Legal and financial matters
A brief guide to fostering legislation and allowances in the UK.
Introduction
Fostering legislation
National standards
Fostering allowances and fees
Introduction
Permanent (long-term) fostering offers a child a permanent family without losing their legal ties with their birth family. The foster carer cares for the child, usually until the child reaches adulthood, sharing the care of the child with the local authority and the birth parents. The child will remain the legal responsibility of the local authority and/or the child’s birth parents.
Fostering legislation
England and Wales – The main piece of legislation covering fostering in England and Wales is the Children Act 1989. All local authorities and fostering agencies have specific duties to foster carers, children and their birth families under this legislation and related guidance and regulations. This includes matters such as the suitability of a foster placement, requirements of foster carers in their role of caring for a child, access to representation and complaints procedures, record keeping, visits by a social worker to children in foster care, meetings and reviews, and fostering support.
Guidance and regulations include the Fostering Services (England) Regulations 2002, the Fostering Services (Wales) Regulations 2003, the National Minimum Standards for Fostering Services for England, and the National Minimum Standards for Fostering Services for Wales.
Northern Ireland – The primary legislation in Northern Ireland covering fostering is The Children (Northern Ireland) Order 1995. The Foster Placement (Children) Regulations (Northern Ireland) 1996 cover approval of foster carers, fostering records, foster placements (including short-term and emergency placements), and authority visits to children placed by voluntary organisations.
A ten-year strategy for all children and young people in Northern Ireland was launched in 2006. Plans for adoption and fostering include ensuring permanent families are found for more children, and increasing the number of foster carers from 300 to 1500 by 2008. View the strategy 'Our children and young people - Our pledge' (pdf) (please note this is a large file)
Scotland – The main piece of legislation covering fostering in Scotland is the Children (Scotland) Act 1995. Related regulations include the Fostering of Children (Scotland) Regulations 1996 which covers the assessment and approval of foster carers, fostering records, foster placements, and arrangements between local authorities and voluntary organisations.
The Adoption and Children (Scotland) Act 2007 will also affect fostering when it comes into force in 2008 and there will be new fostering regulations.
For more information on fostering legislation, you might find the BAAF book Fostering a child useful.
National standards
The UK National Standards for Foster Care (1999) represent best practice and cover all aspects of fostering. However, there are also other standards for fostering. All fostering agencies are regularly inspected by the government to ensure they provide appropriate fostering services.
The National Minimum Standards for Fostering Services 2002 (England) and 2003 (Wales) and the National Care Standards: Foster care and family placement services (2005) (Scotland) are the standards which local authorities and independent and voluntary fostering agencies must reach when they provide a fostering service.
Fostering allowances and fees
Foster carers receive ongoing support and training from their fostering agency, including payments to cover the cost of caring for the child. This includes food and clothing. They also receive additional payments linked to the child’s birthday and holidays.
Increasingly, fostering is seen as a professional role, and some foster carers are making fostering a ‘career’. Foster carers like these are registered self-employed with their fostering agencies, and receive a fee for the work they do in addition to a fostering allowance for the care of a child. Other foster carers are volunteers and they receive an allowance but no fees. Foster carers do not pay tax on the first £10,000 per year of their fostering income.
Recommended national minimum fostering allowances were introduced in England in April 2007 and in Northern Ireland in 2006. The aim is to make payments to foster carers consistent across the different local authorities. Many foster carers will be entitled to more than the minimum allowance, depending on their skills and experience and the age and needs of the child, but no foster carer should receive less.
Fostering agencies in England are required to publish their allowances. They are also encouraged to follow the good practice guidelines regarding making payment systems simple, fair and transparent.
The recommended minimum weekly allowances for foster carers in England are:
| Babies | Pre-primary | Primary | Age 11-15 | Age 16-17 |
|---|---|---|---|---|
Base = £100 | Base = £102 | Base = £113 | Base = £129 | Base = £151 |
For more information on recommended minimum allowances in England see Every Child Matters or contact the Fostering Network on 0800 040 7675 (9–5 Mon–Fri).
Wales - The Welsh Assembly is currently consulting on minimum allowances for foster carers in Wales.
Northern Ireland - See the DHSSPS website for the 'model' scheme of fostering allowances in Northern Ireland (as from April 2006).
Scotland - The Adoption and Children Act (Scotland) 2007 provides for care allowances and new regulations will be made. These may include national minimum allowances for fostering.
Go to next section: Becoming a foster parent
Last updated: 23 July 07
