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Home Page Already fostering? Fostering legislation

Delegation of authority

What is delegation of authority?

Delegated authority is all about giving children in care as normal lives as possible, with foster carers being able to make everyday decisions without having to ask a social worker for their consent. Every local authority is required to have a published policy setting out its approach to delegation of authority in respect of children in foster care.

 

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The Children Act 1989 statutory guidance confirms that (except where there are factors that dictate the contrary) foster carers should be given delegated authority to make day-to-day decisions about health, education, leisure, etc and the matters to be delegated to them recorded in the child’s Placement Plan.

Woman, Man And Baby

Overnight stays, school trips, and holidays

In making decisions whether to allow a looked after child to stay overnight with a friend, go on holiday with a friend’s family, or go on a school trip, foster carers and responsible authorities should consider the following: 

  • Are there any restrictions in the child’s care plan or placement plan?
  • Are they any court orders prohibiting or restricting overnight stays or holidays?
  • Are they any factors in the child’s background, past experience, or behaviour that preclude the trip or holiday?
  • Are there any grounds for concern that the child might be at risk in the household concerned or from activities proposed?
  • What is the age and understanding of the child about the trip?
  • Is the holiday in term time, as any holiday (with the exception of a school trip) is likely to need the express consent of the local authority and may only be agreed in exceptional circumstances?
  • What are the reasons for the stay/trip?
  • How long is it for?
  • Remember, any trip abroad will need the written consent of the responsible local authority as this will need to be available along with the child's passport at passport control. 

Children should always be told why a decision has been made, and why, including the criteria used to make the decision.  

As for any child staying away from home, details for where they are staying and information about all activities to be undertaken should be provided to the foster carers.  

However, there is no statutory duty to obtain DBS checks in relation to a private household where a child may stay overnight or visit, or who the child may accompany on holiday or a school trip. There is no requirement for the adults in the household that the child visits or accompanies on holiday to be approved as a foster carer, as the child remains formally placed with their usual foster carers. 

Taking a foster child on holiday?

Child At Beach

Thinking of taking your foster child on holiday? Have a look at our recent blog post, written by one of our friendly fostering advisors, which gives you lots of advice on the process. 

Taking a child you care for on holiday
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