Who holds parental responsibility for an infant in foster care?

The practical distinction is between parental responsibility and delegated authority . Parental responsibility covers the important legal rights and duties involved in raising a child, while delegated authority allows a foster carer to make specified everyday decisions during the placement. The exact balance depends on the legal basis for the infant’s placement and the arrangements recorded by the local authority.

What parental responsibility includes

Parental responsibility can include decisions about an infant’s care, medical treatment, education, name, religion, travel and where they live. It does not mean that every person with parental responsibility must agree to every routine choice. In practice, the significance of a person’s responsibility depends on the decision being considered and any court order or care plan in force.

The child’s birth mother normally has parental responsibility automatically. A birth father may also have it, depending on matters such as registration of the birth, marriage or civil partnership, a parental responsibility agreement, or a court order. Other people may acquire parental responsibility through a court order, such as a child arrangements order or special guardianship order. The child’s social worker should confirm who holds it in the individual case.

Where an infant is accommodated by agreement

If the local authority is caring for an infant with the agreement of the people who hold parental responsibility, often under section 20 of the Children Act 1989, those people normally continue to hold parental responsibility. The local authority arranges the child’s care and placement, but the legal position is different from that created by a care order.

The placement plan should explain how decisions will be made. It may give the foster carer authority for ordinary matters such as the infant’s daily routine, clothing, meals, comfort, play and attendance at routine appointments. Decisions outside that authority may need to be referred to the social worker or the person who holds parental responsibility.

Where the court has made a care order

A care order gives the local authority parental responsibility alongside the child’s parents and anyone else who already holds it. The local authority can exercise that responsibility to the extent that this is necessary to safeguard or promote the infant’s welfare. A care order does not automatically transfer parental responsibility to the foster carer.

The local authority will usually set out its expectations in the care plan, placement plan and delegated-authority arrangements. These documents should make clear who can consent to particular medical treatment, approve outings or travel, make decisions about photographs and social media, and respond to other issues that could arise during the placement.

What foster carers can usually decide

Foster carers are generally expected to manage the infant’s ordinary day-to-day needs without seeking permission for every small decision. This can include:

• establishing suitable routines for feeding, sleeping, bathing and play;
• choosing suitable everyday clothing, nappies and equipment;
• taking the infant to ordinary activities and appointments where this is permitted;
• providing ordinary first aid and following agreed healthcare instructions; and
• agreeing practical arrangements with nursery staff, health professionals and other people involved in the placement, within the authority given to them.

This authority is not unlimited. Significant medical procedures, changes to the infant’s name or religion, overseas travel, permanent changes to appearance and decisions connected with legal proceedings may require specific consent or further advice. The relevant threshold can vary according to the infant’s legal status and the local authority’s policy.

Medical decisions for an infant

Healthcare professionals should know the infant’s legal status and who can give consent. Foster carers should take the placement plan with them where appropriate and tell the social worker if a decision is urgent, significant or outside the authority they have been given. In an emergency, medical professionals can provide treatment where necessary to protect the infant’s life or prevent serious deterioration, even if it is not possible to obtain consent in advance.

Routine health matters, including health visitor appointments and ordinary treatment, should be covered by the delegated-authority arrangements. If a foster carer is unsure whether they can consent, they should not rely on assumption. The child’s social worker, supervising social worker or relevant healthcare professional can clarify the position and record the decision.

Birth family involvement and disagreements

People with parental responsibility may remain involved in important decisions, even when an infant is living with foster carers. The local authority must follow the legal framework, court directions, the care plan and any agreed contact arrangements. Foster carers should not make private agreements about major decisions or alter contact arrangements without speaking to the social worker.

If the people involved disagree, the issue may need to be considered by the local authority, the child’s independent reviewing officer or the court. Foster carers should record relevant information, follow the agreed plan and raise concerns promptly through the professional team. They are not expected to resolve disputes between adults themselves.

How the position is confirmed

At the start of a placement, foster carers should be given clear written information covering:

• the legal basis for the infant’s placement;
• who holds parental responsibility;
• which decisions have been delegated to the foster carer;
• which decisions require the local authority or birth family to consent;
• arrangements for healthcare, travel, photographs and activities; and
• who to contact when an urgent or uncertain decision arises.

These arrangements should be reviewed if the infant’s circumstances change, a new court order is made, the care plan is amended or a decision arises that was not anticipated. As legal responsibility can be case-specific, the placement paperwork and advice from the child’s social worker should take priority over general information.

Foster carers do not need to hold parental responsibility to provide safe, consistent care. Their role is to use the authority delegated to them, keep the infant’s welfare at the centre of everyday decisions and involve the appropriate professionals when a decision is significant or unclear.