Home > Parent's Rights > What Are The Rights of Foster Parents?

What Are The Rights of Foster Parents?

By: Jack Claridge - Updated: 9 Nov 2016 | comments*Discuss
 
Foster Care Foster Foster Parents

Fostering is when a child who is unable to stay with his or her own parents is placed in the care, short-term or long-term, with another family. Although they are responsible for the day-to-day care of a child, a foster parent does not have the same rights as the biological parents of a child.

As a foster parent is only a temporary guardian, they do not have any rights as to the child’s wellbeing unless they adopt the child. In the eyes of the law, the responsibility for the wellbeing of a child in care falls squarely at the feet of the Local Authority. Before the child is placed under the care of a foster parents, the Local Authority will explain what rights and authority they have when it comes to the child's care.

Day-to-Day Care

A foster parent is responsible for the day-to-day care of a child in their care but only within the confines of their own home. They cannot take the children away from their local area without prior permission, and cannot instigate any kind of activity which might be perceived by the Local Authority as not in their best interests.

Can The Local Authority Make Decisions About A Child’s Education?

Yes, they can but only if there are sufficient grounds to do so, or if there is a danger that the child may come to some harm staying at their current school. A Local Authority may be able to re-school the child if they can establish beyond any reasonable doubt that they will be at the same or greater level of risk as before.

It should be made clear at this point, however, that the foster parents have no control or overall say as to whether this is the case or not, and must abide by the wishes of the Local Authority. However, they can comment if they feel the child would benefit from such a move but the Local Authority does have the final say.

What Happens If The Child is Involved In an Accident?

If the child is involved in an accident, the foster parent would be contacted as the child’s Temporary Guardian. However, they cannot make decisions as to the nature of any medical treatment that may be required by the child, and again this falls to the Local Authority to make a decision in the absence of a parent.

If there has been previous provision made for medical treatment in the event of a particular set of circumstances, the Local Authority must apply to the courts for an injunction to stop this medical treatment going ahead if they feel it is not in the child’s best interests.

For more information on fostering and how foster parents are required to care for children in their charge, you should contact your Local Authority.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
None - Your Question:
Do foster carers have the same rights at work with regard to being treated the same as ordinary parents at work at eg school calls to say child is ill

Our Response:
Foster parents are not always entitled to unpaid leave to attend to a child's emergency. You will need to negotiate with your employer and provide evidence that you are the only person available for the child.
LawAndParents - 9-Nov-16 @ 2:48 PM
Do foster carers have the same rights at work with regard to being treated the same as ordinary parents at work at eg school calls to say child is ill
None - 9-Nov-16 @ 6:51 AM
Bimlass - Your Question:
I divorced my ex last June, he walked out the house to another woman in October 2013. He has only ever given me £300 in the 3 years towards support for the children. He was sporadic in his visits and having them. ALthough every time he did have them I had to deal with several issues from health to physiological issues which forced me to seek help for the girls - so both have had to have various sessions of counselling. So bottom line, ex doesn't see or contact the girls nor financially support them. He has not been interested in their welfare for years, I have to do everything on my own which I don't mind. What I want to know is has he defaulted and relinquished his parental responsibility ?and therefore can I stop him from having/seeing the girls- not that they want to see him. One is born before Dec 1 2003 the other after.

Our Response:
If you were married, your ex has parental responsibility for the children - this cannot be taken away simply because maintenance has not been paid. Have you ever sought a court order for maintenance? Or help from CSA/CMS in this?
LawAndParents - 28-Jun-16 @ 12:06 PM
I divorced my ex last June, he walked out the house to another woman in October 2013. He has only ever given me £300 in the 3years towards support for the children. He was sporadic in his visits and having them. ALthough every time he did have them I had to deal with several issues from health to physiological issues which forced me to seek help for the girls - so both have had to have various sessions of counselling. So bottom line, ex doesn't see or contact the girls nor financially support them. He has notbeen interested in their welfare for years, I have to do everything on my own which I don't mind. What I want to know is has he defaulted and relinquished his parental responsibility ?and therefore can I stop him from having/seeingthe girls- not that they want to see him. One is born before Dec 1 2003 the other after.
Bimlass - 26-Jun-16 @ 4:33 PM
my wife and i have raised our grandson from birth. He is 14 years old and is autistic.His main interest in life is lorries and will go anywhere to see them, subsequently he has absconded from our care on numerous occasions, and been brought back by the police.We are both in our 70,s but very healthy and well able to look after him. Recently we have had a shared care arrangement,ie, 5 days in foster care and 2 days with us, usually weekends.Unfortunately he absconded on his last visit and was out all night, spending the night in a lorry cab.The police finding him and he was put into full time foster care.He is not allowed home now and we can only have contact under supervision. He hates his foster placement and his health is suffering. He is not allowed his phone and cannot speak to us in private, the ones who have loved and cared for him in a very stable home.We are suffering terribly.
brickley - 9-Mar-16 @ 10:18 AM
hi,im a grandmother who has looked after my grandson 10 years now,he has special needs,im also a foster carer,to his brother,too my grandson is 11 now at the moment,is in resendical care ,I cant see him no contact the last 3 mths,onlt his mother ,who is not very well the hse have cut us off,i mean his aunts my other daughters and son,im very hurt by this as he ,my grandson suffers wit sever attachment disorder,and has tried to run away,any advice would be welcome,there is a interm care ouder on him thank you
doodle - 18-Apr-15 @ 2:36 AM
Hello people im going through a rough patch now an i just wants someone to explain my rights as a father. I recently split from my partner whos carrying my daughter. Anyways she doesnt want me at the birth threatening me with police an everything. An then she saids im not allowed my name on the birth certificate is their anything i can do as a father within my human rights to be treated as an eqaul?
mi-miyasdaddy2014 - 19-Dec-14 @ 8:57 PM
My ex partner & I have gone through an amicable split up 2 years ago. She has recently annouced to me that she is to be married. And would like my daughter who is 4 now, to take her new name aswell as mine, in a double barreled format. Would this affect my parental rights in any way? I am registered on her birth certificate. Sincerely A concerned dad.
Happy dad - 28-Aug-14 @ 3:28 PM
this is peter i just want to ask that if my partner want s to take my child away from ireland can she not take with out a paper sine and a prove i have the money and spourt for too of them and i was in ireland for 7years and workedi dont want my chid to be take it away cant you give me a good avdivce pleasemy ps child was born in ireland on 2mothes ago
Petr - 1-Nov-12 @ 6:00 PM
Im still married but split with my wife and goin to divorce her on the grounds of adultery during the marriage my wife has tried on several occassions tried to committe suicide and stard it is my thought she has been abusive when she is drunk we have 3 teenagers children she has accused me of neglect being a bad father and never supported them but when i dropped my daughter off tonight she was outside drinking and my 15 year old was left in the house on his own what are the chances of getting joint custody of the two younger teenagers has im worried that she is neglecting them with her drinking and worried she might attempt suicide againg has she has once done it infront of them would the court panel look at this and take my concerns into account
calm - 22-Jul-12 @ 12:32 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the LawAndParents website. Please read our Disclaimer.