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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40 questions

Ask Law and Parents a Question

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.

M 11/03/2018 at 9:56 pm

Hi, what happens when a foster child with disabilities turn adulthood and still remains with the foster patents but then dies due to illness. What rights do the foster parent have in the funeral arrangements and do the biological parents have a say? Thanks

LawAndParents Editor 12/12/2017 at 2:50 pm

This really depends on the fostering agency/social workers. If they feel it's good for the child they have the power to assist it/allow it.

Sam-Lowe 11/12/2017 at 8:00 am

Hi, I have been a friend and family foster carer for 14 mouths, the child has now moved to another placement. Do I legally have any rights to see her?

Apple64 27/11/2017 at 12:14 pm

I have been accused of not supporting a HPV vaccine for a 14 year old FC. I have never had any delegated authority and did not feel able to sign a parental consent form .However YP discussed the vaccine at school with friends and decided not to have the vaccine at this present time and await further investigations into the safety of the vaccine. I informed her SW and this has now led to a Standards of Care investigation against myself and removal of the YP and her sibling after 5 years in our care.
I want to know if I am legally within my rights to state that I as a foster carer would not knowingly harm a child and can not be involved in such a decision.

LawAndParents Editor 06/11/2017 at 2:00 pm

Sorry but we can only really comment on UK based issues.

Nookie 05/11/2017 at 9:08 am

I need to remain anonymous. I'm a foster parent for an agency herer in Macon, ga and I was docked $150.00 dollars for not attending a mandatory meeting. I later was allowed to make the class up but the money was never returned. I don't think it is fair because I have my biological kids in my home as well and that was the reason I could not make it. Is this legal or what?

LawAndParents Editor 27/09/2017 at 3:24 pm

You should try mediation to come to some agreement whereby you can have you son stay. If this is unsuccessful you could try applying to the courts for a child arrangements order. Bear in mind a court will probably not grant overnight stays for a young baby.

Mr 26/09/2017 at 11:40 am

I have parental responsibility for my son, he lives with his mother. We are no longer together, she only lets me see him once every 2 weeks for a day and won't let him stay overnight, there is no reason for this as I have a perfectly suitable home. I'd like to see him more often but she won't allow it. What are my rights/options?

LawAndParents Editor 16/03/2017 at 10:38 am

It might be worth getting a different professional involved. If your concerns are well founded, someone needs to step in and make sure the child is cared for propertly. You could try the NSPCC or Family Lives

Rubykr 14/03/2017 at 1:58 am

My 4 month baby is in foster care due to an accident in the bath, an social services had taken him away for further investigation - the first contact we had with our baby he was in a bad state such as:
Foul smell
Infection rash between legs
Rash on back neck
Flakey skin
Dirty ears
Dirty neck an rash

We raised concerns to social worker they had ignored us an said we should be glad we are having contact

Then we noticed at contact he was struggling breathing an not as active we suggessted he must have chest infection or virus we raised this with social workers they had questioned if we were medical professionals an disregarded our concerns we said we wanted to tale this further if he wasnt taken to GP they then took him the next day an we was right he had been suffering from a chest infection for a couple days

3rd contact we had noticed the foster carer without our permission had shaved his forhead hair off with a blade an we raised this with social workers an they have ignored us

We feel as if he have no rights an the social are against us, we do not know what to do everytime we make complaints we are being ignored an no action is being taken

We have video an photo evidence of all these issues - they had sent us a letter stating we cannot make videos or photo of our baby no longer

LawAndParents Editor 09/11/2016 at 2:48 pm

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.

None 09/11/2016 at 6:51 am

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

LawAndParents Editor 28/06/2016 at 12:06 pm

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?

Bimlass 26/06/2016 at 4:33 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 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.

brickley 09/03/2016 at 10:18 am

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.

doodle 18/04/2015 at 2:36 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

mi-miyasdaddy2014 19/12/2014 at 8:57 pm

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?

Happy dad 28/08/2014 at 3:28 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.

Petr 01/11/2012 at 6:00 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 worked i dont want my chid to be take it away cant you give me a good avdivce please my

ps child was born in ireland on 2mothes ago

calm 22/07/2012 at 12:32 am

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

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