Fostering Law & Practice - The New Regulatory & Legal ‘Framework’

Introduction

The Department for Education’s Renewing Fostering Plan (February 2026) introduces a new framework to replace outdated statutory guidance, strengthen support for foster carers and empower them to make everyday decisions for the children in their care. As these changes come into force, it is essential that foster carers and professionals understand the updated legal framework, responsibilities and practice requirements.

This webinar provides an overview of the new Fostering Rulebook (Autumn 2026, TBC), highlighting the key changes from previous guidance. It covers the legal framework for fostering in England and Wales, including accommodation under section 20 and fostering under Care Orders, the transition to special guardianship or adoption where appropriate and practical guidance to support positive outcomes for children. The webinar also examines the latest case law.

What You Will Learn

This webinar will cover the following:

• The legal status and rights of foster parents and carers
• The legal responsibilities of foster parents and carers
• The legal challenges and risks faced by foster parents and how they can be mitigated and managed
• The new principles, the importance of the care plan, independent reviewing officer and support available under the new Fostering Plan and Rulebook
• The differences under the new Fostering Plan and Rulebook as between residential care settings and foster parents and carers
• The principles and distinctions upon the legal rights and responsibilities of a foster carer, Local Authority and parents in the context of the new environment and culture under the Fostering Renewal Plan and Fostering Rulebook 2026 and the Fostering Services Regulations
• The impact and principles applied to fostering law and practice from the:
• Children Act 1989 and Adoption and Children Act 2002
• The Care Standards Act 2000
• Children and Young Persons Act 2008
• The new regulatory framework applicable to the assessment of new and intended foster carers
• The legal principles and recent case law applicable to family time arrangements for parents, siblings and wider family for a child or young person in foster care including the landmark Court of Appeal case R and C (Adoption or Fostering) and the provisions of Sections 26 and 51 Children Act 1989 applicable to foster care arrangements
• The legal principles, assessment and process that applies if a foster carer seeks to adopt or apply for Special Guardianship to obtain parental responsibility rights