This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to legal requirements for foster‑to‑adopt arrangements in England and Wales, explaining statutory duties, dual approval of carers, placement planning, court involvement and key considerations for carers and families.
Foster‑to‑adopt arrangements (often called early permanence, fostering for adoption, or concurrent planning) are specific legal arrangements where a child in the care of a local authority may be placed with carers who are approved both as foster carers and as prospective adoptive parents. These arrangements aim to give children a stable placement early on, reducing the number of moves they experience and allowing them to form strong attachments to carers who may become their permanent family. Foster‑to‑adopt is part of the wider legal framework governing children in care, adoption and care proceedings in England and Wales.
This article explains the legal requirements for foster‑to‑adopt placements, including statutory duties on local authorities, eligibility criteria for carers, procedural safeguards, placement plans, and how the courts are involved. It situates these requirements within the broader statutory framework and explains key practical and legal issues for carers and other stakeholders.
Legal and Statutory Framework
Foster‑to‑adopt arrangements are underpinned by a combination of national legislation and regulations:
- Children Act 1989 – core framework for children looked after by local authorities and duties relating to care planning and placement decisions;
- Social Services and Well‑being (Wales) Act 2014 – statutory basis for “foster to adopt” placements in Wales;
- Care Planning, Placement and Case Review Regulations 2010 (England) and 2015 (Wales) – detailed placement planning requirements;
- Adoption and Children Act 2002 – legal basis for adoption orders and placement orders;
- Adoption Agencies Regulations (England & Wales) – regulatory framework for approval and duties of adoption and fostering agencies.
These statutes and regulations work together to ensure that foster‑to‑adopt placements occur only where a child's welfare is properly assessed, the carers are appropriately approved, and appropriate legal safeguards are in place.
Duty to Consider Foster‑to‑Adopt
Under section 22C of the Children Act 1989, where a local authority is considering adoption as a plan for a looked after child, it must consider whether the child should be placed with a foster carer who has also been approved as a prospective adopter. The aim is to promote continuity of care and early attachment while legal processes are underway. This duty applies before a court has made any placement order or adoption order.
The local authority must consider relatives, connected persons or other foster carers who are prospective adopters and justify if they decide that this route is not appropriate for a particular child. This requirement ensures foster‑to‑adopt is not overlooked where it could be in the child's best interests.
Approval and Registration of Carers
Dual Approval as Foster Carer and Prospective Adopter
A key requirement for foster‑to‑adopt is that the carers must be approved simultaneously as foster carers and as prospective adopters. This typically means:
- The carers complete a full assessment as foster carers under the Fostering Services Regulations (England) or relevant Welsh regulations;
- They are assessed as suitable prospective adopters under the Adoption Agencies Regulations and adoption agency procedures;
- The assessments consider standard eligibility criteria such as age, health, background checks and references, and capacity to meet the child's long‑term needs.
In Wales, the statutory scheme under section 81(10)–(13) of the Social Services and Well‑being (Wales) Act 2014 creates a framework for placing a looked after child with carers approved in this dual capacity once the authority has decided the child should be placed for adoption. This must follow a matching process and panel recommendation. It is distinct from practice in England, where concurrent planning arrangements under fostering and adoption regulations may operate differently.
Placement Planning and Decision Making
Care Planning and Placement Decisions
Before placing a child in any arrangement - including foster‑to‑adopt - local authorities must have a placement plan that complies with the Care Planning, Placement and Case Review Regulations. This plan must:
- Set out why the placement is appropriate for the child;
- Define the responsibilities of the local authority and carers;
- Describe arrangements for the child's welfare, schooling, contact with family, and any delegated parental responsibilities.
For foster‑to‑adopt specifically, the plan must explain why this arrangement is in the child's best interests and how it fits within the overall care plan. Placement planning ensures legal compliance and supports transparency in decision‑making.
Role of the Courts
Care Proceedings and Placement Orders
Foster‑to‑adopt often operates alongside care proceedings under the Children Act 1989 where a local authority applies for a care order and ultimately a placement order to place the child for adoption under the Adoption and Children Act 2002. While foster‑to‑adopt placements may begin before the court proceeds to a placement order, the final legal authority for adoption comes from the court.
Once a placement order is made, the child can be adopted by the carers under the formal adoption process. Courts will consider the child's welfare, care plans, and professional assessments before making such orders.
Matching and Panel Recommendations
In most cases, carers approved for foster‑to‑adopt are presented to an adoption or joint fostering and adoption panel which makes a recommendation on the match between the child and the carers. This recommendation is a significant part of the evidence considered by the local authority and, if contested, by the court.
Practical and Procedural Safeguards
Informed Consent and Notification
Statutory guidance and regulations require local authorities to notify parents or guardians of significant decisions relating to the child's placement unless they cannot be located. In foster‑to‑adopt scenarios, this includes notifying birth parents about the proposed foster‑to‑adopt arrangement.
Record Keeping
Authorities must keep clear records of all decisions and reasons for placement choices, including why foster‑to‑adopt was chosen and how the statutory requirements have been satisfied. This protects the child's legal rights and supports scrutiny by courts and oversight bodies.
Rights and Considerations for Carers
Legal Status During Placement
Initially, foster‑to‑adopt carers are foster carers with parental responsibility delegated by the local authority. They do not acquire full parental responsibility until an adoption order is made by the court. This difference affects rights related to decision‑making about education, medical treatment and travel until legal adoption is finalised.
Employment Rights
Carers who are matched with a child for foster‑to‑adopt can, in some circumstances, be eligible for statutory adoption pay and leave if they meet statutory conditions and have been formally notified of the match by the adoption agency. This reflects the hybrid nature of foster‑to‑adopt arrangements in employment law.
Risks, Challenges and Common Questions
Not Guaranteed Adoption
Being approved as a foster‑to‑adopt carer does not guarantee that adoption will take place. The child's care plan can change if the court or authorities determine that rehabilitation with the birth family or placement with extended family is in the child's best interests.
Legal Advice
Due to the complexity of foster‑to‑adopt arrangements - particularly where there is disagreement with birth parents or other connected persons - carers and birth families may seek specialist legal advice to understand their rights and options.
Key Takeaways
Foster‑to‑adopt arrangements in England and Wales merge elements of fostering and adoption law to provide early permanence for children. Statutory duties require local authorities to consider these arrangements where adoption is likely, and carers must be approved in dual roles. Placement plans must comply with care planning regulations, and courts play a central role in making placement and adoption orders. While foster‑to‑adopt offers stability for children and continuity for carers, it is subject to legal safeguards and does not guarantee an eventual adoption order. Understanding the statutory requirements and processes helps carers, professionals and families navigate this complex area of law.
