Can I Foster with a Criminal Record? DBS, Safeguarding and Openness

If you’re considering fostering and you have a past caution or conviction, the short answer is: it may still be possible. Many people with minor or older offences go on to become excellent foster carers. What matters in 2025 is safeguarding first, risk assessment, honesty, and how you’ve lived since the offence. This guide explains how DBS checks work in fostering, which offences are likely to be a bar, what can be considered or “filtered”, and how to present your history openly during assessment.

The big picture: safeguarding first

UK fostering law and standards require agencies to protect children through robust vetting. That means enhanced criminal record checks, references, medicals, and a detailed assessment of your home and support network. In England, this is under the Fostering Services (England) Regulations 2011), with parallel frameworks in the other nations. These regulations expect providers to make thorough checks and judge suitability before approval.

What DBS check is used for fostering?

Fostering involves regulated activity with children, so applicants have an Enhanced DBS check with a check of the Children’s Barred List. This is the highest level of check and is standard practice for foster carers. People aged 18+ living in your household are also checked because they may have unsupervised access to children.

What an Enhanced DBS can show

• Unspent convictions, and—because fostering is an “exempt” role—some spent convictions or cautions too (subject to filtering rules below).
• Relevant local police information.
• Whether you are barred from working with children (Children’s Barred List).

Which criminal records automatically disqualify you?

If you are on the Children’s Barred List, you cannot be approved to foster. Likewise, serious offences against children, sexual offences, and certain violent offences are generally incompatible with fostering approval because they present unacceptable risk. Foster Wales and multiple agencies explicitly state that recent violent/sexual offences (by you or household members) will prevent approval.

Important: Even if you are not barred, the agency must still decide whether any offence—its type, circumstances and recency—means the risk to children is too high. That decision must prioritise child safety and be compliant with regulations and national minimum standards.

What about older, minor or “spent” convictions?

Because fostering is covered by the Rehabilitation of Offenders Act (Exceptions) Order, agencies can ask about, and DBS can disclose, some spent matters. However, the DBS “filtering” rules mean certain old and minor cautions or convictions are not shown on Standard/Enhanced certificates and do not need to be disclosed. Filtering depends on offence type, age at the time, and how long has passed. Youth cautions, for example, are no longer automatically disclosed since 2020 changes. Always read the current DBS filtering guidance (or ask your agency to explain it).

Key takeaways on filtering

• Some cautions/convictions become “protected” and won’t appear on your certificate.
• Serious offences and anything that attracted a custodial sentence are never filtered.
• Filtering rules are technical—if in doubt, seek advice (for example, from Unlock, a charity specialising in criminal records).

How panels look at criminal history

Approval panels don’t just tick boxes; they consider risk and context:

1. Nature of the offence – What happened? Was anyone harmed? Is it relevant to child safety (e.g., violence, exploitation, abuse, drug supply, serious driving offences involving harm)?
2. Recency and pattern – One incident 15 years ago is assessed differently to a pattern of offending.
3. Age and circumstances – How old were you? What was the context (e.g., youthful behaviour you’ve clearly moved on from)?
4. Insight and change – What have you learned? What does your life look like now—employment, parenting, relationships, training?
5. Safeguards in place – How would you proactively reduce risk (e.g., boundaries with alcohol, driving, finances, digital safety)?

This is set within statutory guidance on assessing and approving foster carers alongside the Regulations.

Openness is non-negotiable

Be completely honest from your first enquiry. If you’re unsure whether something is “protected” and filtered, say so—your assessing social worker can explain what will be visible and why. Fostering organisations and Ofsted expect providers to administer and use DBS checks properly and to evaluate how well you understand safeguarding responsibilities. Attempting to hide relevant information can itself be a safeguarding concern.

Tip: If you remember an incident but don’t know how it will appear, disclose it anyway and provide context in writing. Bring any paperwork you have. Honest disclosure, reflection and demonstrable change carry real weight in the assessment.

What if someone else in my household has a record?

All adults (18+) in your household require Enhanced DBS checks. A partner or adult child’s record is considered using the same principles: risk, relevance to children, recency, and insight. Some offences by a household member, especially sexual/violent offences or being on the Barred List, will prevent approval because they create an unsafe environment for a child, regardless of your own history.

Common scenarios (and how panels tend to view them)

Historic minor theft (decades ago), no repetition: Usually considered, not an automatic bar, particularly with evidence of stability and trust in recent years. Declare it and explain context and change. (Filtering may apply depending on specifics.)

Drink-driving from years back, licence clean since: Often considered with caution. You’ll be asked about alcohol use, insight and safe driving plans (e.g., who does school runs/contact if you cannot).

Caution for possession of cannabis at 18, now 35 with no further issues: Typically considered; expect questions about current attitudes toward substances and household rules. Filtering may apply depending on age at the time and elapsed years.

Assault/GBH or sexual offence (you or a household member): Very likely disqualifying due to safeguarding risk and/or barred status.

How to prepare if you have a record

1. Disclose early. Put everything you recall in your initial form and discuss it openly at the enquiry stage. Agencies prefer clarity up-front.
2. Get accurate information. Read the official DBS filtering guidance; if needed, request your own Subject Access from ACRO to refresh your memory before the agency applies for DBS.
3. Write a reflection statement. What happened, what you’ve learned, and what safeguards you use now.
4. Evidence stability. Provide references, training (e.g., safeguarding), employment history, and examples of safe caregiving roles.
5. Be ready for household conversations. Everyone 18+ will be checked. Agree house rules that demonstrate a safety-first culture (alcohol, visitors, digital devices).

Scotland, Wales, Northern Ireland: does anything differ?

The core safeguarding principles are the same UK-wide: enhanced checks for carers and adult household members, barred-list checks, and suitability assessments. The naming of standards and guidance differs by nation, but the expectation—child safety first, honesty, rigorous assessment—is consistent. Local public guidance (e.g., Foster Wales) reiterates that serious violent/sexual offences are incompatible with approval, while other histories are considered case by case.

Bottom line

• A criminal record does not automatically rule you out—unless it involves serious violence, sexual offences, offences against children or you are barred from working with children.
• Fostering uses Enhanced DBS with Children’s Barred List checks for you and every adult in your household.
• DBS filtering can mean some old/minor matters don’t appear—but be open about your history so assessors can make a fair, informed decision.
• Panels look at risk, relevance, recency, insight and change within the legal framework for assessing foster carers.