Who holds parental responsibility in family placement fostering?

Parental responsibility usually remains with the child’s parents or anyone else who already holds it; becoming an approved family placement foster carer does not, by itself, give you parental responsibility. Foster carers are instead given delegated authority to make appropriate day-to-day decisions for a child in their care. The extent of that authority depends on the child’s legal status, the care plan and the arrangements agreed with the local authority.

Parental responsibility is the legal duty and authority to make important decisions about a child’s care and upbringing. It can include decisions about education, medical treatment, religion, name, living arrangements and contact with family members. More than one person can hold parental responsibility at the same time, and the people who hold it may not all have the same ability to make a particular decision.

The legal position will usually depend on the type of placement:

• Voluntary accommodation: if the child is accommodated with the local authority by agreement, the parents generally retain parental responsibility. The local authority and foster carers must work within the agreed care plan and delegated authority arrangements.
• Care order or interim care order: the local authority shares parental responsibility with the parents. It can make decisions needed to safeguard and promote the child’s welfare, subject to the legal framework and any court directions. The parents normally continue to hold parental responsibility unless a later order changes that position.
• Other court orders: a special guardianship order, child arrangements order or adoption order can give another person different legal powers or transfer parental responsibility. These are separate legal arrangements and should not be confused with ordinary family placement fostering.

A family member or connected person who is approved as a foster carer therefore does not automatically become the child’s legal parent or guardian. Their role is to provide the approved care set out in the placement plan, follow the child’s agreed routines and promote the child’s welfare. They can normally make ordinary decisions involved in daily life, such as meals, clothing, activities, bedtime routines and ordinary outings, without seeking permission for every choice.

Some decisions require specific consent or consultation. The placement plan should explain who can agree to medical treatment, school trips, holidays, photographs, haircuts, changes to appearance, religious activities and other matters that may be significant for that particular child. The plan should also identify decisions that must be referred to the child’s social worker, the local authority or the person with parental responsibility.

Foster carers should not assume that being a close relative gives them additional legal authority. For example, they should not change a child’s school, move the child to another area, change the child’s name, arrange significant medical treatment or alter contact arrangements without checking the agreed process. Emergency decisions may be necessary to protect the child, but these should be reported and recorded in line with the placement’s procedures.

The child’s age, understanding and wishes are also relevant. Children should be involved in decisions that affect them in a way that is appropriate to their age and development. Their views do not always determine the outcome, particularly where there are safeguarding or legal considerations, but they should be listened to and recorded. A child who is approaching adulthood may be able to make some decisions independently, while other decisions remain subject to consent or professional involvement.

Parents who hold parental responsibility may still have a role in important decisions and contact, even when the child is living with a family placement foster carer. The local authority must follow the care plan, court orders and any restrictions on contact. A foster carer should not make private agreements that conflict with those arrangements. If a parent asks for a decision to be made, or objects to something affecting the child, the foster carer should refer the matter to the child’s social worker rather than attempting to resolve a legal disagreement alone.

It is important to distinguish parental responsibility from delegated authority :

• Parental responsibility is a legal status held by parents, the local authority under a care order, or another person granted it by law or a court.
• Delegated authority is permission for a foster carer to make specified decisions while caring for the child.
• Delegated authority can be limited, reviewed or withdrawn if the child’s circumstances change.
• A foster carer’s authority normally ends when the fostering placement ends, unless a different legal order or arrangement has been made.

These arrangements should be explained during the fostering assessment and recorded in the foster carer agreement, placement plan and relevant care documents. If the paperwork is unclear, the foster carer should ask the supervising social worker or the child’s social worker to confirm who can make the decision and whether consent is needed. Keeping a clear written record is particularly important for decisions involving health, education, travel, contact or safeguarding.

If the child’s needs, legal status or placement circumstances change, the delegated authority arrangements may need to be reviewed. This can happen after a court hearing, a change in contact arrangements, a new medical need, a move in education or a change in the level of risk. Our local team can help family placement foster carers understand the information in their placement documents, raise questions with the relevant professionals and keep their decisions within the authority they have been given.