In July, the Department for Education published new draft standards and guidance for fostering in England for consultation which closed on 16 September. The draft documents replace the current National Minimum Standards for Fostering (2011), Training, Support and Development Standards (TSDS) from 2012, and Children Act 1989 Volume 4 guidance on Fostering.
We responded to the consultation on behalf of our members following engagement with more than 200 fostering services and foster carers. This included focus groups, in-depth discussion with the National FCA Forum and our IFP Steering group, and a member survey. Thank you to all our members that took part in these sessions over the summer.
Below is a summary of our response to the consultation.
Our response to the consultation
New Fostering Quality Standards
Standard 1: Recruitment and assessment
Overall, members were supportive of this standard, including the proposed six-month assessment timeframe, assessments continuing after approval to ensure continued support and improved transparency about the fostering role.
However, members raised concerns including lack of acknowledgement that delays during assessment are often out of fostering services control, particularly medical assessments and DBS checks. Services highlighted that transfers should build on existing assessments and evidence of practice rather than duplicating work already completed. There should also be stronger expectations around timescales and accountability for delays to reduce the time taken for carers to transfer.
The draft standards propose that approval terms should be based on foster carers’ individual skills, abilities, motivation and capacity, ensuring they are flexible and tailored to what carers can realistically offer, rather than being unnecessarily restrictive or based on standardised assumptions.
We welcome broader approvals for foster carers, but would suggest that wider age ranges and long-term approvals to age 18 are specified in guidance. This would improve matching, promote stability and reduce the need for frequent amendments, with restrictions used only where there are clear safeguarding, capability or suitability concerns.
Standard 2: Kinship and friends and family foster carers
The consultation proposes to make kinship care a standalone standard which received mixed views. Some members welcomed the increased focus on kinship care and the recognition of the unique circumstances, challenges and strengths that many kinship carers experience. However, others expressed concern that introducing a separate standard could create uncertainty about which standards apply specifically to kinship carers and which apply to just to mainstream foster carers.
Members also highlighted several areas where further improvements are needed. They called for greater support for kinship carers during the early stages of caring for children, alongside concerns that some training requirements may be disproportionate and should better reflect the experience and circumstances of kinship families. Members also emphasised the need for supervising social workers and fostering panel members to have a stronger understanding of kinship care and the unique challenges these families face. In addition, they highlighted the importance of improved financial support to help meet the costs of caring for children, as well as better access to suitable housing to ensure kinship families have the space and stability needed to provide long-term care.
Members noted that the ongoing Law Commission review of kinship care could lead to significant changes in how kinship foster care is regulated, assessed and supported. As a result, some felt it was difficult to fully assess whether the proposed standards meet the needs of kinship carers until the review's recommendations are published.
Standard 3: Identity, Culture and Family Relationship
Members were overwhelmingly positive about this standard. They welcomed the stronger emphasis on maintaining enduring relationships beyond immediate family members and recognised the importance of supporting children to maintain connections with significant people throughout their lives, including siblings and foster carers.
Members main concerns were around clarification on where the responsibility, accountability and funding for maintaining these relationships lies which we share.
Standard 4: Knowledge and capability
Members generally welcomed the updated standard, feeling it better reflects the skills, knowledge and expertise required of foster carers today.
Members welcomed the move away from the current workbook, which was widely seen as burdensome and a tick box exercise and towards reflective supervision. They felt that reflective discussions with supervising social workers provide a more meaningful way to demonstrate learning, apply knowledge in practice and identify development needs.
However, there were concerns about the workforce, resource and funding pressures this could create.
Standard 5: Support and supervision
Members were supportive of the standard including the emphasis on a more relationship-based and developmental approach to supervision rather than a purely administrative one, out of hours support, and recognition of planned breaks which are an important mechanism for supporting wellbeing, preventing burnout and sustaining fostering households.
Monthly supervision requirement
We support the introduction of a clear minimum expectation for supervision and members supported the principle that foster carers should receive regular supervision and recognised its importance in safeguarding children, providing support to foster carers. However, some fostering services raised concerns about how the monthly requirement would be implemented in practice and were keen to ensure that minimum standards do not inadvertently discourage flexibility in how support is delivered, particularly where carers require more intensive support or where different approaches may be more appropriate.
Endings
Members welcomed the focus on learning from fostering placement endings, including understanding why fostering arrangements end, identifying lessons learned, and using this insight to strengthen support for both children and foster carers in the future.
They also strongly supported the commitment to providing ongoing emotional and practical support to foster carers and other members of the fostering family when a child leaves.
Support
Members highlighted the need for more personalised, holistic and peer support support for foster carers, particularly during challenging periods such as allegations. They emphasised the importance of timely access to emotional support, therapeutic services, counselling and wellbeing support, alongside legal advice and advocacy where needed. Members were clear that support must be rapid, responsive and easy to access.
While there was strong support for strengthening these provisions, some members questioned whether fostering services currently have the capacity and resources to deliver the full range of support being proposed.
Staying Put
We are pleased to see Staying Put recognised within the standards. However, we believe a stronger emphasis is needed on the importance of these arrangements, alongside clearer expectations on fostering services to actively promote, support and plan for Staying Put opportunities. Strengthening the standard in this way would help ensure that transitions into adulthood are discussed early, well planned and delivered smoothly for both young people and foster carers. This would not only improve stability at a crucial stage in a young person's life but also support the continuation of important, enduring relationships that can provide lifelong emotional support and a sense of belonging.
Payments
We would like to see the standards ensure that payments “must” be set at least the national minimum allowance. Currently paying in line with the government's NMA is not statutory, nor is it monitored nationally. This results in inequality for children across England due to the variation in financial support available.
Standard 6: Delegated authority and everyday family life
We are very pleased to see this standard extend delegated authority which will empower foster carers to make day-today decisions. The Fostering Network has been campaign for delegated authority by default for a number of years.
We were also pleased to see the standard explicitly state that foster carers are treated as equal members of the ream around the child and should attend all meetings. Members have consistently raised that there is currently a power imbalance and lack of respect for foster carers, even though they are often the people who know the children best.
However, members would like greater clarity around what decisions foster carers can make independently, how disagreements between foster carers, parents and local authorities may be resolved. They also stressed that in order to effectively strengthen delegated authority, there must also be increased awareness and training for those around the child such as health and education.
Standard 7: Allegations, concerns and the fair treatment of carers
Proportionate response
Overall, members were pleased to see the standard’s focus on ensuring that allegations are dealt with proportionately and looked at impartially. They welcome that fostering services’ response should reflect the nature and seriousness of the concern as well as basing their decision on an understanding of the foster carer, child and those who know child the best. There was also strong support for resolving concerns through supervision, support and risk management where appropriate and the focus on preserving the child’s relationship with the carer where it is safe to do so.
We also strongly support the standard, the importance of ensuring allegations are dealt with proportionately in our Allegations toolkit.
Allegations and standard of care differentiation
Members also supported attempts to differentiate allegations and standards of care concerns and how each should be handled. We strongly supports this differentiation which is a core purpose in our allegations toolkit.
Independent advocacy and support
Members strongly support the introduction of independent support and advocacy for foster carers during an allegation. Both foster carers and fostering services highlighted the emotional impact allegations can have on not only foster carers but the rest of the household and everyone involved. We believe that access to therapeutic, wellbeing and legal support is therefore necessary throughout the entire investigations process and should continue after the investigation closes.
Language
There were also strong concerns that the wording within the standard remains too vague and open to interpretation. Members consistently highlighted that terms such as "fair", "swift" and "independent support" were seen as subjective and could be interpreted differently by services and Ofsted.
Delays
The strongest concern raised by fostering services was the impact of police investigations with fostering services having little or no control over the timescale of an investigation once the police become involved.
Therefore, we would like to see strong requirements for police forces to act in a given timeframe, and stronger recognition of shared responsibility and accountability across agencies with clear roles outlined.
Financial impact
We particularly welcome that the standard clearly states that financial support for foster carers should continue during a formal investigation, we have consistently heard from our members the financial impact allegation investigations can have on them. We believe that taking away a fee from foster carers for delays out of their control is not fair and foster carers should receive a fee for 52 weeks of the year.
Fostering services were concerned over the funding for fee payments. Members from IFAs raised concerns that when a child or young person is removed they may no longer receive payment from the local authority raising concerns over the financial implications for smaller independent fostering agencies and charitable providers.
Avoiding unnecessary moves
Members were in support of the focus on children avoiding unnecessary moves but wanted a stronger focus on maintaining children to stay with their foster carers wherever this can be done safely through risk assessment and support. This would include strengthening the voice of the child in the decision.
New development Standards for foster carers
We broadly welcomed the new direction of travel for foster carer training, particularly the move away from the previous workbook approach, which foster carers widely viewed as burdensome and focused on compliance rather than meaningful learning.
We strongly supported the emphasis on continuous learning, trauma-informed and therapeutic parenting, and training on how to enable foster carers to be the primary decision-makers in children's day-to-day lives.
Across the standards, members welcomed the focus on building safe, stable and loving relationships, supporting children's identity and wellbeing, safeguarding, and partnership working.
However, we believe there is a need for greater clarity and consistency in how the standards will be applied, stronger recognition of the full breadth of the foster carer role, and a greater emphasis on foster carers as equal partners within the team around the child.
We also highlighted the need for improved support for foster carers to maintain children's important relationships, work effectively with birth families, navigate safeguarding concerns and allegations, and access ongoing professional development throughout their fostering journey.
Overall, while members were highly supportive of the proposed standards, they stressed that their success will depend on clear expectations, consistent implementation, and meaningful investment in training, support and professional recognition for foster carers.
New Statutory Guidance for fostering services
We welcomed many of the proposed changes in the guidance, particularly the stronger focus on delegated authority, Staying Put, financial support for foster carers, and the important role of fostering panels. We also supported improved guidance on fostering panels, record keeping, and transfers between services, stressing the importance of maintaining robust safeguards, fairness and consistency across the sector.
However, we highlighted the need for greater clarity and consistency in several areas. We called for:
- Clearer guidance on the decisions foster carers can make on behalf of children, particularly in relation to health and education
- Earlier, more consistent conversations about Staying Put to help young people plan for adulthood
- Clarity regarding the wording on financial arrangements during allegations and panel chair experience
- A balance in recording between reducing administrative burden and ensuring sufficient records are maintained to safeguard both children and foster carers.
- Removing the need for foster carers to give 28 days notice when transferring
Overall, while we support the direction of the guidance, we believe its success will depend on clear expectations, consistent implementation, and ensuring foster carers are properly supported, recognised and empowered to make decisions in the best interests of children. This will involve a long term culture change on the ground supported by clear leadership within the sector.
Withdrawing resignation
We are supportive of the proposal to allow foster carers to withdraw their resignation within 28 days, we think it is a sensible and proportionate measure that recognises resignations can sometimes be made during periods of stress rather than as a reflection of long-term intentions. The proposal could help retain experienced foster carers, reduce unnecessary reassessments and support placement sufficiency.
While welcoming the proposal, members highlighted the need for clear guidance on how it would operate in transfers, situations involving allegations or suitability concerns, and whether fostering services should have discretion in exceptional circumstances.
Next steps
The Department for Education are currently analysing the consultation responses and we expect the finalised standards and guidance to be published in a couple of months.
Thank you to all our members who fed into our response, we will keep working with the DfE to ensure that there is enough support to implement the standards and guidance on the ground so that both foster carers and services have the right support to ensure foster care is the best it can be.
