Foster parents play a crucial role in the lives of children who, for various reasons, cannot live with their birth families. The legal framework governing foster care in England & Wales is complex, balancing the rights of foster carers with those of birth parents, local authorities, and, most importantly, the children themselves. As fostering involves the care of children who remain under the legal custody of the state or their biological parents, questions often arise about what rights foster parents truly have.
In this article, we explore the legal rights of foster carers, their responsibilities, and the intricacies of family law as it applies to fostering.
Legal Status of Foster Parents
In England & Wales, foster parents do not have automatic legal parental responsibility for the children they care for. Instead, legal responsibility remains with the local authority or, in some cases, the child’s birth parents. This means that while foster carers provide day-to-day care, they do not have full authority to make all decisions concerning the child’s life.
The legal framework governing foster care is primarily set out in the Children Act 1989. Under this Act, local authorities have a statutory duty to safeguard and promote the welfare of children in their care. This duty includes ensuring appropriate foster placements and supporting foster carers in fulfilling their responsibilities.
Because foster carers do not hold parental responsibility, key decisions about the child’s welfare—such as medical treatment, education, or overseas travel—are typically made by the local authority in consultation with the birth parents, where applicable. However, foster carers do have certain rights and responsibilities concerning the children they care for.
Rights of Foster Parents
Right to Support and Training
One of the fundamental rights of foster carers is to receive proper support and training from the local authority or fostering agency. The Fostering Services Regulations 2011 require fostering agencies to provide foster carers with training opportunities to help them meet the needs of the children placed with them. This may include courses on child development, therapeutic parenting, and specialised training for caring for children with additional needs.
Foster carers also have a right to receive financial allowances to cover the cost of caring for a child. The amount varies depending on factors such as the child’s age, the level of care required, and whether the carer is working with a local authority or an independent fostering agency.
Right to Participate in Decision-Making
Although foster carers do not have full parental responsibility, they are often involved in decision-making about the child’s welfare. The local authority, when making decisions, is expected to consider the views of the foster parents, particularly regarding aspects of day-to-day care.
In many cases, foster carers are given delegated authority, which allows them to make certain decisions without needing direct approval from the local authority. The extent of this authority depends on the specific foster care arrangement and should be clearly set out in the child’s placement plan. Examples of delegated authority include decisions about school trips, medical check-ups, and participation in extracurricular activities.
Right to Advocacy and Fair Treatment
Foster carers also have the right to be treated fairly and with respect. The Fostering National Minimum Standards require fostering services to value and support foster carers. If carers feel they are being unfairly treated or their concerns are not being addressed appropriately, they have the right to make a formal complaint through the relevant fostering service complaint procedures.
Independent fostering organisations such as The Fostering Network also provide advocacy services and legal advice for foster carers who need guidance on disputes, allegations, or placement-related concerns.
Right to Request a Statutory Review
If a foster carer disagrees with a decision made by the local authority regarding a child’s placement or any significant aspect of foster care arrangements, they may ask for a statutory review. This allows an independent review panel to consider the decision and assess whether it was made fairly and in accordance with regulations.
Foster carers also have the right to request reassessment if they feel that their fostering approval status is unfairly limited or changed. If a fostering agency decides to change a carer’s approval status or deregister them, they have the right to present their case to the Independent Review Mechanism (IRM), an independent panel that reviews fostering decisions.
Responsibilities of Foster Parents
While foster carers have rights, they also have significant legal and ethical responsibilities. The primary responsibility of foster carers is to provide a safe, nurturing environment that meets the needs of the child in their care. This responsibility encompasses several key areas.
Providing a Safe and Stable Home
Foster carers are expected to provide a stable and secure living environment for the children they foster. This includes providing appropriate emotional support, a structured routine, and ensuring that the child receives proper healthcare and education.
Carers must also be mindful of safeguarding requirements. Foster children may have experienced trauma or neglect, and carers must take appropriate measures to protect them from further harm. This includes upholding confidentiality, maintaining appropriate boundaries, and reporting any concerns to the local authority.
Working in Partnership with Birth Families and Professionals
Foster carers are required to work closely with local authorities, social workers, and sometimes the child’s birth parents to ensure the best possible outcomes. Many children in foster care have contact with their birth families, and foster carers play a role in facilitating and supporting these relationships in a way that is safe and in the child’s best interests.
In some circumstances, foster carers may be asked to contribute to meetings regarding care planning for the child, giving their insights about the child’s progress and needs. They are expected to cooperate with professionals, follow agreed care plans, and keep detailed records regarding the child’s development and day-to-day experiences.
Upholding Confidentiality and Professionalism
Foster carers must maintain confidentiality regarding the children placed in their care. This means they are not permitted to share sensitive details about the child’s history, circumstances, or placement outside of necessary professional discussions.
Social media use is another area where confidentiality applies. Foster carers should exercise caution when posting online and ensure they do not identify or share information about the child on public platforms.
Can Foster Carers Gain Parental Responsibility?
Although foster carers do not automatically have parental responsibility, in some cases, they may apply for legal orders that grant them increased authority over a child’s welfare.
Special Guardianship Orders
One route for foster carers seeking a more permanent role in a child’s life is applying for a Special Guardianship Order (SGO). An SGO provides foster carers with parental responsibility for a child until the child reaches adulthood. Unlike adoption, an SGO does not permanently sever ties with the birth family, but it does give the carer a greater degree of autonomy in making decisions for the child.
Adoption
In some cases, foster carers may wish to adopt a child they have been caring for long-term. Adoption permanently transfers all parental rights and responsibilities to the adoptive parents. However, adoption is a complex legal process that requires thorough assessment and consideration by the local authority before approval is granted.
Challenges Foster Carers Face
Despite the essential role they play, foster carers face several challenges in navigating the legal system and advocating for the children in their care.
Lack of Full Decision-Making Authority
One frequent frustration for foster carers is the lack of full decision-making power. Many key decisions still require local authority approval, which can cause delays and impact the child’s well-being. While delegated authority is intended to ease this issue, its implementation varies between local authorities.
Allegations and Investigations
Foster carers are also vulnerable to allegations, which, while sometimes unfounded, must be taken seriously and investigated thoroughly. Allegations can cause emotional distress and, in some cases, lead to the foster placement being reviewed or even ended. Foster carers have the right to independent support during these processes, but the experience can still be highly stressful.
Conclusion
Foster carers in England & Wales play a vital role in providing stability and care to vulnerable children. While they do not have full parental responsibility, they are afforded certain rights that enable them to provide the best possible care. At the same time, they must navigate complex legal frameworks and fulfil significant responsibilities.
Understanding these rights and responsibilities is essential for anyone involved in fostering. By working collaboratively with local authorities and advocating for the needs of foster children, foster carers can make a lasting difference in young lives, regardless of legal constraints.