---
title: Legal Status of Foster Children
description: "**Legal Status of Foster Children – knowing who holds the keys to decision-making** Before you can make everyday or emergency decisions for a child, you must be clear about their **legal status** and **who currently holds parental responsibility (PR)**. That…"
url: "https://handbook.co.uk/docs/legal-status-of-foster-children/"
updated: "2025-07-13"
category: Foster Carer Handbook
---

# Legal Status of Foster Children

**Legal Status of Foster Children – knowing who holds the keys to decision-making**

Before you can make everyday or emergency decisions for a child, you must be clear about their **legal status** and **who currently holds parental responsibility (PR)**. That single fact dictates everything from who may consent to medical treatment to who can remove the child from your home.

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**1 | Two broad categories**

1. **Section 20 accommodation** (Children Act 1989) – a voluntary agreement.
2. **Court orders** that place a child in the care of the Local Authority:
   - Police Protection (PPO)
   - Emergency Protection (EPO)
   - Interim Care Order (ICO)
   - Full Care Order (CO)

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**2 | Section 20 – parents still hold full PR**

Under S 20 the Local Authority provides accommodation, but parents (or anyone else with PR) keep the legal right to take the child home at any time—*even without prior notice.*

- **Who usually has PR?**
  - Mother automatically.
  - Father **if** married to the mother *or* named on a birth certificate registered **after 1 Jan 2006**.
  - Anyone granted PR by a court order (e.g. Special Guardianship).
- **Your role**
  - Confirm, in writing, who holds PR the day the child arrives.
  - If a person with PR wants to remove the child without prior agreement, call the child’s social worker **and** your SSW immediately for guidance and safeguarding planning.

Young people aged 16–17 may also request S 20 accommodation in their own right.

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**3 | Emergency powers – PPO & EPO**

| **Order** | **Issued by** | **Duration** | **Can it be extended?** | **Who can remove the child?** |
| --- | --- | --- | --- | --- |
| **Police Protection Order (PPO)** | Police | up to **72 hours** | No | Only the police or the Local Authority while PPO active |
| **Emergency Protection Order (EPO)** | Court (usually on LA application) | **8 days** | +7 days (court) | Only the Local Authority; parents may challenge after 72 hrs |

*Always obtain a copy of the order for the child’s file and confirm what legal status will follow once the short-term order ends.*

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**4 | Interim Care Order (ICO)**

A time-limited court order (often 4–12 weeks, renewable) that shares PR between birth parent(s) and the Local Authority. In practice the LA has the deciding vote, so **nobody may remove the child or make major decisions without social-worker consent**.

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**5 | Full Care Order (CO)**

A long-term order lasting to age 18 (unless discharged earlier). PR is shared, but day-to-day authority rests with the Local Authority. Birth parents retain the right to be consulted yet **cannot** unilaterally remove the child from placement.

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**6 | Foster-carer checklist**

1. **Day 1:** Ask the social worker for written confirmation of legal status and current PR holders; file copies of any order.
2. **Delegated authority:** Clarify in writing what everyday decisions you may take (medical, school trips, haircuts).
3. **Review points:** Legal status can change mid-placement (e.g., ICO to CO). Note the change date and obtain the new order.
4. **Emergencies:** If anyone arrives saying they have the right to remove the child, ring the child’s social worker and your SSW before you hand the child over—unless a valid court order or police instruction is presented.

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**Remember:** knowing precisely *who* can say *yes* or *no* keeps children safe, protects your approval and prevents stressful last-minute disputes. When in doubt, pause and seek advice—written clarity today saves crisis tomorrow.