Future of foster care consultation

Closes 6 Feb 2025

Retention of foster carers - day to day decisions

A foster carer is looking after the child on behalf of the local authority and will not have parental rights for the child in their own right. What a carer can do day to day depends on whether the decision is necessary to safeguard the child’s health, development and welfare in accordance with section 5 of the Children (Scotland) Act 1995, and what the person with parental rights and responsibilities for the child has agreed. Scottish Government guidance exists to support this. For foster care to be successful, enabling the carer to take appropriate day to day decisions should be encouraged, and there are opportunities for carer and birth parent to work together to make this happen.

27. Is the existing framework under which foster carers can make decisions clear?
28. Would further guidance, for example good practice, be helpful to support decision making for foster carers (sometimes called delegated decision making) be helpful?