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.
1 | Two broad categories
- Section 20 accommodation (Children Act 1989) – a voluntary agreement.
- 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)
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.
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.
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.
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.
6 | Foster-carer checklist
- Day 1: Ask the social worker for written confirmation of legal status and current PR holders; file copies of any order.
- Delegated authority: Clarify in writing what everyday decisions you may take (medical, school trips, haircuts).
- Review points: Legal status can change mid-placement (e.g., ICO to CO). Note the change date and obtain the new order.
- 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.
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.
