Can I Foster If I Have a Criminal Record?

If you’re thinking about fostering and you have a criminal record, the short answer is: often yes—but it depends on the type of offence, how long ago it happened, the context, your current circumstances, and whether there’s any ongoing safeguarding risk. Certain serious offences (particularly those involving children) or being on the Children’s Barred List will prevent you from fostering, but many other histories are considered on a case-by-case basis during assessment.

How fostering providers assess criminal records

It’s a safeguarding risk assessment, not a tick-box exercise

Fostering applicants (and all adults who live in the household) are subject to an Enhanced DBS check with barring information because fostering counts as regulated activity with children. Providers look at the nature of any offence, the time elapsed, patterns of behaviour, rehabilitation evidence, and current supports. The goal is to judge risk today, not to punish the past.

Everyone over 18 in your home is checked

Enhanced checks apply to you and every adult in your household. If a lodger, partner, or grown child moves in, they’ll be checked too; providers can also seek additional checks in certain circumstances (for example, adults who frequently stay overnight). Many services re-check every 3 years.

When a criminal record does stop you fostering

Barred list status and serious offences

If you (or an adult in your home) are on the Children’s Barred List, you must not undertake regulated activity with children—this is a legal bar. In practice, that means you cannot be approved to foster. Serious violent or sexual offences, particularly those against children, are also likely to prevent approval.

“Specified offences” that are never filtered

In England and Wales, DBS “filtering” rules remove some old/minor records from disclosure. However, “specified offences” (generally serious violent/sexual/safeguarding offences) are never filtered, and any conviction that resulted in a custodial sentence (including suspended) is always disclosed. These will be taken extremely seriously in fostering decisions.

When a criminal record may not stop you fostering

Context, time passed, and change matter

Many people foster successfully with historic, lower-level offences—especially where there’s clear stability, insight, and positive references. Agencies consider how long ago it happened, what has changed, and whether the behaviour has stopped. Independent charities and agencies confirm that a conviction does not automatically disqualify you.

Spent vs “protected” convictions (filtering)

Fostering roles are exempt from the Rehabilitation of Offenders Act so providers can consider spent convictions—except those that are “protected” under DBS filtering (these do not appear and you don’t have to disclose them). Your fostering service will see unspent and most spent records on your Enhanced certificate; some minor/old records may be filtered.

What the assessment actually looks like

Enhanced DBS + wider checks (Form F)

Your criminal history sits alongside health checks, references, home safety, finances, and interviews in the Form F assessment. Providers follow the Fostering Services (England) Regulations 2011 and National Minimum Standards, which anchor safer recruitment and suitability decisions.

Local police intelligence can be included

Enhanced DBS certificates can include relevant non-conviction police information if it’s considered necessary for safeguarding—another reason to be open about your history from the first enquiry.

Examples that are commonly considered (case-by-case)

Driving or public-order offences

Isolated, historic driving or public-order matters may not be disqualifying in themselves, but patterns (e.g., repeated drink-driving) or anything indicating risk to a child (unsafe transport, aggression) will be carefully scrutinised.

Financial or low-level theft offences

Older financial or shoplifting offences can sometimes be compatible with fostering where there’s evidence of rehabilitation, stable employment, and excellent references.

Historic cannabis possession or similar

A one-off, historic possession offence may be compatible, but any current misuse of substances or offences linked to exploitation or supply is likely to be a major concern.

(Each example still depends on the specific facts and current risk profile; providers will document the rationale in the assessment presented to panel.)

Household members’ records: why they matter

It’s about the whole home

Even if your record is clear, an adult household member’s history can affect the outcome. Fostering services must ensure that the entire environment is safe for a child and can refuse approval or limit placements if another adult poses risk. Re-checks and ongoing notifications help providers respond if things change.

Being open about your past: how to approach it

Disclose early, explain clearly

At the enquiry call, be honest about any cautions, convictions, or arrests that might appear. Prepare a short, factual account covering: what happened, how long ago, circumstances, what you learned, and what’s different now (e.g., treatment, courses, stable relationships, work).

Provide evidence of change

Gather character references, relevant training certificates (e.g., safeguarding), and participation in support programmes or counselling if applicable. Consistency across references, employment history, and day-to-day life carries weight at panel.

Expect discussion at panel

The fostering panel may ask about your history. This isn’t to trip you up but to establish insight, reliability, and safeguarding awareness. Clear, reflective answers help.

England, Wales, Scotland, Northern Ireland: what differs?

England & Wales (DBS)

Checks are through the Disclosure and Barring Service; fostering is regulated activity, so Enhanced + Children’s Barred List checks are standard. DBS filtering rules apply (some old/minor records won’t be shown or asked about).

Scotland (PVG)

Scotland uses the Protecting Vulnerable Groups (PVG) scheme—a continuously monitored membership system. If new relevant information arises, Disclosure Scotland can alert the provider. Serious offences or being barred from regulated work will prevent fostering.

Northern Ireland (AccessNI)

Northern Ireland uses AccessNI for criminal record checks (similar principles around enhanced disclosure and barring apply). Check with your local trust or agency for exact processes.

What if I was refused before—can I try again?

Decisions are provider-specific

Agencies and local authorities make decisions case-by-case within the legal framework. If one provider declines, you can usually talk to another—but you should share the previous outcome. If you believe a DBS entry is inaccurate, there are routes to challenge or seek review via DBS.

Practical steps if you have a record and want to foster

1) Make a confidential enquiry

Most agencies will talk informally before you apply. Ask directly: “Given X (offence, date), do you think I should continue?” Reputable services will give a straight, risk-based view.

2) Be precise about dates and outcomes

Gather paperwork (court disposals, cautions, rehabilitation dates). Accuracy helps assessors interpret filtering and relevance correctly.

3) Prepare safeguarding-focused references

Ask referees who can speak to your reliability with children, stress management, and boundaries—the themes panels care about.

4) Strengthen your profile

Complete introductory safeguarding courses, read up on trauma-informed care, and engage with local foster carer information sessions. It shows motivation and insight.

5) Think about placement type and support

Where a past record exists, providers may start with respite or short-term placements, add extra supervision, or build in mentoring. This is about matching safely, not labelling you.

FAQs

Will a spent conviction show up?

Often yes—because fostering is exempt from the Rehabilitation of Offenders Act, so Enhanced certificates disclose spent as well as unspent convictions, subject to filtering (some old/minor records are “protected” and won’t show).

Can the panel see filtered (“protected”) cautions/convictions?

No. Filtered records are not disclosed and you’re not required to reveal them. But relevant police information (non-conviction intelligence) can still be included on an Enhanced certificate if the police judge it necessary for safeguarding.

I live in Scotland. Is it different?

Yes—Scotland uses the PVG scheme with ongoing monitoring. Your agency will request PVG membership for regulated work with children.

Do I need to do my own DBS first?

You can’t request your own barred-list check, but you may obtain a Basic DBS for personal reassurance. Your fostering service must request the Enhanced with Barred List check during assessment.

Bottom line

Having a criminal record does not automatically rule you out of fostering. Providers will conduct Enhanced DBS/PVG checks and make a balanced, evidenced decision about current risk and suitability. Legal bars (being on the Children’s Barred List) and serious safeguarding offences are likely to prevent approval, but many other histories can be compatible with fostering where there is time, stability, openness, and evidence of change. If you’re unsure, call a fostering service for a confidential conversation—they have these discussions every day and can give you a realistic steer before you begin.