“(1) Where a child (‘C’) who is looked after by the local authority is placed with a foster parent (‘F’) by a local authority, F may make decisions on C’s behalf in relation to the matters set

(2) The matters referred to in subsection (1) are—

(a) medical and dental treatment,

(b) education,

(c) leisure and home life,

(d) faith and religious observance,

(e) use of social media,

(f) personal care, and

(g) any other matters which F considers appropriate.” —

This new clause would enable foster carers to make day-to-day decisions on behalf of the children and young people they foster.

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

I am pleased to speak to new clause 13, which proposes that the Bill should provide a default delegated authority for foster carers to make day-to-day decisions for the children and young people in their care, which I think is quite straightforward.

Foster carers should have delegated authority to make these everyday decisions for children in their care—for example, about day-to-day activities such as school trips, holidays and sleepovers; about important appointments for their health and wellbeing or medical appointments; or indeed about haircuts, which is an issue that has been raised regularly by young people in care and their foster carers.

The guidance around delegated authority has not been strengthened since 2013. As a result, practice varies across fostering services, and foster carers are often unclear about which decisions they can take and which decisions they have to get permission for from elsewhere. Many foster carers report experiencing a lack of communication, clarity and information from social workers, with unnecessary paperwork and box ticking, and complicated processes.

In the Fostering Network’s 2024 state of the nations survey, less than a third of foster carers said children’s social workers are always clear about which decisions they have the authority to make in relation to the children they foster. That lack of clarity is clearly a huge issue for a large majority of foster carers. Only half of foster carers said that social workers are able to respond to requests for decisions in a timely manner; we all know social workers are under huge pressure. Foster carers reported that the most difficult decisions to make were around social opportunities, followed by healthcare, relationships and childhood experiences.

This new clause would set out in legislation that foster carers have default delegated authority on key everyday decisions where the child’s placement plan does not specify an alternative decision maker—and the placement plan can always specify that alternative. That default delegated authority would include decisions in day-to-day parenting, such as healthcare and leisure activities, and it would exclude routine but longer-term decisions such as school choice and significant events, such as surgery. It would provide more clarity, speed up decision making within foster families and for social workers, and provide foster carers with the confidence and autonomy that they need to make day-to-day decisions for the children who are in their care.

I urge the Government to take on board these points, and the content of this new clause, to make it easier for foster carers to make those decisions for children who, after all, they know best as they are caring for them. The new clause would ensure that children and young people do not miss out on the opportunities that they need to live a happy and healthy childhood.

I appreciate the hon. Member’s concern for foster carers having delegated authority on day-to-day decisions for the children in their care. Foster carers offer crucial support to some of the most vulnerable children in our society. They provide love, stability and compassion to children and young people when they need it most.

All foster carers should have delegated authority in relation to day-to-day parenting of the child in their care, such as routine decisions about health, hygiene, education and leisure activities, and where that is not appropriate, the child’s placement plan should set out reasons for that. That is so that the foster carers can support the child in having a normal upbringing, full of the experiences and opportunities that any other child would have. For all decisions relating to the foster child, the foster carer has delegated authority only if it is recorded in the child’s placement plan. That means that if something is not listed on the placement plan, the foster carer does not have that delegated authority and they have to check with their social worker before any decision can be made.

Foster carers can take decisions in relation to the child in their care only in line with the child’s agreed placement plan and the law governing parental responsibility. New clause 13 would mean that foster carers would, by default, have delegated authority on day-to-day issues, except where an alternative decision maker is listed on the child’s placement plan.

The change outlined in the new clause does not require a change to primary legislation. Delegated authority is outlined in secondary legislation in the Care Planning, Placement and Case Review (England) Regulations 2010. We have begun conversations with foster carers and foster care providers about a proposed change, ensuring that all foster carers have delegated authority by default in relation to day-to-day parenting of the child in their care. We believe that reform to this policy area would benefit from a period of consultation with stakeholders to ensure that any change to delegated authority best reflects the interests of all parties.

Following consultation, we are committed to implementing the necessary amendments to secondary legislation. I hope that in the light of that, the hon. Member will feel able to withdraw the clause.

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.