Delegated Authority

Delegated authority is the process that enables foster carers to make common sense, everyday decisions about the children and young people they care for, such as allowing them to go to friends' houses for sleepovers, signing consent forms for school trips and even arranging haircuts.

Holders of parental responsibility (typically placing authority and the child's parents) can delegate authority to foster carers to undertake such tasks and decisions. Foster carers never have parental responsibility for a fostered child, so they can only take decisions about the fostered child where that authority has been delegated to them by the local authority and/or the parents.

Below are some key points to remember while exercising the delegated authority:

• The delegated authority document should be completed at the placement planning meeting and reviewed at the child-in-care review;
• A person with delegated authority may only do what they are authorised to do (unless it is an emergency, in which case they can do what is reasonable to keep the child safe);
• The foster carer's Placement Plan and Delegated Authority documents will set out circumstances in which authority will be delegated to foster parents;
• Where there is disagreement, it is helpful to discuss the issue with the supervising social worker to understand the reasons that have led to the decision and to be clear about what options are available to the foster carer to take the matter further;
• Any arrangement with a temporary carer is not legally binding. A person who holds parental responsibility may take back the authority they have delegated at any time unless a court order says they may not;
• A young person aged 16 (or a young person under that age who is considered by medical staff to have a sufficient understanding of the implications of treatment) can consent to their own medical treatment.

As outlined in Delegated Authority Handbook by Fostering Network, foster parents should be able to do the following:

• Consent to routine medicals (school or LAC medicals);
• Consent to dental and optical checks;
• Facilitate and consent to immunisations;
• Consent to emergency medical treatments;
• Consent to school day trips (long trips and holidays abroad require social work authorisation);
• Participate in decisions making regarding changes of school (in case of a long-term placement). The foster carers should then be able to accept the place and sign any relevant forms;
• Attend school meetings;
• Consent to sporting and leisure activities;
• Unless there is a reason for not delegating authority, the foster carer should be authorised to act as a good parent in decisions regarding visits to friends.

Please remember that delegation of authority is about normalising the experience of young people in foster care and reducing delays in decision-making. If you are unsure about a particular area of delegation, please speak to your SSW or child's IRO.