Foster Care and the Law: Your Rights & Responsibilities

When we talk about foster care, it’s easy to focus on the emotional side of things - the need for compassion, stability, and kindness. But what often gets overlooked is the legal side. Foster care is not just about opening your home and your heart; it’s also about understanding your rights, responsibilities, and the laws that govern these relationships. Whether you’re a current foster carer or considering taking the first step, having a solid grasp of the legal framework is essential to offering responsible, confident care.

At Community Foster Care, we operate within a clear structure guided by legislation and best practice. This helps us ensure that every child receives the high-quality care they deserve while also supporting our foster carers to navigate their role effectively. Understanding your rights and responsibilities as a foster carer, or as a birth parent whose child is in foster care, can help everyone involved feel more informed, respected, and secure.

Legal Foundations of Foster Care

Foster care in the UK is governed primarily by the Children Act 1989 and related legislation, such as the Children and Families Act 2014. These laws define how local authorities, fostering agencies, and carers work together to safeguard children’s welfare. When a child enters care, it’s usually because the local authority has assessed that their birth family cannot meet their needs either temporarily or permanently.

The court may issue a care order, granting parental responsibility to the local authority. This means foster carers don’t hold parental responsibility themselves, but they do have duties under their fostering agreement. These responsibilities must be clearly explained at the outset to ensure everyone understands their role in the child’s life.

Foster Carer Rights and Responsibilities

Our foster carers are central to everything we do. They are not simply substitute parents; they’re trained professionals working within a structured system. Carers have the right to:

• Receive comprehensive training and ongoing support. We ensure that all our carers receive a level 2 qualification in therapeutic parenting when you join our community, as well as receiving further support whenever you need it.

• Be treated with respect and listened to in decision-making processes.

• Be provided with full, accurate information about any child placed in their care.

• Access planned breaks and peer support as needed.

With those rights come clear foster care responsibilities. These include providing day-to-day care, attending meetings, advocating for the child in your care, and working collaboratively with birth families and professionals. Foster care roles and responsibilities also extend to keeping records, following agreed care plans, and ensuring that children are kept safe from harm.

At Community Foster Care, our trauma-informed approach ensures every carer is equipped not just with practical knowledge, but also with an understanding of the emotional and psychological needs of the children they look after​. As mentioned above, once you join our community, you’ll receive initial training to get a level 2 qualification in therapeutic parenting to help you help the child to heal from their trauma, as well as ongoing specialist training including access to consultant psychotherapists and reflective peer discussion groups to help you and your foster child grow.

Long-Term Foster Care and Legal Considerations

For those offering long term foster care, the emotional bonds formed can be just as strong as with birth families. However, it’s important to understand the legal position. Even in long-term care arrangements, carers do not automatically gain parental responsibility unless specific legal steps, such as a Special Guardianship Order (SGO), are taken.

That said, long-term carers do have increased input into a child’s life decisions, particularly around education, health, and wellbeing. This makes understanding long term foster care parents’ rights vital. Being able to support a child long term also means understanding the legal expectations placed upon you, such as continuing to work within care planning meetings and providing feedback to social workers.

Parents’ Rights When a Child is in Foster Care

Birth parents maintain certain rights even when their child is placed in foster care. These parents’ rights when a child is in foster care are shaped by the legal status of the care arrangement. If the child is under a voluntary care agreement (Section 20 of the Children Act 1989), parents retain all parental rights, unless the local authority seeks a court order.

When a care order is in place, parents share their parental rights with their Local Authority. They should still be involved in planning for the child’s future, including attending review meetings and being kept informed of major developments. Our role is to help maintain these relationships wherever possible, as long as it’s in the best interest of the child.

Working Together in the Best Interests of the Child

One of the most rewarding, and complex, parts of our work is supporting positive relationships between carers, children, and birth families. That’s why we place such a strong emphasis on fostering responsible caring, including recognising the emotional needs of everyone involved and acting with sensitivity towards those needs.

Legal frameworks provide a foundation, but experience shows us that it’s empathy, communication, and trust that make these arrangements successful. We support our carers in building these relationships while also ensuring that the child's rights and wellbeing remain the central focus. This includes advocating for their needs in educational settings, arranging therapeutic support, and working closely with schools and local authorities to deliver tailored care plans​.

Getting Support and Staying Informed

At Community Foster Care, we make sure every carer has the support they need to understand and meet their legal obligations. This includes regular training sessions, guidance around regulatory changes, and opportunities to share knowledge with others in our fostering community.

For those seeking more information on the legalities of foster care in the UK, websites such as CoramBAAF and The Fostering Network are excellent resources, offering in-depth advice and up-to-date legal insights.

Final Thoughts

The legal side of fostering can seem overwhelming at first, but it's a vital part of what makes our system work; keeping children safe while enabling carers and families to support them effectively. Knowing your rights and your responsibilities not only protects you, but it also strengthens the entire fostering experience. With the right support, training, and information, we believe that every carer can offer a truly life-changing home to a child in need.

To learn more about how we support carers through this process or to enquire about fostering, visit our services page. Let’s work together to build strong, legally informed, and emotionally secure homes for children across our communities.