Does private fostering require a written agreement?

There is no standard statutory contract that every private fostering arrangement must use. The legal framework is based on the arrangement meeting the definition of private fostering and the local authority carrying out its safeguarding duties, rather than on the parent and carer signing a prescribed agreement.

Nevertheless, a written agreement can be valuable evidence of what everyone understood before the placement began. It can help prevent disagreements about the practical operation of the arrangement and give the child, their parent and the private foster carer a clear reference point. The document does not need to follow a particular national template, provided it accurately reflects the proposed care arrangements.

A useful agreement should also make clear:

• the full names and contact details of the child, parent or person with parental responsibility and private foster carer;
• the date the arrangement starts and how it will be reviewed if circumstances change;
• which decisions the parent authorises the carer to make in day-to-day situations;
• how important decisions will be referred back to the parent or another person with parental responsibility;
• how information will be shared with the local authority and other professionals involved with the child;
• what each person should do if the placement becomes unsuitable or cannot continue; and
• how the child’s views will be considered in decisions affecting them.

Signing a document does not transfer parental responsibility to the private foster carer. The child’s parent, or anyone else holding parental responsibility, remains responsible for the major legal decisions unless a court has ordered otherwise. A private foster carer generally provides the child’s day-to-day care and should seek appropriate consent before making decisions outside the authority given to them.

A written agreement also does not turn the arrangement into an approved foster placement. Private fostering is different from fostering through a fostering service: the carer is not approved under the standard fostering assessment process simply because they have signed an agreement. The local authority’s role is to assess and monitor the private fostering arrangement and take action where the child’s welfare requires it.

If a social worker asks the adults to put particular points in writing, this should be treated seriously. The local authority may need clear evidence that the proposed arrangements are suitable and that the child’s needs can be met. Any concerns about safety, supervision, the carer’s ability to care for the child or disagreements between adults should be raised with the local authority rather than concealed by relying on a signed document.

Keep a copy of any agreement and record later changes in writing. If the arrangement involves disagreement about parental responsibility, a court order, immigration conditions or a proposed move, specialist legal advice may be appropriate. A local authority children’s services team can also explain what information it needs for the particular private fostering arrangement.