Who has parental responsibility during a foster to adopt placement?

During a foster to adopt placement, foster carers or approved prospective adopters do not gain parental responsibility simply because a child is placed in their home. Legal responsibility remains with those who hold it under the child’s circumstances and any court orders in force, while the local authority sets out which decisions can be made by the carers in everyday life.

Foster to adopt does not itself change parental responsibility. It is a way of planning for a child who may need adoption while providing care before the court has made a final decision about the child’s future. Approval as a foster carer, approval as an adopter, or living with a child under a foster to adopt arrangement does not transfer parental responsibility.

Who may hold parental responsibility?

• The child’s birth mother normally has parental responsibility.
• The birth father may have parental responsibility, depending on the circumstances, such as whether he is married to the mother or is named on the birth certificate under the applicable rules.
• A local authority has parental responsibility when the court makes a care order, including an interim care order. It shares this responsibility with the parents and can exercise it to safeguard the child.
• An adoption agency or prospective adopter does not receive parental responsibility merely because an adoption plan has been made or the child has been placed under foster to adopt arrangements.

The precise position should always be checked against the child’s court orders and placement documents. A child may initially be accommodated by agreement with the parents, or may be subject to an interim or final care order. Those arrangements affect who can authorise decisions and how the local authority must work with the people who hold parental responsibility.

What foster carers can decide

Although foster carers do not usually hold parental responsibility, they are expected to make ordinary decisions that allow the child to have a stable daily life. The placement plan and the local authority’s delegation arrangements should explain what has been agreed. This may include matters such as:

• the child’s daily routine, meals, clothing and personal care;
• normal activities, hobbies, social occasions and use of local facilities;
• arrangements for school attendance and participation in routine school activities;
• routine health and dental appointments where the necessary consent has been addressed; and
• reasonable decisions about photographs, communication and family activities, subject to safeguarding and contact arrangements.

Delegated authority is not the same as parental responsibility. It is permission to make specified decisions on behalf of the people or organisation holding parental responsibility. The authority may be limited, recorded in writing, or subject to consultation before a decision is made.

Decisions that may need further authorisation

More significant decisions generally require the involvement of the social worker, the local authority and, where appropriate, the child’s parents or the court. Examples can include major medical treatment, a change of school, taking the child outside the United Kingdom, changing the child’s name, decisions about religious upbringing, and any action that could affect an adoption application or an existing court direction.

Foster carers should not assume that an urgent or important decision is covered by their general authority. If there is uncertainty, they should contact the child’s social worker or the fostering service and check the placement plan. In an emergency, medical professionals can act to protect the child, but the circumstances should be reported and recorded afterwards in line with the placement procedures.

The effect of adoption proceedings

A local authority may seek a placement order where the court considers that a child should be placed for adoption without the consent of a parent or guardian, or where the legal conditions for such an order are met. A placement order permits the child to be placed for adoption, but it does not mean that the foster carers automatically acquire parental responsibility.

Parental responsibility normally transfers to the adoptive parents when the court makes an adoption order. Until that point, the people and organisations with existing legal responsibility continue to have an important role, subject to any court orders and the adoption process. A foster to adopt carer therefore needs to understand that the placement may change, even where adoption is being actively considered.

How this affects everyday care

The practical arrangement should be explained at the start of the placement and reviewed if the child’s legal circumstances change. Carers should be given clear information about:

• who currently holds parental responsibility;
• whether the child is accommodated voluntarily or is subject to a care order;
• which decisions are delegated to the carers;
• which decisions require consultation or written consent;
• how medical, education and travel permissions will be managed; and
• what to do if a parent, social worker, court or health professional gives different instructions.

Keeping the written placement plan, delegated authority record and relevant correspondence together can help prevent misunderstandings. Carers should also record significant decisions, advice received and any consent given, particularly where the decision concerns health, education, contact or travel.

Parental responsibility does not give someone an unlimited right to make arrangements that conflict with a court order or place the child at risk. Likewise, a foster carer’s lack of parental responsibility does not mean they are excluded from important discussions. Their observations about the child’s health, behaviour, relationships and development are relevant to care planning and court decisions, even though the legal authority to make the final decision may sit elsewhere.

If the documents do not clearly explain who can make a particular decision, ask the child’s social worker or supervising social worker to clarify the position in writing. Legal advice may also be appropriate where there is disagreement about parental responsibility, consent, contact or an adoption-related court order.