Allegations and Standards of Care: What to Expect and Your Rights

Becoming a foster carer means opening your home and heart—and also working within a regulated system designed to keep children safe. Very occasionally, concerns arise about a carer’s practice. Some are “allegations” (suggesting harm or risk of harm); others are “standards of care” issues (practice not meeting expectations but no specific allegation of harm). Knowing the difference—and the process—helps you protect yourself and the child in your care.

Allegation vs. Standards of Care: What’s the Difference?

An allegation is a concern that a child has been harmed, could be harmed, or that a carer behaved in a way that poses a risk to children. Allegations trigger a statutory safeguarding process overseen by the Local Authority Designated Officer (LADO) for managing concerns about people who work with children (including foster carers).

Standards of Care (SoC)

Standards of care matters are about practice quality—recording quality, punctuality for contact, missing signatures on medication charts, etc. Your fostering service investigates SoC internally under the Fostering Services (England) Regulations 2011 and the National Minimum Standards (NMS). They are still serious, but they are not the same as an allegation of harm.

What Happens in the First 24–48 Hours

Once an allegation is known, your fostering service must notify a senior manager and the LADO—normally within one working day. The LADO advises whether the threshold is met and whether there should be a strategy discussion with police/children’s social care, or whether the matter can be managed as a practice (SoC) issue. You should be told, in writing, the nature of the concern and next steps.

The Strategy Discussion

If the threshold is met, the LADO will coordinate a conversation between agencies (social care, police, health, education, your fostering service). They’ll risk-assess current placements and decide an enquiry plan. This multi-agency framework is set out in Working Together to Safeguard Children (2023) and referenced in the NMS Standard 22 on handling allegations.

Your Rights from Day One

You are entitled to fair, timely, and supportive handling of any allegation. The NMS require investigations to protect the child and support the person who is the subject of the allegation. You have the right to:

Clear Information

A plain-English summary of the concern, what will be investigated, and who will contact you next (some details may be limited to protect evidence or confidentiality).

Support and Representation

Access to independent support (often via schemes like Fosterline/FosterTalk or your service’s independent support offer) and a named supervising social worker throughout. Your fostering service should tell you how to access this support.

A Timely Process

While complex cases can take longer, the expectation in guidance is that allegations are dealt with promptly with LADO oversight and clear reviews of progress. You should be kept informed of timescales and any delays.

Will Children Be Moved? Will You Be “Suspended”?

A safety-first decision may be taken to pause new placements or move a child if risk can’t be safely managed in the short term. This is not the same as a finding—it’s a precaution while facts are established. Whether you receive a retainer or continued fees/allowances during the pause depends on your fostering service’s policy; many publish payment policies that set out retainers for specific situations while investigations are ongoing. Ask for the written policy so you know where you stand.

What You Should Do Practically

Keep your daily logs up to date, avoid discussing the case outside of the investigation (including on social media), and continue to cooperate with visits and requests for information. Your supervising social worker will advise how to handle contact with birth family, school, and professionals during the process.

The Investigation Pathway: Step by Step

Here’s the typical flow when the LADO is involved (England):

1) Initial Notification

Service alerts LADO within one working day; LADO advises next steps.

2) Strategy Discussion / Meeting

Agencies share information, agree an enquiry plan (police/social care/agency), and set immediate safety actions.

3) Enquiries and Assessment

Depending on the issue, this could include child protection enquiries, police interviews, and an agency practice review under NMS. You’ll be interviewed and can provide your records and any evidence.

4) Outcome Decision

When enquiries finish, the LADO records an outcome (see below). Your fostering service will also decide whether any standards of care learning or actions are needed.

5) Post-Investigation Actions

Results can include no further action, practice recommendations, training, supervision changes, or—rarely—fitness to foster decisions that go to panel/Agency Decision Maker (ADM).

Possible Outcomes—and What They Mean

Allegation outcomes used by LADOs are usually one of the nationally-recognised categories:

Substantiated

There is sufficient evidence to prove the allegation.

Unsubstantiated

There is insufficient evidence to prove or disprove the allegation; this is not the same as false and does not imply guilt or innocence.

Unfounded

No evidence or proper basis supports the allegation; it may be a misunderstanding or misinterpretation.

Malicious

Clear evidence shows the allegation was made with intent to deceive.

These definitions are widely used by local safeguarding partnerships and derived from national guidance. Ensure the outcome recorded on your file exactly matches the definitions.

If the Agency Proposes to Change or Terminate Your Approval

If, after an allegation or SoC investigation, your agency proposes to terminate your approval or change its terms (for example, removing your approval for certain ages), you will receive a qualifying determination from the Agency Decision Maker (ADM). You then have two routes:

Make Representations to Your Agency

Submit a written response and attend panel again so your case is reconsidered.

Ask for an Independent Review (IRM)

You can request a review by the Independent Review Mechanism, which convenes a panel independent of your agency to consider your case and make a recommendation. While the ADM makes the final decision, IRM recommendations carry weight and ensure fairness. Check the deadline on your qualifying determination letter—IRM requests are time-limited.

Standards That Protect You (and Children)

Two core documents shape how allegations and standards of care are handled in England:

Working Together to Safeguard Children (2023)

Sets the national framework for multi-agency safeguarding (including LADO roles and “people in positions of trust”).

National Minimum Standards & Fostering Regulations

NMS Standard 22 requires that allegations are investigated fairly, quickly, and consistently, safeguarding children and supporting carers. The Fostering Services (England) Regulations 2011 set the legal basis for approval, review, and record-keeping.

(Note: Wales, Scotland, and Northern Ireland have parallel but separate frameworks. Check your nation’s specific guidance if you foster outside England.)

Records, Confidentiality and Data Protectio

Keep clear, factual daily logs, including dates, times, direct quotes, and who was present. Stick to facts—avoid opinion or speculation. Store documents securely and follow your agency’s policies for photographs, messages, and data sharing. Proper recording is essential if the matter goes to court or panel and is emphasised in NMS and agency policies.

What Not to Do

Do not discuss details publicly or online, do not contact complainants, and do not try to “investigate” yourself. If you need to correct a misunderstanding with a professional (e.g., school), do so through your supervising social worker.

Payments, Allowances and Practicalities During an Investigation

Policies vary. Some services maintain the child’s allowance while a child remains, offer a retainer if a placement pauses, or continue fees for a defined period pending outcome—even if a child is moved as a precaution. Ask your supervising social worker for the written policy (retainer length, when it starts/ends, appeal route) so you aren’t guessing about income during a stressful time.

After the Outcome: Learning and Moving Forward

Whatever the outcome, the process should end with a clear written record, an opportunity to reflect and learn, and a plan for any training or supervision you’d find helpful. If an allegation is unfounded or unsubstantiated, ask your service to record that prominently and to consider any steps to repair professional relationships (for example, clarifying messages to school or health partners). If it’s substantiated, you should be given a fair improvement plan or, if approval changes are proposed, your rights to representation/IRM.

Looking After Yourself

Allegations are emotionally draining. Use your independent support, attend peer groups, and speak to your GP if the stress affects sleep, mood, or health. Good services will check in on your wellbeing through supervision.

Quick Reference: If You’re Told About an Allegation Today

1) Ask for written information (what is alleged, who’s involved, next steps, who your contact is).
2) Contact your supervising social worker and ask how to access independent support.
3) Keep records factual and up to date; gather any documents you may need later.
4) Follow advice about placement safety and contact arrangements—don’t make independent changes.
**5) Request the written payments policy covering retainers/fees during investigation.
**6) If later sent a qualifying determination, note the deadline and consider the IRM route.

Final Thought

Most foster carers never face an allegation; for those who do, the system exists to keep children safe and to treat carers fairly and promptly. Understanding the pathway—LADO oversight, NMS safeguards, clear outcomes, and the right to an independent review—gives you the confidence to navigate a difficult time and return your focus to what matters most: providing safe, stable, loving care.