks, or an explanation of how your response will be recorded.

You can also use the service’s complaints or representations procedure. Ask for independent advice from a solicitor, advocate or fostering specialist if the concern involves a serious procedural failure, undisclosed information, discrimination, a conflict of interest or a decision that appears unsupported by the evidence. The regulatory position can depend on the precise facts, so independent advice is particularly useful before challenging a panel or agency decision.

Finally, remember that an assessment may lawfully reach a negative conclusion even when the procedure has been followed correctly. The key question is whether the service used the current legal framework, gathered relevant evidence, treated you fairly, explained its reasoning and followed the required approval process. Written records of your questions and the service’s answers will help you establish this.