Becoming a foster parent

Who can foster

Being a foster parent means caring for a child as part of your family. To become a foster parent you need to be:

at least 21 years old

a UK resident or have indefinite leave to remain

able to take care of a child or young person, often on a full-time basis

How long you care for the child depends on the type of foster care. It can range from one night to many years, or until the child is an adult.

If you’re already fostering a child, there’s more information about help and support for foster parents.

You may be able to work and foster. Whether you can depends on the child’s circumstances and the fostering service you apply to. This can be your local council or an independent fostering agency.

You do not need to own your home, but usually you’ll need to have a spare bedroom.

Before you can foster, you must pass an assessment to check that you’re able to care for a child. You will not be assessed on your age, ethnicity, gender, marital status, religion or sexual orientation.

You do not have a statutory right to time off work to care for foster children.

Your responsibilities

If you become a foster parent you’ll need to:

care for the child as part of a team - this could include a local authority, schools, health professionals and the child’s birth family

keep records and write reports about the foster child

attend meetings and advocate for the child

help the child manage their behaviour and feelings

attend training

Call Fosterline for free to get advice on fostering. You can also read more about fostering on the Fosterline website.

Types of foster care

There are many types of foster care. The application process is the same for all types.

Long term

You foster children who cannot go back to their birth family but do not want to be adopted. Usually, you’ll be their foster parent until they’re an adult.

Short term

You look after children for a few weeks or months while plans are made for their future.

‘Family and friends’ or ‘kinship’

You care for a child who you know or is part of your family - for example, your grandchild. Contact your council for information about becoming a ‘family and friends’ or ‘kinship’ carer.

Emergency

You give a child somewhere safe to stay for a few nights or weeks. This is usually unplanned and you could get less than 24 hours’ notice.

Respite and short breaks

You care for children who have disabilities, special educational needs or behavioural issues while their parents or usual foster carers take a break.

Remand

You take care of young people who’ve been remanded by a court. You must have specialist training to be this type of foster parent.

Fostering for adoption

You foster babies or young children who you may go on to adopt. If you’re fostering for adoption you’ll be entitled to adoption pay and leave from when the child comes to live with you.

Specialist therapeutic

You provide specialist therapeutic care to children and young people with complex needs or challenging behaviour. This is for experienced foster parents or those with certain skills.

Help with the cost of fostering

All foster parents receive a foster care allowance to cover the cost of caring for a child.

The minimum is usually between £134 and £235 a week. The total amount you get depends on:

where you live

which fostering service you use

the child’s age

if the child has specific needs

your skills and experience

The fostering service you apply to will tell you how much you can get.

There’s more information about financial help in the guide for foster parents.

Tax arrangements when you foster

When you start fostering, you’ll need to register as self-employed and file tax returns.

You’ll also be entitled to qualifying care relief which means you’ll:

earn £10,000 from fostering before you have to pay tax

get tax relief for every week you foster a child

There’s more information about paying tax in the guide for foster parents.

Claiming benefits

Being a foster parent can affect the benefits you get. If you’re claiming benefits you’ll need to tell the organisation that pays you that you’re also getting foster care allowance.

Use a benefits calculator to check what benefits you’re eligible for.

For more help on how your benefits may change, contact:

the organisation that pays you

Fosterline - a free fostering advice service

Applying to become a foster parent

The process starts when you apply to become a foster parent and finishes with a decision from the fostering service. The process can take up to 8 months to complete.

Steps 2 to 6 might happen in a different order.

You apply to become a foster parent through your local council or an independent fostering agency. You can only register with one fostering service.

The council or agency asks you to go to a preparation course on fostering.

You and every adult that lives with you will need to get an enhanced Disclosure and Barring Service (DBS) certificate.

A social worker assesses you and your family to check that you’re able to care for a child.

You state any preferences about the children you’ll care for, like age or gender. You cannot choose a child out of a group of children and you do not get a trial period with a foster child.

The fostering service reviews your application. You’ll need to meet with their panel who will make a recommendation.

The fostering service makes a decision on your application.

Your fostering assessment

Before you can foster a child you must pass an assessment by a social worker.

Assessments have 2 stages that might be done separately or at the same time.

Stage 1 - practical information about your circumstances

A social worker will ask questions to assess if fostering is right for you. They will ask:

about the property you live in and any pets you have

for your personal information including your relationship history

about your general level of health (you’ll need to get a medical statement, usually from a GP)

if you or anyone in your home has ever applied to foster, adopt, or become a childminder

about who else is living with you, including other children

about children in the family who do not live with you

for the names and addresses of at least 2 people who can give references for you and every adult who lives with you (they do not have to be the same 2 people for everyone)

They can ask for more information or run other checks.

Stage 2 - detailed information about you and your family

A social worker will ask more questions so that they can get to know you and your family. They will ask:

about your personality

if you have religious beliefs

for your ethnicity, cultural background and what languages you speak

if you’re willing and able to care for a child of a different religion, ethnicity or cultural background

for your employment history and about your standard of living

about your hobbies and interests

if you have ever cared for children

if you have any useful skills relevant to fostering

Where you’ll be assessed

Different fostering services assess you in different ways, for example they could:

visit you at home

call you

invite you to meetings

After you've applied

The fostering service will contact you to tell you the result of your application.

If you’re approved you’ll start training and meet your social workers.

If you’re not approved you can appeal the decision. The fostering service should also tell you the reasons why you were not approved.

Once you’re approved

The fostering service will add you to their list of available foster parents.

They’ll send you a profile of any child they think is a good fit. Once you’ve let the fostering service know if you’d like to foster the child, they’ll tell if you’ve been chosen.

In some cases you’ll get to meet the child before they come to live with you. You might not if it’s an emergency placement.

You’ll get training and support throughout the time you’re fostering.

You have the right to end a placement by giving 28 days’ notice.


Child Trust Fund

Overview

A Child Trust Fund (CTF) is a long-term tax-free savings account for children.

You cannot apply for a new Child Trust Fund because the scheme is now closed. You can apply for a Junior ISA instead.

This guide is also available in Welsh (Cymraeg).

If you already have a Child Trust Fund

You can continue to add up to £9,000 a year to your CTF account. The money belongs to the child and they can only take it out when they’re 18. They can take control of the account when they’re 16.

There’s no tax to pay on the CTF income or any profit it makes. It will not affect any benefits or tax credits you receive.

Managing the account

If you’re the main contact for the Child Trust Fund (CTF) account you’re called the ‘registered contact’. You have certain responsibilities until the child turns 18, or until the child takes control of their own account.

Your responsibilities as the registered contact

You’re the only person who can:

tell the account provider how to invest the fund and run the account

change the address and other personal details

change the type of account, for example from cash to stocks and shares

move the account to another provider

Contact your CTF provider to do this.

Moving to a different account

You can transfer a CTF account to a Junior ISA. Contact a Junior ISA provider to do this.

Records you need to keep

Keep the following paperwork:

your child’s Unique Reference Number (you’ll find this on your annual CTF statement)

the account statements

details of the account type and the provider

Change a registered contact

You can change the registered contact to someone with parental responsibility for the child, like a parent, step-parent or legal guardian if both parties agree to this.

Your CTF provider can tell you how to change the registered contact of a CTF account.

When your child is 16 or 18

Once your child turns 16, they can either:

take over the account by contacting the CTF provider

leave you in charge of the account

When the child turns 18, they take over the account and can take out the money.

If your child lacks the mental capacity to manage their account when it matures

You, or a close friend or relative, need to apply to the Court of Protection (COP) for a financial deputyship order so you can manage your child’s account when they turn 18. Once the account matures, the money can either be taken out or transferred into an ISA.

In Scotland, applications need to be made to the Office of the Public Guardian in Scotland.

In Northern Ireland, applications need to be made to the Office of Care and Protection.

Add money to the account

Anyone can pay money into a Child Trust Fund (CTF) account.

How much you can add

You can put up to £9,000 a year into the account - the year starts on the child’s birthday and ends the day before their next birthday.

If you do not use the £9,000 limit, you cannot carry any unused amount over to the following year.

How to pay money in

For stakeholder accounts you can add money by:

cheque

standing order

direct debit

For savings or share accounts, check with your provider.

Government payments

Payments made by the government do not count towards the £9,000, apart from
payments made by a local council to a child in care.

Find a Child Trust Fund

You can find out where a Child Trust Fund (CTF) is held if you do not know the provider.

Fill in the form online to ask HM Revenue and Customs (HMRC) where the account was originally opened.

You’ll need a Government Gateway user ID and password. If you do not have a user ID, you can create one when you fill in the online form.

If you’re a parent looking for your child’s trust fund, you’ll need either:

the child’s Unique Reference Number (you’ll find this on your annual CTF statement)

their National Insurance number

If you’re looking for your own trust fund, you’ll need your National Insurance number.

HMRC will send you details of the CTF provider by post within 3 weeks of receiving your request.

HMRC will contact you for more information if you’ve adopted the child or a court has given you parental responsibility for them.

Applying by post

You can also contact HMRC by post to find out where a CTF is held.

If you’re a parent looking for your child’s trust fund, you’ll need to include your full name and address and all of the following:

child’s full name and address

child’s date of birth

child’s National Insurance number or Unique Reference Number if known

If you’re looking for your own trust fund, you’ll need to include all of the following:

your full name and address

your date of birth

your National Insurance number or Unique Reference Number if known

Accounts for children in care

Some children looked after by local authorities have a Child Trust Fund (CTF) account set up on their behalf. The Share Foundation acts as the registered contact for these accounts.

How the account is managed

The Share Foundation manages the CTF account for the child and will:

write to the child when they take control of the account

change the type of CTF account and provider if necessary and write to the child to explain why the change was made

send account statements to the child

They’ll manage the account until:

the child turns 18

the child turns 16 and decides to manage the account themselves

someone takes parental responsibility for the child, for example through adoption

Take over the management of an account

Contact the Share Foundation if you’re taking parental responsibility for a child and want to manage their CTF account.

You’ll need to provide evidence of parental responsibility, for example an adoption certificate.

You’ll get a letter confirming that you can take over responsibility for the account. Show this to the CTF provider who can update the account to say you’re the registered contact.

When a child in care turns 16

The Share Foundation will write to the child about 2 months before their 16th birthday, telling them how to become the registered contact for the account.

If they choose to take control of the account, they can:

start managing it when they turn 16

withdraw money when they turn 18

If your child is terminally ill or dies

If your child is terminally ill you can take money out of their Child Trust Fund (CTF) account. If they die, the money passes to whoever inherits their estate (property and possessions).

If your child is terminally ill

‘Terminally ill’ means they have a disease or illness that’s going to get worse and are not likely to live more than 6 months. Only the registered contact can take money out of the account.

What you need to do

Fill in the terminal illness early access form to let HM Revenue and Customs (HMRC) know that:

your child is terminally ill

you want to take the money out of the account

You’ll need to provide evidence that your child is terminally ill.

If your child dies

The money in the account will be paid to the person who inherits the child’s estate. This is often one of the child’s parents, but if your child was married, it could be their husband or wife.

If you get Child Benefit for a child who has died this can still carry on for a short time.

What you need to do

Tell the CTF account provider. They’ll usually need proof, for example the death certificate.


Child adoption

Overview

To be adopted, a child must:

be under the age of 18 when the adoption application is made

not be (or have never been) married or in a civil partnership

The child’s birth parents

Both birth parents normally have to agree (consent) to the adoption, unless:

they cannot be found

they’re incapable of giving consent, for example due to a mental disability

the child would be put at risk if they were not adopted

Who can adopt a child

You may be able to adopt a child if you’re aged 21 or over (there’s no upper age limit) and either:

single

married

in a civil partnership

an unmarried couple (same sex and opposite sex)

the partner of the child’s parent

There are different rules for private adoptions and adoptions of looked-after children.

Living in the UK

You do not have to be a British citizen to adopt a child, but:

you (or your partner, if you’re a couple) must have a fixed and permanent home in the UK, Channel Islands or the Isle of Man

you (and your partner, if you’re a couple) must have lived in the UK for at least 1 year before you begin the application process

Adoption Support Fund

You may be able to get funding from the Adoption Support Fund. It provides money for therapy for children and families to help improve relationships, confidence and behaviour. Your social worker can apply for you.

If you’re not happy with how the social worker has handled the application, complain to the council. If you’re not happy with the council’s response, contact the Adoption Support Fund team.

Early stages of adoption

To adopt a child you can go through either:

an adoption agency that’s part of your local council

a voluntary adoption agency

The adoption process

Contact an adoption agency - they’ll send you information about the adoption process.

The agency will arrange to meet you - you may also be invited to a meeting with other people wanting to adopt a child.

If you and the agency agree to carry on, the agency will give you an application form.

The adoption approval process normally takes around 6 months. You will then be matched with a child for adoption.

Adoption assessment

Once the agency gets your application it will do the following:

Invite you to a series of preparation classes - these are normally held locally and give advice on the effect adoption may have on you.

Arrange for a social worker to visit you on several occasions to carry out an assessment - this is to check you’re suitable to become an adoptive parent.

Arrange a police check - you will not be allowed to adopt if you, or an adult member of your family, have been convicted of a serious offence, for example against a child.

Ask you to provide the names of 3 referees who will give you a personal reference. One of your referees can be a relative.

Arrange for you to have a full medical examination.

Your assessment

The social worker will send the assessment report to an independent adoption panel. This is a group of people who are experienced in adoption.

The panel will make a recommendation to the adoption agency based on your assessment.

You can go along to ask questions and answer any questions the panel has.

The adoption panel will send their recommendation to the agency, which will then decide whether you’re suitable to adopt a child.

If you can adopt a child

Once your agency decides you can adopt, they’ll begin the process of finding a child. The agency will explain how the process works and how you can be involved.

If you live in Wales your agency can refer you to the National Adoption Service for Wales. This holds details of children across Wales who need adopting.

If an adoption agency says you cannot adopt

If you disagree with an adoption agency’s decision, you can either:

challenge their decision by writing to them

apply to the Independent Review Mechanism, which will look into your case

You can also contact other adoption agencies - but you’ll have to start the process again.

Applying for an adoption court order

To make an adoption legal, you need to apply for an adoption court order. This gives you parental rights and responsibilities for the child.

The child must have lived with you for at least 10 weeks before you apply.

Once the order has been granted:

the adoption becomes permanent

the child has the same rights as if they were your own birth child, for example the right of inheritance

you can buy a copy of the adoption certificate - you will not get this automatically

The order also takes away parental responsibility from:

the child’s birth parent(s)

anyone else who has parental responsibility for the child

How to apply

Most applications for adoption orders are done at a Family Court.

You need to send the court a completed application for an adoption order - Form A58.

Getting an adoption certificate

If your application is successful, the General Register Office will create an adoption certificate. This replaces the original birth certificate, and shows the child’s new name.

If you want a copy of the new certificate you need to buy one - you will not get it automatically.

A ‘full’ copy of the certificate costs £11. You can order one:

online

by post

You need the full version for most legal tasks for your child, for example getting a passport.

Adopting a child you’ve been fostering

You need to be reassessed and approved as adoptive parents if you want to adopt the child you’ve been fostering.

Adopting a stepchild

You need to tell your local council if you want to adopt your spouse’s or partner’s child. You must do this at least 3 months before applying to a court for an adoption order.

The child must also have lived with both of you for at least 6 months.

The adoption assessment

The process to adopt is similar to an assessment through an adoption agency.

The assessment is used to help a court decide if you can adopt the child (rather than being sent to an independent adoption panel).

The court will ask your local council to provide a report on:

your partner

the child

the other birth parent

The report will be prepared by a social worker and will be used to help the court make a decision.

If granted, the adoption court order gives you parental responsibility for the child - along with your spouse or partner.

the child’s other birth parent

An adoption order cancels any other type of court order, such as how and when the child’s birth parent can visit the child.

Adopting a child from overseas

You can adopt a child from overseas if:

they cannot be cared for in a safe environment in their own country

the adoption would be in their best interests

the adopter has been assessed as eligible and suitable to adopt from overseas by an adoption agency in the UK

If you want to adopt a child from overseas, you should contact a UK adoption agency through:

your local council in England and Wales

your local health and social care trust in Northern Ireland

a voluntary adoption agency that deals with overseas adoption

There is a different process for overseas adoption in Scotland.

The adoption process is similar to a UK adoption and will be done by a UK adoption agency that may charge a fee.

If you’re assessed and approved as suitable to adopt a child by a UK adoption agency, they will let you know what you need to do and guide you through these steps.

Your application will be sent to the Department for Education (DfE) or your relevant UK Central Authority to check it meets eligibility criteria.

DfE or your relevant UK Central Authority will issue a Certificate of Eligibility to Adopt and send it with your adoption application to the relevant overseas authority – some countries require adoption applications and supporting documentation is notarised, legalised and translated.

Once matched, you need to visit the child in their own country and confirm in writing that you’ve visited them and want to proceed with the adoption.

You may need to go through adoption court processes in the country you’re adopting from and the UK.

Once the placement has been finalised, you will need to arrange entry clearance for the child to enter the UK.

Fees

The DfE charges a non-refundable fee of £1,975 for processing an application to adopt a child from overseas. The fee is exempt from VAT.

You’ll be contacted by DfE about how to pay the fee once your application has been accepted.

The fee includes case management but does not include legalisation, notarisation or translation costs.

Contact the relevant authority to find out about fees and procedures in Scotland, Wales and Northern Ireland.

Restrictions

The UK has restricted adoption from the following countries:

Cambodia

Guatemala

Nepal

Haiti

Ethiopia

Nigeria

You can read about the reasons for the restrictions for each country.

How to make an exception request

If you want to adopt a child from a restricted country, you will need to set out the reasons in writing why your case is exceptional (for example, adopting a family member) and provide supporting evidence. Find out how to make an exception request to adopt a child from a country on the restricted list.

You’ll need to follow a different process for dealing with restricted countries in Scotland. Contact the Scottish Government for enquiries about restrictions in Scotland.

If you live abroad

You must follow the adoption laws of the country you’re in if you’re normally resident in that country and want to adopt.

You must follow UK adoption law if you’re normally resident in the UK, the Isle of Man or the Channel Islands. This is sometimes called ‘habitual residence’ and can apply even if you’re living abroad at the time of the adoption. If you’re unsure of your residence status, you should get your own independent legal advice before proceeding with an adoption.

You may have to give a sworn statement in front of a solicitor that you’re no longer habitually resident in the UK, the Isle of Man or the Channel Islands if the country asks for a ‘no objection’ letter from the UK government. You must send this statement, along with a copy of your passport, either to the Intercountry Adoption Team at the DfE or the nearest British embassy.

If you’ve adopted a child – either in the UK or overseas - and then travel or move to a third country, the adoption may not be recognised in that country. If you have any doubts you should get independent legal advice.

Registering an adoption

You can apply to register an overseas adoption in the Adopted Child Register for England and Wales if:

the adoption took place in certain overseas countries

the parent or parents were habitually resident in England and Wales at the time of the adoption

the parent or parents can provide all the supporting documents

You should read the guidance notes before filling in the form to register with the General Register Office (GRO).

Birth parents: your rights

For another couple (or person) to adopt your child, you normally have to agree to it.

Once your child is adopted, you no longer have parental responsibility for them.

Depending on the child’s situation, you may be able to stay in contact with them. This is often done using letters and photographs (and sometimes meetings) through the agency responsible for arranging the adoption.

Fathers’ rights

As the child’s father you’ll be asked to agree to the adoption - but only if you have parental responsibility.

If you were never married to the child’s mother or named on the birth certificate, you can apply to the court for a Parental Responsibility Order to get parental responsibility.

Trying to stop the adoption process

If the adoption process has started, you should get legal advice from a solicitor or Citizens Advice.

To make an adoption legal, a court has to grant a court order.

The agency arranging the adoption must let you know what your rights are - and also at what point the adoption cannot be stopped.

If you do not want your child to be adopted, a court will give you the chance to say why. A social worker, independent of the adoption agency, will visit you and:

record the reasons you do not want your child adopted

let the court know these reasons - you can go to court to explain them

An adoption order cannot be made unless the court thinks it’s in your child’s best interests.

Adoption without your consent

A court can decide the adoption can go ahead without your consent if:

it thinks the child would be put at risk if they were not adopted - it will send you the evidence they have been given, for example from social services

you’re incapable of giving consent, for example due to a mental disability


Child employment

Minimum ages children can work

Part-time work

The youngest age a child can work part-time is 13, except children involved in areas like:

television

theatre

modelling

Children working in these areas will need a performance licence.

Full-time work

Children can only start full-time work once they’ve reached the minimum school leaving age - they can then work up to a maximum of 40 hours a week.

Once someone reaches 16, you may need to pay them through PAYE.

Once someone reaches 18, adult employment rights and rules then apply.

In England, a young person must be in part-time education or training until they’re 18.

Paying children and young people

Children under 16

School-aged children are not entitled to the National Minimum Wage.

Children under 16 do not pay National Insurance, so you only need to include them on your payroll if their total income is over their Personal Allowance.

Once someone reaches 16

Young workers aged 16 to 17 are entitled to at least £4.62 per hour.

If you’re a registered employer, you’ll need to record and report their pay as part of running payroll. If they earn more than £120 a week, you’ll also need to do other regular PAYE tasks like making deductions.

Before their next payday, collect information from them for PAYE. If they started work for you in the previous tax year, put their start date as 5 April in your payroll software. Record their pay for the current tax year only.

If you pay any employee over £120 a week you must be registered as an employer and operate PAYE.

Performance licences and supervision for children

A child may need a licence if they’re under school leaving age and taking part in:

films, plays, concerts or other public performances that the audience pays to see, or that take place on licensed premises

any sporting events or modelling assignments where the child is paid

The person in charge of running the event must apply to the child’s local council for a child performance licence. Ask the council if you’re not sure you need one.

Supervision for the child

If the child will not be with their parent, school teacher or home tutor, they must be supervised by a chaperone approved by the council. Chaperones can apply for approval from the council.

The normal rules for paying children and restrictions on employment apply to children in performances.

Restrictions on child employment

There are several restrictions on when and where children are allowed to work.

Children are not allowed to work:

without an employment permit issued by the education department of the local council, if this is required by local bylaws

in places like a factory or industrial site

during school hours

before 7am or after 7pm

for more than one hour before school (unless local bylaws allow it)

for more than 4 hours without taking a break of at least 1 hour

in any work that may be harmful to their health, well-being or education

without having a 2-week break from any work during the school holidays in each calendar year

There are also special rules which only apply during term times and school holiday times.

Term time rules

During term time children can only work a maximum of 12 hours a week. This includes:

a maximum of 2 hours on school days and Sundays

a maximum of 5 hours on Saturdays for 13 to 14-year-olds, or 8 hours for 15 to 16-year-olds

School holiday rules

During school holidays 13 to 14-year-olds are only allowed to work a maximum of 25 hours a week. This includes:

a maximum of 5 hours on weekdays and Saturdays

a maximum of 2 hours on Sunday

During school holidays 15 to 16-year-olds can only work a maximum of 35 hours a week. This includes:

a maximum of 8 hours on weekdays and Saturdays

a maximum of 2 hours on Sunday

Local rules on the types of work children can do

Local bylaws list the jobs that children cannot do. If a job is on this list, a child under the minimum school leaving age cannot do this work.

Local bylaws may also have other restrictions on working hours, conditions of work and the type of employment.

Contact your local council’s education department or education welfare service for more information.

Local council rules for child employment permits

Most local councils say that businesses intending to employ school-aged children must apply for a child employment permit before they can be employed.

If a child is working without a child employment permit, there’s a risk that the employer will not be insured against accidents involving the child.

Children do not need a work permit for work experience arranged by their school.

Employers should contact their local council’s education department or education welfare service to find out if a child employment permit is needed.


Child maintenance if a parent lives abroad

Overview

You cannot make a new application to the Child Maintenance Service if the child and the parent with the main day-to-day care live abroad.

There are circumstances where the service can help if the paying parent lives abroad.

You can make a child maintenance arrangement yourself - if one or both parents live abroad.

Enforcing a child maintenance decision

You can ask a court for help if the other parent does not pay any child maintenance they owe you. This is known as taking ‘enforcement action’.

You cannot enforce an arrangement you’ve made yourself - you need to make it legally binding first.

You can also ask the court to change an existing child maintenance decision or make a new one.

How you enforce, change or make a decision depends on:

where the other parent lives

where your original decision was made

The UK has a Reciprocal Enforcement of Maintenance Orders (REMO) agreement with a number of other countries. Courts in ‘REMO countries’ can enforce child maintenance decisions made by UK courts.

Child maintenance decisions made in Scotland or Northern Ireland

The process is different if you want to enforce a child maintenance decision that was originally made in Scotland or Northern Ireland.

If the decision was made in Scotland

Contact the Scottish government for advice.

If the decision was made in Northern Ireland

Contact the Northern Ireland Central Authority for advice.

If the other parent lives abroad

How you get a decision recognised or enforced depends on whether the other parent lives in a Reciprocal Enforcement of Maintenance Orders (REMO) country. Check the list of REMO countries.

If the other parent does not live in a REMO country, get legal advice from a solicitor to find out if you can enforce the decision.

If the other parent does live in a REMO country, contact your nearest Maintenance Enforcement Business Centre (MEBC). They’ll send you an application form.

Complete the form and send it back to your MEBC with any supporting documents. Your documents will be translated if needed. You do not have to pay for this.

Tell the MEBC if you do not want the other parent to see certain information about you, such as your address.

Maintenance Enforcement Business Centres

Greater London

England

Wales

What happens next

The MEBC will send your completed form and any supporting documents to the REMO Unit.

The REMO Unit will send your documents to the body responsible for REMO in the relevant country within a month of receiving them. Your documents will then be sent on to the court in that country.

The process may change from 1 January 2021. The Maintenance Enforcement Business Centre or REMO Unit might tell you to fill in another form so your application can continue after that date. You’ll be told if you need to do this.

It can take several months for the court to decide if your maintenance decision should be enforced.

If you live abroad

You can still enforce a child maintenance decision if the other parent lives in the UK but you live in another country.

Check if you live in a country which can enforce a child maintenance decision made in the UK. This is called a Reciprocal Enforcement of Maintenance Orders (REMO) country.

If you live in a REMO country, ask the court where you live to enforce the decision.

If you do not live in a REMO country, you might still be able to enforce a decision. Get legal advice from a solicitor in the country where you live or in the UK.

If the other parent works abroad for a British organisation

You might be able to make a new child maintenance claim instead of enforcing an existing one if the other parent is working abroad for certain British organisations, for example:

as a civil servant

for Her Majesty’s Diplomatic Service

as a member of the Armed Forces

for a company based and registered in the UK

for the NHS

for a local authority

How to claim

Contact Child Maintenance Options to make a new arrangement.

They’ll talk through the process with you and explain how to apply to the Child Maintenance Service.

There are different contact details if you live in Northern Ireland.

You must pay:

£20 to apply - you do not have to pay this if you’re under 19, a victim of domestic violence or in Northern Ireland

additional fees for paying and collecting child maintenance if you use the Collect and Pay service

If you’ve already made a claim, contact the service that deals with your case for advice.


Help and support for foster parents

Training and development

You need to complete the training, support, and development standards workbook within 12 months of being approved to foster.

Contact your fostering service to find out what other training and development is available. They should help you:

with a personal development plan

take part in learning and development sessions

The Foster Carers’ Charter explains your rights as a foster parent.

You do not have a statutory right to time off work to care for foster children.

If you’re fostering for adoption you’ll be entitled to adoption pay and leave from when the child comes to live with you.

If you’re considering fostering, find out about becoming a foster parent.

Help with the cost of fostering

All foster parents get a foster care allowance to help cover the cost of caring for a child. You might get additional payments, depending on:

if the child has specific needs

how many children you’re fostering

your skills and experience

your fostering service

Contact your fostering service to find out how much you get.

Minimum weekly allowance

The minimum allowance you’ll get depends on where you live and the age of the child you care for.

| Age 0 to 2 | Age 3 to 4 | Age 5 to 10 | Age 11 to 15 | Age 16 to 17

London | £155 | £158 | £177 | £201 | £235

South East | £149 | £153 | £169 | £193 | £226

Rest of England | £134 | £138 | £152 | £173 | £202

These figures are for the tax year from 6 April 2021 to 5 April 2022. They’re updated every April.

Allowance rates when the child is 18

Children stop being in care when they reach 18, even if they’re still living with you. There is no minimum allowance when your child is old enough to leave foster care.

Contact your fostering service for more information.

Expenses

You may be able to apply to your fostering service for extra money to help with things like:

school trips

holidays

birthdays

religious festivals

Tax arrangements

You should have registered as self-employed when you started to foster. You’ll need to file tax returns. Check with your fostering service what you need to do.

In your tax return, you’ll be able to claim:

a tax exemption of up to £10,000 per household

tax relief for every week you foster a child

This is known as qualifying care relief.

You may be entitled to National Insurance credits, which count towards your State Pension.

Tax exemption

In a tax year, households do not pay tax on the first £10,000 they earn from fostering. You’ll still pay tax on money you earn from a job or investment.

Tax relief

On top of the £10,000 exemption, you also get tax relief for every week (or part week) that a child is in your care. This means you do not have to pay tax on some of your earnings over £10,000.

Age of child | Tax relief

Under 11 | £200 per child

11 or over | £250 per child

Claiming benefits

Being a foster parent can affect your benefits. Check a benefits calculator to see what you’re eligible for.

If you’re claiming benefits you need to tell the organisation that pays you that you’re also getting a foster care allowance.

You can get disability benefits for your foster child if they meet the criteria. You may also be able to claim Carer’s Allowance if your foster child gets Disability Living Allowance or Personal Independence Payment.

For more help on how your benefits may change you can speak to an adviser from:

the organisation that pays you

Fosterline - a free fostering advice service

Making decisions for your foster child

Your foster child’s placement plan should tell you what decisions you can make, known as delegated authority.

There are 3 different levels to delegated authority:

day-to-day decisions like dental check ups, hair cuts, school trips, parent-teacher meetings and letting your child go to sleepovers

long-term decisions like which school a child goes to

significant decisions made by the local authority and birth parents, like surgery

If your child’s placement plan does not tell you what level of delegated authority you have you should contact your fostering service to find out.

You may not have the same level of authority for each child you foster. For example, you might foster 2 children and have the right to sign a consent form for one of them.

Going on holiday

If you do not have the authority to take your foster child on holiday you’ll need to speak to their social worker.

You’ll also need to:

tell your child’s social worker when you’ll be going and when you’ll be back

get a letter of consent from your child’s social worker for passport control (if you’re going abroad)

Medical treatment for your foster child

You may not have the right to give consent to medical treatment. Check your child placement plan to find out if you have the authority to let your foster child have:

medication

a medical examination

local or general anaesthetic

surgery

Getting support

You should get support from your fostering service, your local council and social workers. You can also get support and advice from Fosterline.

Your local council must provide your foster child with a personal adviser from age 16 or 17 to age 25. They will help your foster child move to independent living or support them to stay with you (this is called a ‘staying put’ arrangement).

Extra support is available when your foster child reaches age 16, 18 and 21.

Support from your fostering service

Your foster child gets a placement plan. This tells you about the child and their needs. The fostering service should invite you to meetings on your foster child’s progress and placement plan.

Your family should get:

access to an out of hours advice and support service

access to support groups

practical, financial and emotional support

training and a personal development plan, which is reviewed every year

an opportunity to take a break from fostering if you need it

Dealing with allegations

If an allegation is made against you or anyone in your home, your local authority must:

investigate it

support you through it

update you on progress

help resolve any disagreements

They may remove your foster child from your home or ask the person the allegation is about to leave. They will also look at the safety of any other children in your home.

Support from social workers

You’ll have contact with 2 social workers:

your foster child’s social worker - they make sure you meet the child’s needs

a supervising social worker to help and support you as a foster parent

Your supervising social worker is there to support you as a foster parent. Contact them if you need:

emotional support

to talk about any concerns or worries you have about your foster child

help to develop your skills as a foster parent

Your social workers must make sure you understand their policies on fostering, including:

how to manage your foster child’s behaviour

financial support for foster parents

complaints

They must review your approval to foster at least once a year to make sure you’re still suitable.

Social workers may decide to have some meetings without you if they think it’s best for the foster child.

Social worker visits

Your child’s social worker must visit you and your foster child:

in the first week the child comes to live with you

once every 6 weeks in the first year

every 3 to 6 months after the child has lived with you for a year

They must also visit you once a year without telling you they’re coming.

You or your foster child can ask for more visits from the social worker.

Ending a placement

You must give 28 days’ notice to your social worker if you no longer wish to be the child’s foster parent.

Support from Fosterline

Call Fosterline for free to get advice on fostering.

They can provide help and advice about fostering, including information about:

finances

training

dealing with allegations


If your child is taken into care

Overview

If your child is taken into care because of a care order, your council will share responsibility for making most of the important decisions about your child’s upbringing, including:

who looks after them

where they live

how they are educated

If you agree to your child becoming ‘looked after’ and there is no care order, you’ll continue to have parental responsibility for your child.

In either case, the council is responsible for:

making sure that an appropriate standard of care is provided

making sure only suitable people are employed to look after your child

providing proper training and support to staff and foster carers

listening to your child’s views and your views about care arrangements and taking their religion, race, culture and background into account

making sure your child has someone independent to talk to and knows how to complain if necessary

The child may be placed with either:

another relative

a foster carer

a children’s home

Care orders

A care order is given by a court. It allows a council to take a child into care. Under the Children Act 1989 a council can apply for a care order if it believes a child is suffering or at risk of suffering significant harm.

The court decides if the child can be taken into care.

Care orders last until:

the child’s 18th birthday

an order is made giving parental responsibility to another person - for example, through adoption or special guardianship

the court lifts the order (this is called ‘discharging’ the order)

A child can only be taken into care if they are under 18.

Making a complaint

If your child is in care and you’re unhappy about their treatment, you can make a complaint. Talk to your child’s carer or social worker first and if you’re not happy, you can complain to your council.

Support for parents

The Family Rights Group Advice Service helpline provides confidential support for parents:

Care proceedings

The council can start ‘care proceedings’ if they’re very worried about a child.

They can apply for a ‘care order’ which means the council will have parental responsibility for your child and can determine where your child can live.

They can apply for a ‘placement order’ as well if they believe that the child should be adopted. This allows the council to place the child with suitable adopters.

Interim care orders

At the start of care proceedings, the council asks the family court to make a temporary court order, called an ‘interim care order’.

If the court agrees, the council can take the child into care on a temporary basis. This can be for up to 8 weeks at first.

Looking at the case

It can take up to 26 weeks for a court to decide what should happen to the child. Some complex cases can take longer.

During this time a social worker, an officer from the Children and Family Court Advisory and Support Service (Cafcass) and other people will be trying to understand the reasons why the child may be at risk. They will also look at what can be done to keep them safe.

They will talk to the parents and the child. They may talk to other family members or friends about looking after the child if they cannot safely live at home. The parents might also get support.

Reports

The social worker and Cafcass officer will each write a report for the court. These will outline what they think should happen to the child.

They will include whether they think the child should be taken into care or stay with the family.

Going to court

Once all the information has been gathered, there will be a court hearing. The judge will look at the reports, and listen to everyone involved in the case, including:

the child

the parents

solicitors representing parents and children

the council social worker

the Children and Family Court Advisory and Support Service (Cafcass) officer

The child will go back home if the judge decides that they’re safe. If not, the council will find them a new home. That may be with:

other members of their family

friends

a new family

a children’s home

a foster carer

What Cafcass does

In care proceedings, a Children’s Guardian from Cafcass represents the rights and interests of the child. They spend time getting to know the child and their family before the hearing.

The Children’s Guardian:

appoints a solicitor for the child

advises the court about what needs to be done before it can make a decision

tells the court what they think would be best for the child – including the child’s wishes and feelings

The Children’s Guardian will usually spend time with the child and their family. They’ll tell the court if they have not seen the child before they write their report. They may also talk to other people who know the family, like teachers, social workers and health visitors.

They may:

go to meetings about the child

check records and read the council’s case file

recommend to the court that other independent professionals help the court with advice - for example, a doctor or psychologist

Cafcass workers are independent – they do not work for the council or the court.

You can find out more about what happens in care proceedings and about what Cafcass does on the Cafcass website.

Educating children in care

The council will be responsible for your child’s education if they’re taken into care.  They must have someone called a ‘virtual school head’ to make sure social workers and others give proper attention to your child’s education while in care.

There will also be a ‘designated teacher’, who is responsible for all of the children in care at your child’s school.

Your child will have an overall care plan, which will include education.

Most of the decisions about the child’s welfare will be taken by their social worker and foster carer (or residential care worker). You might also be involved, depending on the circumstances.

The social worker is responsible for making sure your child can achieve their potential, including:

working with your child’s school to draw up a personal education plan

making sure they are well supported at school

making sure they go to school every day

choosing and applying for a school place when required

making sure that there are good links between social services and the child’s designated teacher

being involved in any assessment for special educational needs

making sure that foster carers attend parents’ evenings and any other school events which parents would attend


Junior Individual Savings Accounts (ISA)

Overview

Junior Individual Savings Accounts (ISAs) are long-term, tax-free savings accounts for children.

In the 2021 to 2022 tax year, the savings limit for Junior ISAs is £9,000

Who can get a Junior ISA

Your child must be both:

under 18

living in the UK

If your child lives outside the UK

Your child can only get a Junior ISA if both the following apply:

you’re a Crown servant (in the UK’s armed forces, diplomatic service or overseas civil service, for example)

they depend on you for care

You cannot have a Junior ISA as well as a Child Trust Fund. If you want to open a Junior ISA ask the provider to transfer the trust fund into it.

How Junior ISAs work

There are 2 types of Junior ISA:

a cash Junior ISA, for example you will not pay tax on interest on the cash you save

a stocks and shares Junior ISA, for example your cash is invested and you will not pay tax on any capital growth or dividends you receive

Your child can have one or both types of Junior ISA.

Parents or guardians with parental responsibility can open a Junior ISA and manage the account, but the money belongs to the child.

The child can take control of the account when they’re 16, but cannot withdraw the money until they turn 18.

Open an account

Only parents or a guardian with parental responsibility can open a Junior ISA for under 16s.

To open a Junior ISA you need to:

choose the type of Junior ISA you want for your child - cash or stocks and shares (or both)

choose your account provider

get an application form from them

Your child can only have:

1 cash Junior ISA

1 stocks and shares Junior ISA

Children aged 16 and 17 can open their own Junior ISA as well as an adult cash ISA.

Account providers

You can get a Junior ISA from a range of banks, building societies, credit unions, friendly societies and stock brokers.

Contact any of these directly for more information about how you can open a Junior ISA with them.

Add money to an account

Anyone can pay money into a Junior ISA, but the total amount paid in cannot go over £9,000 in the 2021 to 2022 tax year.

You can transfer money between:

your child’s Junior ISAs

a Child Trust Fund (CTF) account and a Junior ISA - contact the Junior ISA provider to arrange this

You cannot transfer money between a Junior ISA and an adult ISA.

If your child moves abroad, you can still add cash to their Junior ISA.

Who the money belongs to

Money in a Junior ISA belongs to your child and cannot be taken out until they’re 18, though there are exceptions to this.

Manage an account

Your child’s Junior ISA will be in their name, but the parent who opens it is responsible for managing the account and is known as the ‘registered contact’.

The registered contact is the only person who can:

change the account, for example from a cash to a stocks and shares Junior ISA

change the account provider

report changes of circumstances, for example change of address

Contact your account provider to do this.

Children older than 16

If your child is 16 or older they can:

become the registered contact for their Junior ISAs

open an adult cash ISA

When your child turns 18 they can take out any money in their Junior ISAs.

Junior ISAs automatically turn into an adult ISA when the child turns 18.

If your child lacks the mental capacity to manage their account when they turn 18

You, or a close friend or relative, need to apply to the Court of Protection (COP) for a financial deputyship order. This will allow you to manage your child’s adult ISA account or take out money on their behalf once they turn 18.

In Scotland, applications need to be made to the Office of the Public Guardian in Scotland.

In Northern Ireland, applications need to be made to the Office of Care and Protection.

If your child is terminally ill or dies

The registered contact can take money out of a Junior ISA early if a child’s terminally ill.

‘Terminally ill’ means that the child has a disease or illness that is going to get worse and is not expected to live more than 6 months.

How to take money out

Fill in the terminal illness early access form to let HM Revenue & Customs (HMRC) know that:

your child is terminally ill

you want to take money out of their Junior ISA

HMRC will let you know if you can take money out of your child’s Junior ISA.

If your child dies

If your child dies, any money in their Junior ISAs will be paid to whoever inherits their estate.

This is usually one of the child’s parents, but it could be their spouse or partner if they were over 16 and married or in a civil partnership.

What you need to do

You do not need to contact HMRC but you’ll need to tell your account provider so they can close your child’s Junior ISAs.

Your account provider may need proof to do this, for example a copy of the death certificate.


Parental rights and responsibilities

What is parental responsibility?

All mothers and most fathers have legal rights and responsibilities as a parent - known as ‘parental responsibility’.

If you have parental responsibility, your most important roles are to:

provide a home for the child

protect and maintain the child

You’re also responsible for:

disciplining the child

choosing and providing for the child’s education

agreeing to the child’s medical treatment

naming the child and agreeing to any change of name

looking after the child’s property

Parents have to ensure that their child is supported financially, whether they have parental responsibility or not.

Parental responsibility for separated parents

If you have parental responsibility for a child but you do not live with them, it does not mean you have a right to spend time with your children. However, the other parent must include you when making important decisions about their lives.

You do not always need to get the consent of the other parent for routine decisions, even if they also have parental responsibility.

If it’s a major decision (for example, one of you wants to move abroad with your children) both parents with responsibility must agree in writing.

You can apply for a Specific Issue Order or Prohibited Steps Order if you cannot agree. A judge will then make a decision which is in your children’s best interests.

You must make sure your children are financially supported, whether you have parental responsibility or not.

You can get help to arrange contact with your children.

Who has parental responsibility

A mother automatically has parental responsibility for her child from birth.

A father usually has parental responsibility if he’s either:

married to the child’s mother

listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in)

You can apply for parental responsibility if you do not automatically have it.

Births registered in England and Wales

If the parents of a child are married when the child is born, or if they’ve jointly adopted a child, both have parental responsibility.

They both keep parental responsibility if they later divorce.

Unmarried parents

An unmarried father can get parental responsibility for his child in 1 of 3 ways:

jointly registering the birth of the child with the mother (from 1 December 2003)

getting a parental responsibility agreement with the mother

getting a parental responsibility order from a court

Births registered in Scotland

A father has parental responsibility if he’s married to the mother when the child is conceived, or marries her at any point afterwards.

An unmarried father has parental responsibility if he’s named on the child’s birth certificate (from 4 May 2006).

Births registered in Northern Ireland

A father has parental responsibility if he’s married to the mother at the time of the child’s birth.

If a father marries the mother after the child’s birth, he has parental responsibility if he lives in Northern Ireland at the time of the marriage.

An unmarried father has parental responsibility if he’s named, or becomes named, on the child’s birth certificate (from 15 April 2002).

Births registered outside the UK

If a child is born overseas and comes to live in the UK, parental responsibility depends on the UK country they’re now living in.

Same-sex parents

Civil partners

Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, eg donor insemination or fertility treatment.

Non-civil partners

For same-sex partners who are not civil partners, the 2nd parent can get parental responsibility by either:

applying for parental responsibility if a parental agreement was made

becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth

Apply for parental responsibility

If you’re not the mother, you can apply to court to get parental responsibility.

You need to be connected to the child, for example as their father, step-parent or 2nd female parent.

More than 2 people can have parental responsibility for the same child.

Scotland has its own set of rules, covered under ‘ordinary cause procedures’.

Sign a parental responsibility agreement

If you’re a father who wants parental responsibility and the mother agrees, fill in a parental responsibility agreement.

There’s a different agreement form for step parents.

Take the agreement to your local family court where it can be signed and witnessed.

Also take the child’s birth certificate and proof of your identity, like a passport or driving licence.

Send 2 copies of the form to the address below:

Apply for a court order

If you want parental responsibility but cannot agree on arrangements with the mother, you can apply for a court order.

A court order costs £215.

You may be able to get help with court fees if you’re on benefits or a low income.

To apply, fill in the application for an order (C1).

Send this to your local family court.

If you and your partner use a surrogate to have a child, you’ll need to apply for a parental order.


Surrogacy: legal rights of parents and surrogates

Overview

Surrogacy is legal in the UK, but if you make a surrogacy agreement it cannot be enforced by the law.

The legal parents at birth

If you use a surrogate, they will be the child’s legal parent at birth.

If the surrogate is married or in a civil partnership, their spouse or civil partner will be the child’s second parent at birth, unless they did not give their permission.

Legal parenthood can be transferred by parental order or adoption after the child is born.

If there is disagreement about who the child’s legal parents should be, the courts will make a decision based on the best interests of the child.

Surrogacy agreements

The intended parents and surrogate can record how they want the arrangement to work in a surrogacy agreement.

Surrogacy agreements are not enforceable by UK law, even if you have a signed document with your surrogate and have paid their expenses.

You cannot pay a surrogate in the UK, except for their reasonable expenses.

Donor’s rights

If you use donated sperm or eggs with your surrogate, read about the rights of your donor.

Read more about surrogacy and the legal process.

Become the child’s legal parent

You must apply for a parental order or adoption if you want to become the legal parent of the child.

Parental orders

You can apply for a parental order with a partner or on your own.

Apply with a partner

One of you must be genetically related to the child - in other words, be the egg or sperm donor.

You must be one of the following:

married

civil partners

living as partners

You must also:

have the child living with you

reside permanently in either the UK, Channel Islands or Isle of Man

You must apply within 6 months of the child’s birth.

Apply as an individual

You must be genetically related to the child - in other words, be the egg or sperm donor.

You must also:

have the child living with you

You can apply for a child of any age if you apply before 4 July 2019. From 4 July 2019 you must apply within 6 months of the child’s birth.

How to apply in England or Wales

You must fill in a ‘C51 application form for a parental order’ and take or send it to a family court.

You do not have to use your local family court, but you’ll need to explain why if you do not.

You’ll need to provide the child’s full birth certificate and will also be charged a court fee of £215.

The court will then set a date for the hearing and issue you with a ‘C52 acknowledgement form’ that you must give to the child’s legal parent, in other words, your surrogate.

The surrogate and anyone else who’s a parent of the child must agree to the parental order by filling in form A101A.

How to apply in Scotland or Northern Ireland

The process is different if you live in Scotland or Northern Ireland.

In Scotland, contact the Court of Session or Sheriff Court.

In Northern Ireland, contact the Courts and Tribunals Service.

Adoption

If neither you or your partner are related to the child, adoption is the only way you can become the child’s legal parent.

Children born outside the UK

If your surrogate gives birth abroad, you can only apply for a parental order if you and your partner are living in the UK.

If the child is not a UK or EU national, they will need a visa to enter the UK during this process.

Using a surrogate abroad can be complicated because different countries have different rules. You may want to get legal advice or contact The Human Fertilisation and Embryology Authority for more information.

You can also read about returning to the UK with your child.

Pay and leave

You and your partner may be eligible for adoption pay and leave and paternity pay and leave if you use a surrogate.

If you’re not eligible for paid leave, you may be able to take parental leave or annual leave.

Surrogates

Every pregnant employee has the right to 52 weeks’ maternity leave and to return to their job after this.

What a surrogate does after the child is born does not affect their right to maternity leave.


Apply for a one-off decision from the Court of Protection

Overview

Apply to the Court of Protection if both of the following apply:

you’re concerned about the personal welfare or property and financial affairs of someone who’s lost mental capacity

you want to get a one-off decision, for example to stop someone visiting a person who’s lost mental capacity in a nursing home

You can only apply to the court if there’s a major disagreement about a serious decision which cannot be agreed any other way. There are general rules and examples in the Mental Capacity Act 2005 Code of Practice.

Check if someone has an attorney or deputy acting for them before you apply.

If there’s an immediate risk to the person

Apply for an emergency or urgent court order if you think there’s an immediate risk to the person, for example they need emergency medical treatment they cannot consent to.

If the person needs long-term help

You may have to apply to become a deputy if the person needs long-term help with decisions about personal welfare or property and financial affairs.

How to apply

Download and fill in:

an application form (COP1) - send the original and 2 copies

an assessment of capacity form (COP3) - get the person’s doctor or other medical professional to fill in the relevant parts, and send the original and a copy

You may also need to download and fill in:

supporting information for property and financial affairs decisions (COP1A) - include any other relevant details by sending a completed witness form (COP24) with your application

supporting information for personal welfare applications (COP1B) - send the original and a copy

You must pay £365 to apply. You can apply for help paying the fee if you’re getting certain benefits or on a low income.

Send a cheque made payable to ‘HM Courts and Tribunals Service’ with your completed forms.

Read the application form guidance notes (COP1) if you need help.

What happens next

You must tell:

people connected to the application

Tell them after you apply.

Tell other people you've applied

The Court of Protection will send you a copy of your application forms - they’ll be stamped with an issue date.

You’ll also get a letter from the court telling you what to do next.

You must tell (‘serve’) certain people about the application within 14 days of the issue date.

Tell the person you’re applying to get a one-off decision for

You or your representative must visit the person and tell them:

who’s applying to get a one-off decision about their personal welfare or property and financial affairs

that their ability to make decisions is being questioned

what the one-off decision would mean for them

where to get advice if they want to discuss the application

You must give the person:

a completed form COP 14 - use the guidance notes to fill it in yourself

an acknowledgment form (COP5), so they can confirm they’ve been told

any other documents related to your application

The person can get advice and assistance from the Court of Protection.

Tell people connected to the application

You must tell people named on your application that it’s been issued.

Send them:

a notice that an application form has been issued (COP15)

an acknowledgment form (COP5) so they can confirm they’ve been told

You can tell them:

by post

by fax or email

in person

Confirm you’ve told people (‘served notice’)

You must confirm you’ve told people within 7 days of sending the forms. Download and fill in both:

form (COP20A) for the person you’re applying to get a one-off decision for

form (COP20B) for other people named in the application

These forms are sometimes called ‘certificates of service’.

You must send both forms to the Court of Protection at the same time.

What happens next

You’ll hear from the Court of Protection after you’ve ‘served notice’ (told other people you’ve applied).

The court will tell you if:

your application’s been approved or rejected

you have to provide more information to support your application, for example a report from social services

it’s going to hold a hearing to make a decision, and when and where it’ll take place

If there’s a hearing

You must attend the hearing. You’ll get a letter with a hearing date (‘notice’) if the court decides to have a hearing.

You must tell the person you’re getting a decision for about the hearing:

within 14 days of getting the notice

at least 14 days before the date of the hearing

Fill in the notice about proceedings (COP14) and give it to the person you’re getting a decision for. Use the guidance notes if you need help.

The person can contact the Court of Protection for advice and assistance - you must explain this to them.

Send a certificate of service (COP20A) to the Court of Protection within 7 days of when you told the person.

You must pay £500 if the court makes a final decision at the hearing.

Get a decision

If there’s a hearing, you’ll get a decision at it or afterwards by post.

You’ll get a decision by post if there is not a hearing.

Challenge a decision

You can apply to the court for the decision to be reconsidered if it was made without a hearing - use form (COP9).

You must apply within 21 days of the date the decision was made.

Appeal a decision

You must ask for permission to appeal if there was a hearing. Download and fill in the appellants’ notice (COP35).

You must pay £230. You can apply for help paying the fee if you’re getting certain benefits or on a low income.


Apply to the Mental Health Tribunal

Overview

You can apply to the First-tier Tribunal (Mental Health) if you’re admitted (‘detained’) as a patient in a psychiatric hospital (‘sectioned’) and want to be discharged.

You can apply on a patient’s behalf if you’re their:

legal representative

‘nearest relative’

The tribunal is independent of government and will listen to both sides of the argument before making a decision.

You can also apply to the tribunal if you want to change:

a community treatment order

the conditions placed on your ‘conditional discharge’ from hospital

The tribunal deals with cases in England. There are different rules in Wales and rules in Scotland.

When to apply

When you apply depends on how you were admitted - ask your doctor or lawyer (if you have one) if you’re unsure.

There are deadlines for the first time you apply - you must apply within:

14 days if you’ve been admitted for assessment (‘section 2’)

6 months if you’ve been admitted for treatment (‘section 3’)

Get legal advice if you’re a ‘restricted patient’, for example you’ve received an order from the Crown Court or been transferred from prison- the deadlines depend on your situation.

If you miss the deadline

You cannot apply to be discharged if you miss the deadline but you may be able to apply again later, for example after a year if you’ve been admitted for treatment (‘section 3’).

The tribunal will automatically look at your case again after a certain period of time. This is sometimes known as a ‘referral’. The period of time depends on your case, for example:

if it’s been 3 years since the tribunal gave you a hearing

you’ve not had a hearing in the first 6 months of your detention

Help you can get

You can get free legal help if you’re a patient. It does not cost you anything as it’s paid for by legal aid.

Find a legal advisor near you or ask the tribunal to find one for you when you apply.

You can also get advice from:

Carers Direct

the charity Mind

the charity Rethink

Apply to the tribunal

Download and fill in an application to the First-tier Tribunal (Mental Health). You must include:

what you’re applying for, for example discharge if you’ve been admitted for assessment or treatment

the patient’s first name, surname and date of birth

full details of the care coordinator and hospital

the date of the section or order

contact details for the ‘nearest relative’ (if there is one)

your lawyer’s details (if you have one)

whether you need an interpreter

Send the form

Post or email the form to HM Courts and Tribunals Service. The contact details are on the form.

Contact the tribunal by phone or email if you have any questions about completing the form. The helpline and email address cannot give you legal advice.

After you apply

You’ll be told when the tribunal has received your application. You’ll get information on your rights to legal representation if you did not include a lawyer’s details in your application.

Your ‘nearest relative’ will usually be told the date of the hearing - they can attend unless you object. Nearer the time of the hearing you’ll be given copies of reports so that you can check that the information’s correct and work out any questions you want to ask.

The date of the hearing depends on your situation. You’ll usually get a hearing within:

7 days of applying if you’ve been admitted for assessment

2 months if you’ve been admitted for treatment

4 months if you’ve received an order from the Crown Court or been transferred from prison (known as a ‘restricted patient’)

Evidence from the tribunal doctor

You can ask for a pre-hearing examination with the tribunal doctor if you want one.

If you’ve been admitted for assessment, do this in writing when you send your application to the tribunal.

If you’ve been admitted for treatment or you’re a restricted patient, you must do this at least 2 weeks before the hearing.

Write to:

Because of coronavirus (COVID-19), your pre-hearing examination may take place by video.

The tribunal will also ask the hospital for reports from:

your doctor

the social work and nursing teams responsible for your care

the Secretary of State for Justice if you’re a restricted patient (and your social supervisor if you’re living in the community on conditional discharge)

If you do not want to continue with your application

Write to the tribunal as soon as possible if you do not want to continue with your application. The tribunal will decide whether to accept your withdrawal.

You cannot withdraw your case if it was automatically referred to the tribunal, but you do not have to go to the hearing if you do not want to.

What happens at the hearing

Because of coronavirus (COVID-19), your hearing may take place by phone, by video or in person. The tribunal will contact you and tell you how the hearing will take place.

You do not have to attend the hearing if you do not want to. You can bring a legal representative and a relative to the hearing if you do go - your representative can arrange for witnesses or experts to attend.

Hearings are usually held in private and attended by:

a judicial panel, made up of a judge, a doctor and a specialist lay member (for example a mental health social worker)

the patient

their hospital doctor, ward nurse and social worker

your legal representative, if you have one

The doctor, nurse and social worker will give evidence. You can also give evidence, and ask questions.

The tribunal will also look at:

your pre-hearing examination from the tribunal doctor, if you had one

an independent psychiatric report, if your legal representative asked for one

If you’re a ‘restricted patient’ and have committed a serious offence against a person, they or their family can ask (or make ‘representations’) for certain conditions if the tribunal thinks you’re ready for discharge.

Claim expenses

You may be able to claim expenses for going to the hearing. This includes money for:

travel costs

loss of earnings

food and drink, if you’re away for more than 5 hours

Read the guidance on claiming expenses.

The tribunal's decision

The tribunal usually decides at the end of the hearing on whether you should be discharged - you’ll get the decision on the day, and you’ll usually get full written reasons with 7 days of the hearing.

The tribunal can:

order your release (on the same day or at a future date)

recommend that you’re transferred to a different hospital

recommend that your doctor considers you for treatment in the community

recommend that you’re allowed to leave the hospital for periods of time, to see if you’re ready for life in the community

The tribunal cannot change your treatment, for example medication.

Appeal

If you lose your case, you can ask the tribunal:

to cancel the decision - you must do this within 28 days of getting the written decision

for permission to appeal to a higher tribunal (the ‘Upper Tribunal’)

Ask the tribunal to cancel the decision

You’ll be told how to get a decision ‘set aside’ (cancelled) if you think there’s been a mistake in the process, for example you were not told about the hearing so did not go.

If the tribunal cancels the decision, you may be able to get a new hearing.

Contact Citizens Advice if you need help.

Appeal to the Upper Tribunal

You can ask for permission to appeal to the Upper Tribunal if you think there was a legal mistake, for example if they:

did not apply the correct law or wrongly interpreted the law

did not follow the correct procedures

had no evidence or not enough evidence to support its decision

Fill in the application for permission to appeal - the address is on the form.

Another judge will look to see if there’s a legal problem with your case and if it needs to be heard again.

Complain

You cannot complain about the decision - you can only complain about the tribunal staff and the way the hearing took place.

Legislation

The tribunal will make a decision based on:

Mental Health Act 1983 (as amended by the Mental Health Act 2007)

Mental Health Act 2007

Human Rights Act 1998 if the case is about human rights

The tribunal must follow the Tribunal Procedure (First-Tier Tribunal) (Health, Education And Social Care Chamber) Rules 2008.

Doctors’ statements and reports must be written in line with the practice directions.


Claim a deputyship fee refund

Overview

You might be eligible for a refund if you were overcharged deputyship fees by the Office of the Public Guardian (OPG) for England and Wales.

The refunds are only for deputyship assessments and annual supervisions which took place between 1 April 2008 and 31 March 2015.

This page is also available in Welsh (Cymraeg).

To find out if you’re owed any money and how much you’ll get, you’ll need to make a claim to the OPG.

If you’re a deputy acting under a current court order, you do not need to apply for a refund. Any overcharged fees will be refunded automatically.

The deadline for refund claims is 4 October 2022.

What you’ll get

How much you get will depend on:

how much you paid and at what rate

how long you paid for

whether you have unpaid fees

Most refunds will be less than £200. You’ll also get 0.5% interest.

Who can claim

You can make a claim if you:

had a deputy previously

are acting on behalf of someone who had a deputy and has died

The deputyship must have been active between 1 April 2008 and 31 March 2015.

If you’re still acting as a deputy, you do not need to apply. Any overcharged fees will be refunded automatically.

If you had a deputy previously

If you had a deputy but you now make your own decisions, you can apply for a refund.

You can also ask your property and financial affairs attorney to make a claim on your behalf.

If you’re acting on behalf of someone who has died

If the person who used to have a deputy (the ‘client’) has died, the executor of the will must claim the refund.

If there is no executor, an administrator of the estate can apply.

If there is no estate administrator, a family member can apply.

What you do with the refund

Any refund received should be divided between the beneficiaries of the client’s estate.

If the client’s estate has already been settled, you can get help from Citizens Advice or a solicitor to make sure you comply with the law.

What you'll need to claim

To claim, you’ll need details of the person who had a deputy (the ‘client’). This includes their:

name

date of birth

address when the deputyship ended

date of death (if relevant)

You’ll also need to provide details of the bank account you’d like the refund to be paid in to (if you do not want to be refunded by cheque).

Documents you’ll need to provide

You’ll need to send proof of your:

name

address

right to apply (if you’re not the client)

You can send scanned and photocopied documents.

You can also send original documents. They will be returned to you by post.

You need to send a different piece of evidence for each type of proof.

Proof of your name

This can be:

current signed passport (copy of the page showing your name and photograph)

original birth or adoption certificate

current UK or EEA photocard driver’s licence (not provisional licence)

full old-style driving licence

EEA member state identity card or national identity photo card

benefit book or original notification letter from the benefits agency

Proof of your address

This can be:

utility bill (not a mobile phone bill) from the last 12 months

current council tax bill

bank, building society or credit union statement or passbook dated within the last 3 months

original mortgage statement issued for the last full year

council or housing association or rent card or tenancy agreement for the current year

Proof of your right to apply

Include a copy of:

grant of probate (executors)

letters of administration (administrators)

death certificate (family members)

If you’re a property and financial affairs attorney, you’ll need to provide the lasting power of attorney reference number.

How to claim

You will need to complete a form and send it with your evidence.

Claim by email

Send the form and evidence as email attachments to:

DeputyshipFeeRefunds@justice.gov.uk

You’ll need to attach scanned copies or clear photographs of original documents. The email size limit is 10MB but you can send more than one email.

Write ‘Deputyship fee refund application’ as the email subject.

Claim by post

Post the form and your evidence to:

Claim by phone

If you cannot claim by email or fill in the form yourself, contact the helpline. You’ll still need to send evidence.

After you've claimed

You’ll be told by email or letter:

when your application has been received

if any information is missing

whether your claim is successful

the refund amount and when it’ll be paid

the reasons for any rejection

When you’ll get the refund

It can take up to 10 weeks to get a decision and a further 2 weeks to receive the refund.

If your claim is rejected

You can appeal by contacting the Refunds Helpline.


Claiming and dealing with tax credits for someone else

Overview

You can get permission to deal with someone else’s tax credits. The type of permission you need depends on what you want to do.

You can:

contact HM Revenue and Customs (HMRC) about someone else’s claim - as an authorised intermediary

take responsibility for someone else’s tax credit claim when they cannot manage their own affairs - as an appointee

claim tax credits for both your child and their baby

Authorisation

You must be authorised to talk to HM Revenue and Customs (HMRC) about someone else’s tax credits. If you’re not, every time you call that person must first confirm their identity and say they’re happy for you to act for them.

Get authorised

Send form TC689 to HMRC. This must be signed by the person (or persons if it’s a joint claim) you’re representing.

The authorisation lasts 12 months unless a different end date is put on the form. It usually takes 2 days to get authorised from when your form is received but can take longer if you send a letter instead of form TC689. Usually, you will not get a letter confirming your authorisation.

More than one person can be authorised but each one must send a TC689 form.

Tax credits will not be paid into your account unless you’re the appointee.

If you act for a lot of clients

Write to HMRC to register as an ‘intermediary organisation’ if you work in the voluntary sector and act for many people.

You can get urgent authorisation online if you’re an intermediary organisation and you have a completed TC689.

Use form 64-8 to get authorisation if you’re a paid agent. You can then use the Agent Priority Line to contact HMRC.

Cancel an authorisation

An authorisation can be cancelled by writing to HMRC.

Appointees

You can apply for the right to deal with the tax credits of someone who cannot manage their own affairs, for example because they’re mentally incapable or severely disabled.

This is called becoming an ‘appointee’.

You’re not an appointee if you just help someone complete their claim form.

Applying to become a tax credit appointee

You must be over 18 and have a bank account. You do not have to be a relative.

If you have a tax credit claim form, complete the appointee section explaining why the person cannot complete and sign their form. Then send the form to HM Revenue and Customs (HMRC). They may contact you for more information before deciding whether to make you an appointee or not.

If you do not have a claim form, contact HMRC.

Your responsibilities

You must:

sign the tax credit claim form

renew the tax credits claim

report any changes which affect how much money the person gets

tell HMRC if you’re no longer the appointee

Any tax credits the person gets are paid directly into your bank account. If you make a false or misleading statement you may be charged a penalty.

The claimant is responsible for paying back overpayments. Their tax credits may be reduced or you may be asked to make a direct payment on their behalf.

Stop being an appointee

Write to HMRC within 1 month of when you want to stop being the appointee.

Claim on behalf of your child

Your child is under 16

If your child has a baby, you can make the claim for both of them if they live with you. The money will be paid to you.

Your child is over 16

Your child can make the claim themselves if they’re over 16 and have a baby.

You can make the claim for them if both the following apply:

your child and their baby live with you

your child is in approved education or training

You must stop claiming tax credits for your child if they start claiming tax credits for themselves. Phone HM Revenue and Customs (HMRC) to stop claiming tax credits.