Who regulates foster care agencies?

Regulation of foster care agencies is statutory oversight of how fostering services recruit, assess, approve and support foster carers, and how they safeguard children in placement. Each UK nation has its own regulator and legal framework. Regulation applies to independent fostering agencies as well as fostering services operated by local authorities, although the inspection arrangements and terminology differ between nations.

What regulators examine

A regulator looks for evidence that an agency is operating safely, lawfully and in line with the required standards. This includes examining whether the agency:

• assesses applicants thoroughly before recommending them for approval;
• makes appropriate decisions about the type and number of placements a carer can offer;
• provides relevant preparation training, ongoing learning and effective supervision;
• responds properly to safeguarding concerns, allegations and complaints;
• supports carers to meet children’s individual needs;
• keeps accurate records and shares information appropriately;
• has suitable management, staffing, policies and quality-assurance arrangements; and
• learns from incidents, complaints, inspection findings and feedback from children and carers.

Inspectors may review case files and records, speak to managers, staff, foster carers and children, and consider how the agency’s policies work in practice. The regulator is interested not only in whether documents exist, but also in whether they are followed consistently.

How the four UK regulators differ

In England, Ofsted inspects and regulates fostering services against the relevant legislation, regulations and national minimum standards. Its published inspection outcome can help a prospective carer understand how the service performed at the time of inspection, but it is not a substitute for asking detailed questions about the agency’s current practice.

In Wales, Care Inspectorate Wales carries out the equivalent regulatory role. In Scotland, the Care Inspectorate registers and inspects care services, including fostering services, using the Scottish legal and care standards framework. In Northern Ireland, the Regulation and Quality Improvement Authority registers and inspects fostering services and checks their compliance with the applicable requirements.

The names of inspection outcomes, the format of published reports and the timing of inspections are not identical across the UK. A report should therefore be read in the context of the nation in which the service is registered rather than compared mechanically with an agency elsewhere.

Registration is different from approval as a foster carer

The regulator registers and oversees the agency. The agency then assesses individual applicants and makes a recommendation about their approval to its fostering panel and decision-maker. Being registered with a regulator does not mean that every person who applies will be approved, and an agency’s inspection outcome is not an individual assessment of its foster carers.

Regulation also does not mean that the regulator chooses placements, manages the relationship between a carer and their supervising social worker, or guarantees that a particular agency will have a suitable placement. Those responsibilities sit within the agency and, where relevant, the placing local authority.

What enforcement can involve

If a regulator identifies concerns, it can require an agency to improve and can monitor whether the required changes are made. Depending on the seriousness and persistence of the problem, regulatory action may include additional scrutiny, restrictions on the service, enforcement notices, prosecution in appropriate circumstances, or action affecting the agency’s registration. The precise powers and process depend on the UK nation and the relevant legislation.

Regulation is not a guarantee that problems will never occur. Inspection is based on evidence available to the regulator at a particular point, and some issues may arise between inspections. Foster carers should still use the agency’s reporting and complaints procedures and raise safeguarding concerns without delay.

How to use regulation when choosing an agency

Before applying, look up the agency’s registration and most recent inspection information through the appropriate national regulator. Then ask the agency practical questions, such as:

• When was the most recent inspection, and what actions followed from it?
• How are foster carers supervised and supported between reviews?
• How are allegations, complaints and safeguarding concerns handled?
• What preparation and ongoing training are expected?
• How are children and foster carers involved in reviewing the service?
• What happens if a placement is not suitable or begins to break down?

A regulator’s report is useful independent information, but it should be considered alongside the agency’s answers, its policies and the experiences of existing foster carers. A clear agency should be able to explain its regulatory status and show how inspection findings have informed its practice.

What to do if you have a concern

For a routine concern about support, communication or a decision, follow the agency’s complaints procedure first and keep a record of the issue and the response. If the concern is not handled properly, or suggests that the agency may be failing to meet regulatory requirements, you can raise it with the relevant national regulator. The regulator may use the information to inform inspection or enforcement activity, although it will not normally act as a personal complaints advocate or decide private compensation claims.

If a child may be at immediate risk, follow the agency’s safeguarding procedure and contact the appropriate local authority children’s services or the police where necessary. A regulatory complaint should not delay action to protect a child.