What legal status do foster carers have?

In England, a foster carer is an approved individual who provides day-to-day care for a child on behalf of a fostering service. This creates a formal legal and professional relationship with the fostering service, but it does not usually make the foster carer the child’s legal parent, holder of parental responsibility or employee.

Approval is the foundation of the role. Before a child is placed, a fostering service assesses the applicant and household against the relevant fostering legislation, regulations and National Minimum Standards. The service’s decision-maker approves the carer and records the terms of that approval. These may specify the age range, number of children, types of placement and any other conditions relevant to the household.

Approval is not permanent or unrestricted. Foster carers take part in regular reviews, supervision, training and assessment of their continuing suitability. A fostering service can review approval if circumstances change, if a carer requests a variation, or if concerns arise. The service may amend, suspend or end approval in accordance with the applicable procedures.

Foster carers do not normally have parental responsibility. Parental responsibility is the legal status that allows a person to make important decisions about a child’s upbringing. It may be held by the child’s birth parents, a local authority or another person appointed by a court. Becoming a foster carer does not, by itself, transfer parental responsibility to the carer.

Where a child is looked after by a local authority, the local authority may hold parental responsibility under a care order, sometimes alongside the child’s parents. If the child is accommodated without a care order, the legal position is different and the birth parents may retain parental responsibility. The exact arrangements depend on the child’s circumstances and any court orders in place.

Day-to-day authority is delegated to the foster carer. Although foster carers do not normally make every major legal decision, they need enough authority to care for a child safely and provide ordinary family life. The fostering service and the child’s social worker should explain what decisions the carer can make and what requires consent from the local authority, parents or another person with parental responsibility.

Delegated authority will commonly cover routine matters such as:

• meals, clothing, bedtime and everyday routines;
• supporting attendance at school and ordinary educational activities;
• taking the child to routine appointments and activities;
• allowing normal contact with friends and appropriate social activities; and
• giving permission for ordinary photographs or school-related activities where this is permitted by the child’s care plan.

More significant decisions may need prior agreement. Examples can include non-routine medical treatment, changing schools, taking the child abroad, changing the child’s name, significant changes to contact arrangements and decisions involving religion, culture or identity. The placement plan should set out these boundaries in practical terms. If an urgent decision is needed to protect the child from harm, the carer should act safely and contact the relevant social work or emergency service in line with the placement arrangements.

The placement agreement defines the practical relationship. When a child is placed, the fostering service should provide information about the child’s needs, routines, health, education, contact arrangements, risks and known history. The carer, social worker and fostering service use this information to agree how the placement will be managed. The agreement should also identify who to contact, how decisions will be recorded and what support is available.

Foster carers have important responsibilities, including:

• providing safe, suitable and consistent care;
• following the child’s care plan, placement plan and relevant professional guidance;
• protecting the child’s privacy and handling confidential information appropriately;
• supporting the child’s health, education, relationships, identity and development;
• keeping appropriate records and sharing significant information with the social worker;
• attending required training, meetings, reviews and supervision; and
• informing the fostering service about significant changes in the household or circumstances.

Confidentiality is particularly important. Foster carers may receive sensitive information about the child and their family, but this does not mean they can share it with friends, relatives, online contacts or other parents. Information should be shared only with people who have a legitimate role in supporting or safeguarding the child, following the fostering service’s guidance.

Foster carers also have formal rights within the fostering arrangement. They should receive information needed to care for the child, have access to training and supervision, and be able to contribute to care planning and reviews. Their views should be considered when decisions affect the child or the placement. They should also know how to raise a concern, use the fostering service’s complaints procedure and obtain independent advice or advocacy where appropriate.

Foster carers must be treated fairly, but their status does not give them the same legal rights as a child’s parent. For example, they cannot normally decide unilaterally that a child will remain in their care, change the child’s legal arrangements or prevent lawful contact. If a placement is ending, the fostering service and local authority should follow the relevant planning, review and safeguarding procedures, while considering the child’s welfare and the carer’s views.

Fostering is not usually an employment relationship. Foster carers are generally approved carers rather than employees of the fostering service. The payments they receive are normally fostering allowances or fees connected with caring for a child, rather than an ordinary salary. Tax treatment and any contractual arrangement can vary, so applicants should ask their fostering service for current details and obtain independent tax advice if needed.

Being a foster carer can therefore be described as a regulated caring role with contractual and legal responsibilities. The fostering service remains responsible for approval, oversight and support, while the local authority remains responsible for the child’s looked-after arrangements. The foster carer provides the child’s daily care within the authority delegated through the care plan and placement agreement.

Legal status can become more complicated where there is a court order, a kinship arrangement, a parent-and-child placement, an emergency placement or a plan for adoption. In those situations, the documents applying to the child take priority over general guidance. Foster carers should ask the child’s social worker or supervising social worker to explain exactly who holds parental responsibility, what authority has been delegated and what consent is needed for important decisions.

This is general information rather than legal advice about an individual placement. If a carer is concerned about a court order, an allegation, a proposed move, contact arrangements or a decision they are being asked to make, they should raise it promptly with their fostering service and consider obtaining independent legal advice.