Facing an allegation of abuse or neglect is something that some foster carers will, unfortunately, experience during their fostering career. This is inevitably a distressing time for everyone involved. The Fostering Network has resources, helplines, advice and mediation services and training to help foster carers and their families if an allegation is made.
What is an allegation?
An allegation is an assertion from any person that a foster carer or another member of the fostering household has, or may have, behaved in a way that has harmed a child, committed a criminal offence against a child or behaved towards a child in a way that indicates they are unsuitable to work with children.
Allegations are more serious than general complaints against foster carers because allegations have to be investigated under the local child protection procedure. Allegations should be treated differently from concerns about poor standards of care.
The public authority (the local authority or health and social care trust) in which the foster carer lives, the fostering service they work for, the public authority responsible for the fostered child and the police will all be involved in deciding exactly how a particular allegation is investigated.
How we can help foster carers
Allegations, concerns and complaints: information for foster carers and those who support them (Signposts in Fostering)
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an explanation of what allegations are and why they are made
- suggestions of good practice to minimise the risk of an allegation
- advice about what to do if an allegation is made
- advice on how to seek legal support in the event of an allegation
- information on what might happen once an allegation has been made
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sources of further assistance and independent support.
Members of The Fostering Network can purchase our Allegations, concerns and complaints publication online for just £3 (the Signpost is available for £6 to those who are not members of The Fostering Network).
Publications and training
Our helplines, and advice and mediation
Legal protection insurance
Our online community
Our call to governments across the UK
In April 2022, we published a report focusing on the allegations process as experienced by foster carers. The report is based on our State of the Nation’s Foster Care 2021 survey, which provides the most comprehensive insight into fostering in the UK. As part of the report, we put forward a series of recommendations for improving the allegations investigation process, but our key call to governments across the UK is to conduct a ‘deep dive’ into allegation investigations in foster care similar to that completed by the Department for Education in England into allegations against teachers.
Relevant guidance, legislation and best practice for managing allegations
In each country of the UK, the approach to managing allegations is determined by the legislation, guidance and best practice in place. We have included links to some of the most relevant guidelines below.
- England
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- Children Act 1989
- Section 22 - General duty of local authority in relation to children looked after by them
- Section 61 and Section 62 - duties of voluntary organisations and local authorities in relation to children accommodated by or on behalf of the voluntary organisation
- The Children Act 1989 Guidance and Regulations Volume 4: Fostering Services
- The Fostering Services (England) Regulations (2011)
- Part 4 - Conduct of Fostering Services
- Regulation 11 - Independent fostering agencies - duty to secure welfare
- Regulation 12 - Arrangement for the protection of children
- Regulation 17 - Support, training and information for foster parents
- Regulation 30 - Case records relating to foster parents and others
- Regulation 36 - Notifiable events
- Part 4 - Conduct of Fostering Services
- Fostering Services: National Minimum Standards
- Standard 22 - Handling allegations and suspicions of harm
- Working Together to Safeguard Children
- Children Act 1989
- Wales
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- The Local Authority Fostering Services (Wales) Regulations 2018
- Code of Practice relating to The Local Authority Fostering Services (Wales) Regulations 2018
- Regulation 20 - Safeguarding policies and procedures
- Regulation 41 - Support, training and information for foster parents
- The Regulated Fostering Services (Services Providers and Responsible Individuals) (Wales) Regulations 2019
- Statutory Guidance Fostering Services [which relates to Parts 2 to 16 of The Regulated Fostering Services (Services Providers and Responsible Individuals) (Wales) Regulations 2019]
- Regulation 21 - Safeguarding policies and procedures
- Regulation 44 - Support, training and information for foster parents
- Wales Safeguarding Procedures
- Social Services and Well-being (Wales) Act 2014
- Working Together to Safeguard People [statutory guidance in relation to Part 7 of the Social Services and Well-being (Wales) Act]
- Scotland
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- The Looked After Children (Scotland) Regulations 2009
- Guidance on the Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007
- Chapter 12 Care Reviews and Termination of Approval [Relevant Regulations 25 and 26]
- Managing allegations against foster carers and approved kinship carers - How agencies should respond
- Health and Social Care Standards
- Northern Ireland
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There are currently no fostering services standards in Northern Ireland. Based on the findings of our latest State of the Nation's Foster Care survey, we recommend the introduction of a clear regulatory framework for foster care in Northern Ireland, which would trigger the development of Northern Ireland standards for all aspects of foster care. Fostering services standards would include best practice guidance on managing allegations against foster carers and approved kinship carers. This would provide a transparent, clear pathway for those impacted by allegations.
Last updated: 04/01/2023