What Are the Rights of Foster Parents?

Author: Jack Claridge

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.

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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.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

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.

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LawAndParents Editor 21/05/2026 at 9:15 am

@Bean You'll need to discuss any move with your supervising social worker before making plans, as the local authority has to agree to changes in the foster children's living arrangements and schooling. Catchment isn't an automatic barrier, since looked after children often have priority and many stay at their current school with transport arranged. Be honest about your situation and what support you'd need. Sorry to hear about your mum, hopefully the authority can be flexible given the circumstances.

Bean 23/05/2023 at 6:13 pm

My mother is terminally ill. She lives 10 minutes away from me by car. Can I move in with her to support her. I have two teenage foster children. If I moved I would be out of their current schools catchment area.

Howay 04/05/2023 at 10:47 pm

My girlfriend is 24 and has severe needs and is 36 weeks pregnant and is in a foster home but can they stop me from being at the property even when it got said in the case conference that I should be and to be apart of appointments which I'm also being stopped going to

Duck1 19/05/2021 at 8:50 pm

My son is in long term foster care he is 11 years old. He was moved from the first foster home as I was told it was a brake down of the placement. 9 days after my son moved into the new foster placement, he told me the reason why he wanted to be moved. It break my heart to be saying this but they were hitting him as to the extent of trying to throw him down the stairs, throwing food at him and would barely give him any food. They were calling him the most horrible names and much more. I was not aware of anything that was going on as I didn’t get to see my son for 6 months because of Covid 19 even though I should’ve been allowed to see him in open spaces like the park. And to make things worse the social worker blocked my number for 4 months so I couldn’t get through even to speak about the allegations that my son has made. I reported the allegations to the police and they were supportive but I had to wait 5 days to see if the social worker would report it. And on the fifth day she did. They all had a meeting to which I still don’t know what was said. My son had to be interviewed by the police, I was not told anything. Now my son is so depressed and unhappy even we’re he is. It hurts me so much. He has started getting into trouble at school which he never has done before. He is not supposed to be phoning me unsupervised but he phoned me this evening and I have never heard him cry like that before he said he feels as though he is back in the old foster home not the physical abuse part but emotionally. He was crying so much that I could not hold back the tears. My son just wants to come home and he has told them and all they do is want to move him. He is so depressed and stressed as he already has mental health problems in which this is making him feel more anxious. He is crying all the time and the social services are not taking his needs into consideration which I think is very unfair as they was taking away just because I have depression. It should never have come to this. As I was never offered any help to begin with. And even through this 12 months that they have been gone I was never asked to do a parenting course or anything never I was asking them what do I have to do. And only now 12 months on they have given me a list of the things they want me to do before I can apply back for them. My heart is broken and yes I feel so sad if I am feeling like this then how is my children feeling I loose sleep over thinking of their feelings as we were a very close little family that absolutely love each other.

Ange 18/04/2021 at 1:13 pm

My brother should have only had his son taken away for 6months to help him cope at the time. 8 years later and the foster parents still have control of his life even though he is 16 now, even control his phone and who he is allowed to txt and speak too. several new social workers have told my brother to sue Grimsby council for all their faults and keeping my nephew from his dad, never had a school report, never had a school photo until now, supervised visits when they should not have been, the list is endless how my brother has been let down. I have fostered kids in my early years in Sheffield and as a foster carer, I have never kept a child from seeing their parents (unless to dangerous to) as I am only the care giver with no rights like my nephews foster carers have over him. I am appalled and shocked at the way Grimsby Council have treated my brother.
Before anyone says anything “I was not allowed to foster my nephew as they said at first that I was not fit enough and then they said I was a alcoholic to which I am disgusted at. I have a degree and hold down a responsible job in Sheffield.

Carni 31/03/2021 at 6:59 pm

Hi, my daughter ran away to a friend's house a month ago, the pple that she's staying with are threatening to take me to court for fostering rights, socailservices have a signed copy from myself for a section 20 but they haven't taken my daughter from her friends house yet. What else can I do to get social services to take my daughter from where she's staying into a proper Foster home please help.

Sophie 31/12/2019 at 1:52 am

Hi my kids went to my family it something care but they out my son in foster care do I have rights to see him as the court said six a year the sister stoped me completely but now he not with them were do I stand

Mayjan1119 08/11/2019 at 10:54 pm

I have 8 year son who was put into care simce he was 3 years old. He will be staying in full time care until 21 years old or 18 years old. I think.
They are planning to work with me in regards to my son needs and care but what responsibility right do i have as main parent when it comes to face to face contact and also would i be able to request in future shared responsibility with the local authorities and foster parents on making decisions for my son?

I struggle to understand how it all works and where we all fit into place like puzzles in a box?
Please help me understand the input - output of the system.

Laracroft1977 10/09/2019 at 7:19 pm

Hi I have asked for photos of my 2 boys in foster care but the foster parents are not willing to share any photos at this moment in time what does this mean please help

Angels2 22/08/2019 at 7:29 pm

I have had my two children on a permancy order I was told by the courts that I was allowed to write letters cards etc to my elder daughter who is 17 years old now I have waited 12 years to c my daughters my youngest daughter has just turned 13years the foster cares have sent me the cards letters back ive had enough of this now if done this for 12 years with the social work department they have never even helped me with rehabilitation with my kids they send me paper copy of my daughters and they were told to send me photos but they never have they r going against the court order I am now getting to the stage that me and my lawyer are going take them back to court can you give me some advice or help thank you

Cup1927 22/07/2019 at 5:41 pm

Hi

My doctor has signed me off sick for 4wks for stress, does my agency have to help get someone else look after my foster child while I'm on the sick. I live in the uk

Winnie 30/03/2019 at 3:29 am

What happens to children when FCS quit. Does the matter how back to court or they are just moved to another place? 5 year old has had 3 placements boy if 12 has had 2. Can we apply to court as plan was ltfc and then ago but has never happened in nearly 3 years.

Leigha 09/02/2019 at 8:55 pm

If my kids have been fostered, can I have any legal right to visit or atleast have some contact with them? If so how would I go about doing this.
Thank yoj

Gt 04/09/2018 at 6:43 pm

The council gave out my address to a child's parent in my care without my permission or any warning. The child's parent turned up to my door because my information was given out as child was placed under a section 20. What are my rights as a foster carer as I have my own young children living at home. And this had put me and my family at great risk due to parents violent history.

Nickyjh01 31/08/2018 at 1:26 am

I have a young child in our foster care . Her SGO is demanding she has our address . We have asked for it to be with held .the local authorities say we must give them our address. Is this true

Hector 28/08/2018 at 8:07 pm

We are currently in the process of adopting a child, the child in question has now been with us for 2 months however we are still classified as foster carers until everything has been formalised in the courts. Which in theory could take years. Are we entitled to any support? For example Foster carers allowance until the adoption is legal? Our local authority has said no but I’m not convinced this is right? Any help would be much appreciated. Thanks

LawAndParents Editor 31/07/2018 at 12:03 pm

This would probably depend on specific caring requirements, e.g if there is a policy not to place children where there are already children, it may be feasible. Talk to Citizens' Advice for specific help relating to your own situation.

D Crox 30/07/2018 at 11:44 am

Hi,
I am a Foster Parent, with an agency not Local Authority and I am 15 weeks pregnant. My employer is fully aware of my pregnancy.
I am currently going though a placement breakdown, current placement does not want to return to placement after being on respite. Before this she was happy and supported and I was able to do my job. My question is; would my agency employer be allowed to deny me any further placements because I am pregnant? If so, isn’t this a form of discrimination?
Thank you.

Jadeen 18/06/2018 at 3:45 pm

Hiya my sons been taken off me at 7 days old. He is now currently being fostered and I was wondering can she bond with my son?

SUZ 23/05/2018 at 10:20 am

I fostered a baby from 2 days old. He was returned to his grandparents at 3yrs old. They have been given permanence order and parental rights. We hoped for a last visit to let him know we had not disappeared, to help him heal and try to make sense of where he is. The grandparents have refused as they don't want him to remember his past. We only want one visit mostly for his sake. Do we have any legal right does he have any legal right.

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