What happens if adoption is not approved after a fostering to adopt placement?

If adoption is not approved after a fostering to adopt placement, the arrangement does not automatically become an adoption. The local authority must review the child’s care plan, the court’s directions and the child’s welfare before deciding the next legal and practical steps. Your approval as a foster carer and any separate adoption assessment will also be considered.

There are two different decisions that people may mean by “adoption not being approved”.

• You are not approved as an adopter: you may still be able to care for the child as a foster carer, subject to the local authority’s care plan, your fostering approval and the child’s needs. This is not automatic, and fostering and adoption are separate approval processes.
• The court does not make an adoption order: the child’s legal relationship with their birth family is not replaced by adoption. The court or local authority will need to consider another plan, such as reunification, care by relatives, long-term fostering, special guardianship or adoption by another approved family.

The decision is based on the child’s best interests rather than on the carers’ wishes alone. The court may consider evidence about the child’s relationships, development, identity, health, family connections and the likelihood that a proposed arrangement can meet their needs throughout childhood. A fostering to adopt placement does not give prospective adopters a guaranteed right to adopt or determine the final outcome.

The local authority should explain the revised plan. This usually involves discussions with the child’s social worker, your supervising social worker and other professionals involved in the case. You should be told what decision has been made, why it has been made, what legal steps remain and what changes are expected in day-to-day care. The arrangements may include further assessments, a review of contact with birth relatives and a carefully planned move if the child is to live elsewhere.

Where a move is required, planning should take account of the child’s age, attachment and understanding of the people around them. Transitions may involve introductions, visits, information sharing and support for the child before and after the move. The exact process depends on the court’s directions and the alternative placement being considered.

Your fostering role may continue, but it may also end. If the child’s plan is long-term fostering with you and you remain approved and able to meet the child’s needs, the local authority may explore that option. If the plan is reunification or placement with another family, your role may change or come to an end. You should not assume that continuing to foster the child will be possible until the agency and local authority have confirmed the plan.

Contact arrangements can also change. If the child returns to their birth family or moves to another placement, the local authority will decide whether contact with you is appropriate and how it should be managed. This may depend on the child’s wishes, their emotional needs, the views of the birth family and the recommendations of the professionals involved. Any contact arrangement should be agreed through the proper care-planning process rather than arranged informally.

Support should be available for both you and the child. This can include supervision from your fostering agency, help understanding the legal decision, preparation for a transition, therapeutic or emotional support and opportunities to discuss the impact of the outcome. Ask who your main contact is, what support is available, how information will be shared and what you should do if the child becomes distressed or their behaviour changes.

If you disagree with the decision or believe the process has not been followed properly, ask for the reasons in writing and raise your concerns with your supervising social worker or the child’s social worker. You can ask about the local authority’s complaints procedure and your fostering agency’s complaints or appeals process. An independent legal adviser may be appropriate where the issue concerns court proceedings, an adoption decision or your own fostering approval.

It is also important to keep the child’s position at the centre of conversations. Avoid presenting adoption as certain, and do not make promises about where the child will live. Use language suited to the child’s age and follow the guidance of their social worker and therapeutic professionals. The adults involved should provide consistent explanations and protect the child from feeling responsible for the decision.

After the outcome is known, ask for a clear written plan covering the child’s legal status, where they will live, contact arrangements, delegated day-to-day decisions, reviews and the support available to everyone involved. This gives you a practical reference while the next stage is being arranged and helps ensure that important information about the child is passed to any new carers or family members.