Who makes decisions during a voluntary foster care placement?

Decision-making during a voluntary foster care placement is shared according to parental responsibility, the child’s welfare, the local authority’s legal duties and the authority delegated to the foster carers. The placement plan should identify who can make each type of decision, so that everyone understands the boundaries of their role.

Birth parents and parental responsibility

In most voluntary placements, a child’s birth parents continue to hold parental responsibility. Their views and consent therefore remain important, particularly for major decisions about the child’s upbringing, medical care, education, religious practice and contact with family members. The precise position depends on the child’s circumstances, any court orders and the terms agreed with the local authority.

A parent’s consent to accommodation does not usually give the local authority unlimited power to make every decision about the child. Where an important decision has not been delegated, the social worker should consult the parent and explain what is proposed. If a parent withdraws consent or objects to a proposed arrangement, the local authority must consider what action is legally required to safeguard the child.

The local authority

The local authority remains responsible for assessing the child’s needs and ensuring that the placement meets the agreed care plan. It arranges the placement, oversees safeguarding, reviews whether the arrangement remains suitable and decides whether changes are needed. A social worker normally manages these matters in practice, with decisions that require authorisation referred to a team manager or another appropriately authorised officer.

The local authority may decide matters such as:

• whether the placement continues to meet the child’s needs;
• whether the child’s care plan or placement arrangements need changing;
• what support, services or assessments should be arranged;
• how concerns about safety, behaviour, health or family contact should be addressed; and
• whether a move to another placement or a return to the family needs to be considered.

These decisions should be based on the child’s welfare, the available evidence and the views of the child and relevant adults. They should not be made solely for convenience.

The foster carers’ authority

Foster carers are responsible for the practical decisions involved in caring for the child each day. Their delegated authority may cover routines, meals, clothing, activities, ordinary outings, transport and arrangements with school or clubs. The exact scope should be set out in the placement plan or another written agreement.

Foster carers should not assume that they can consent to every treatment, change a school, approve a significant change in contact or make decisions about the child’s long-term future. They should check the agreement and speak to the child’s social worker when a decision is outside their delegated authority. In an urgent situation, they should take reasonable steps to protect the child and obtain professional advice as soon as possible.

The child’s role

The child should be given clear, age-appropriate information and a genuine opportunity to express their wishes and feelings. Their views do not automatically determine the outcome, but decision-makers must take them seriously and consider their age, understanding, maturity and individual circumstances. A child may also need an advocate or another trusted adult to help them communicate their views.

Children should be involved in decisions about their daily life, family contact, school, health and placement wherever this is appropriate. Information should be shared in a way they can understand, while respecting confidentiality and safeguarding requirements.

Health, education and contact decisions

Different professionals may have responsibility for different parts of the child’s life. For example, a school makes professional decisions about education, while health professionals make clinical decisions. However, the person with authority to give consent may still need to be consulted. The placement plan should explain who can attend appointments, speak to professionals, consent to routine treatment and receive information.

Family contact is usually arranged through the child’s care plan and agreed with the parents, social worker and foster carers. Foster carers may manage the practical arrangements, but they should not independently cancel, extend or change contact unless the relevant agreement permits this or immediate safeguarding concerns make action necessary. Any concern should be reported to the social worker promptly.

When adults disagree

Disagreement should first be addressed by checking the placement plan and asking the child’s social worker to clarify the authority for the decision. If the issue cannot be resolved, it may be referred to the social worker’s manager, the local authority’s review process or an independent advocate, depending on who is affected. Serious safeguarding concerns require immediate escalation through the local authority’s procedure.

A voluntary placement does not remove the need for clear accountability. Foster carers, parents and professionals should know what has been agreed, who is authorised to act and when a decision must be referred back to the local authority. Where the legal position is uncertain, the local authority should obtain appropriate legal advice rather than expecting foster carers or parents to resolve the issue themselves.