What legal rights does a connected person foster carer have?

In England, a connected person foster carer’s legal rights are exercised mainly through their approval terms, the placement agreement and the child’s care planning process. These documents set out what the carer may do, what information they should receive, how decisions are made and how concerns can be challenged. The exact position can differ depending on whether the arrangement is temporary or fully approved, and whether the child is accommodated voluntarily or subject to a care order.

Right to clear written information

You should receive written information about the fostering arrangement, including the terms of your approval, the expectations of the fostering service and the arrangements for the child’s day-to-day care. The placement agreement should explain practical matters such as routines, education, health appointments, contact, transport, delegated decision-making and who to contact when a problem arises.

You should also be given information that is relevant to caring safely for the child. This may include their health needs, emotional wellbeing, education, behaviour, important relationships, previous experiences and known risks. Information must still be shared lawfully and sensitively, with confidential details limited to what is necessary for the child’s care and protection.

Right to be involved in care planning and reviews

Although the local authority remains responsible for the child’s looked-after arrangements, you should have a meaningful opportunity to contribute to decisions about the placement. This includes giving your views about the child’s needs, progress, routines, relationships and any difficulties affecting the placement.

You should be invited to contribute to statutory reviews and receive information about relevant decisions. Your views should be considered, particularly where a proposed change could affect the child’s stability, contact arrangements, education, health care or living arrangements. You can ask for your concerns to be recorded if you believe a decision does not properly reflect the child’s needs.

Right to understand the limits of your authority

Your approval does not give you unrestricted authority to make every decision for the child. The placement plan should distinguish between decisions you can make as part of ordinary family life and decisions that require agreement from the local authority, a parent with parental responsibility or the court.

For example, routine decisions may be covered by delegated authority, while major medical treatment, significant changes to education, removal from the local area or decisions about contact may require further permission. If the paperwork is unclear, ask the supervising social worker to confirm the position in writing before acting.

Right to have your approval reviewed

A connected person’s approval is not necessarily permanent or unrestricted. The fostering service must consider whether the approval remains suitable for the child and whether any changes are needed. This may be relevant if the child’s needs change, circumstances in your household alter or the placement becomes more complex.

You should be told about proposed changes to your approval and given the opportunity to provide information and make your views known. If a fostering service is considering a decision that could reduce, change or end your approval, the applicable fostering procedures should explain how you can make representations or challenge the decision. Ask for the decision, reasons and review route in writing.

Right to fair procedures if concerns or allegations arise

If a concern is raised about your care, you are entitled to know the nature of the concern and to have it handled under the relevant safeguarding and allegations procedure. This does not mean that every detail can be disclosed immediately, because information about the child, family members or witnesses may be confidential. It does mean that the process should be proportionate, properly recorded and overseen by the appropriate professionals.

You should be told who is managing the matter, what practical arrangements apply while enquiries take place and how you can obtain independent advice. Do not investigate an allegation yourself or ask the child or other people involved to provide accounts outside the agreed process.

Right to complain and seek advocacy

You can use the fostering service’s complaints procedure if you believe that you have been treated unfairly, have not received appropriate information or support, or disagree with the way a decision has been made. A complaint should not be allowed to disadvantage the child or be treated as a reason to avoid considering your concerns.

You can also ask for an advocate or independent support when taking part in meetings, reviews or complaints processes. An advocate may help you understand the paperwork, express your views and identify the correct route for challenging a decision. Independent legal advice may be appropriate where the matter concerns a court order, parental responsibility, removal of the child or a serious allegation.

Right to privacy and lawful information handling

Information about you, your household and the child should be handled in accordance with data protection and safeguarding requirements. You should know how records about the placement are being used, who is responsible for storing them and when information must be shared to protect the child or other people.

This right to privacy does not permit you to share the child’s personal information publicly. Social media posts, photographs, messages and conversations about the child can create safeguarding risks, particularly where birth family members, school details or the child’s location could be identified.

What connected person foster carers do not automatically have

• They do not automatically acquire parental responsibility simply because the child is related to them or because they are approved as foster carers.
• They do not have an automatic right to make major decisions outside the authority given in the placement plan or by the person with parental responsibility.
• They do not have an automatic right to prevent or arrange contact with the child’s parents outside the agreed plan, unless a responsible authority or court has made a relevant decision.
• They are not normally employees of the fostering service. Foster carer payments are connected with the fostering arrangement and should not be assumed to be wages or an employment salary.
• They do not have an automatic right to turn a fostering arrangement into a permanent legal order. If permanence is being considered, options such as a child arrangements order or special guardianship order require separate assessment and legal advice.

The most useful practical step is to keep copies of your approval notice, placement agreement, care plan, review records and key messages from professionals. If a right or responsibility is unclear, ask the supervising social worker or the child’s social worker to explain which document or legal decision applies. Where the issue affects parental responsibility, contact, a proposed move or an allegation, obtain independent legal advice rather than relying on an informal understanding.