By Rachel Earnshaw and Spencer Lewis
Foster carers provide something no system or institution can replicate – stability, security and a sense of family for children who need it most.
They offer vulnerable children not just somewhere to stay, but often the consistency, care and emotional support needed during some of the most difficult periods of their lives. In many cases, foster carers help children rebuild confidence, maintain routines and feel safe again after experiences of instability or trauma.
Yet while the importance of fostering is widely recognised, the legal and practical realities surrounding foster care are becoming increasingly complex. From changes in employment law to growing pressure on the care system itself, many foster carers and prospective foster families are facing difficult questions about financial security, workplace flexibility and long-term support.
A growing shortage of foster carers
Recent figures show the number of available foster families has fallen significantly in recent years, creating increasing pressure across the sector. According to The Fostering Network, the number of fostering households in the UK has declined by around 12% since 2019, leaving many local authorities struggling to find suitable placements for children in need.
The impact of this shortage can be significant. Children may be placed far from their communities, separated from siblings or moved away from schools, support networks and familiar surroundings at an already vulnerable time in their lives. In some cases, children are placed into residential care settings simply because foster placements are unavailable.
For foster carers themselves, the role can also be emotionally and practically demanding. Many carers are expected to accommodate children at short notice while balancing existing family life, work commitments and financial pressures.
Government plans to modernise fostering
In response, the government has pledged funding to create thousands of additional foster care placements and improve support for foster families. Alongside this, a new fostering action plan aims to modernise the system by simplifying assessments, reducing unnecessary administration and making fostering more accessible to people from a wider range of backgrounds and lifestyles.
Funding is expected to support measures such as home adaptations for foster families caring for sibling groups, better digital systems for applicants and improved coordination between local authorities and fostering services. There is also a wider push to encourage more people to consider fostering, particularly those who may previously have assumed they would not qualify.
This reflects the reality that modern foster carers do not always fit traditional assumptions. Many are balancing fostering alongside full-time employment, caring responsibilities or non-traditional family arrangements. Others may previously have worried that factors such as renting a home, working long hours or having experienced mental health challenges would prevent them from fostering.
Where the law has struggled to keep pace
While government policy is evolving, the legal framework has not always kept pace with the realities of modern family life and employment.
One of the biggest challenges for foster carers is that, legally, they are generally not classed as employees or workers.
This means foster carers are usually not entitled to employment protections such as minimum wage, paid holiday, sick pay or pension contributions through their fostering role. While fostering allowances are available, many carers still rely on separate employment income and must balance both responsibilities at the same time.
Historically, the courts have maintained that fostering relationships are governed by statutory arrangements rather than employment contracts. One of the most significant cases in this area, W v Essex County Council, reinforced the position that foster carers are not employees because their relationship with local authorities is created through legislation rather than a contractual employment arrangement.
As a result, foster carers have traditionally been excluded from many of the workplace protections available to employees and workers.
For some foster carers, this can create uncertainty around financial stability and support, particularly where fostering responsibilities impact their ability to maintain other employment.
The legal cases that could change things
Recent legal developments suggest there may be increasing scrutiny around whether foster carers are receiving sufficient legal protections.
In particular, the case of Oni v London Borough of Waltham Forest has attracted significant attention after a tribunal allowed discrimination and whistleblowing claims brought by foster carers to proceed, despite them not having formal employee status.
The case raises important questions about whether foster carers should still be able to rely on certain legal protections, even if they are not formally classified as workers or employees under employment law. The matter has now been referred towards the Supreme Court through the “leapfrog” procedure, meaning future decisions could potentially have wider implications for foster carers, fostering agencies and local authorities across the UK.
While it remains unclear how the courts may ultimately approach these issues, the case reflects growing recognition that the law may need to evolve alongside changing social and employment realities.
Why employment law changes matter
Recent employment law reforms, including the Employment Rights Act 2025, have strengthened rights around flexible working and family-related leave for employees.
Although these changes do not directly apply to fostering relationships with local authorities, they may still have a practical impact for foster carers who remain in paid employment alongside their fostering responsibilities.
Caring for a foster child often requires flexibility, emotional support and availability at short notice, particularly where children have experienced trauma, instability or disruption in their lives. Appointments, school meetings, introductions and emergency placements can all place additional demands on foster carers’ time.
For employed foster carers, greater access to flexible working arrangements may therefore become increasingly important in helping them balance both roles.
At the same time, employers are beginning to recognise the role they can play in supporting foster carers through workplace policies, compassionate leave arrangements and more flexible approaches to modern family life.
Thinking about fostering? Consider the wider picture
For those considering fostering, it is important to think not only about the practicalities of caring for a child, but also about the wider support network available to you.
That includes understanding:
- How fostering may affect your employment
- What financial support is available
- What rights and protections you may or may not have
- How local authority arrangements work in practice
- And what happens if disputes or concerns arise
It is also important to consider the emotional and practical support available from family members, friends, employers and professionals involved in the fostering process.
Understanding these issues early can help foster carers make informed decisions and avoid unnecessary difficulties later.
Supporting foster carers and families
The recent Foster Care Fortnight campaign highlighted the extraordinary contribution foster carers make to children and young people across the UK. However, behind that commitment are increasingly complex legal, employment and family considerations that many people do not fully anticipate at the outset.
As fostering continues to evolve alongside wider changes in society, employment and family life, the legal landscape may also continue to develop. Foster carers, employers and local authorities alike may all need to adapt to changing expectations around flexibility, support and legal protection.
At Fisher Jones Greenwood, we understand that foster carers and families may need clear, practical advice to help navigate these issues with confidence. Our experienced family and dispute resolution teams can provide guidance on a range of matters affecting foster carers, families and working arrangements.
To find out more, contact Fisher Jones Greenwood on 0845 543 5700, email [email protected] or complete our online enquiry form.