Guidance

Responsibilities of providers and managers in Ofsted-registered independent fostering agencies

Updated 28 November 2025

Applies to England

Registered providers of independent fostering agencies must continue to meet the Fostering Services (England) Regulations 2011, the national minimum standards and statutory guidance under the Children Act 1989. This includes telling Ofsted in writing about certain events and changes or applying to make changes where necessary.

Providers must continue to demonstrate their suitability to be a social care provider or registered manager throughout their registration and pay an annual fee.

The provider must display their registration certificate in a visible place.

We monitor the provider’s continued compliance through:

• inspection under the social care common inspection framework (SCCIF)
• other visits, for example to follow up any concerns we receive about the independent fostering agency
• repeating or doing additional checks, such as DBS checks if we receive information that brings the provider’s fitness into question
• evaluating the information that the provider gives us

Due to the exceptionally high number of applications, it is taking us longer than usual to process new submissions. If you are applying to register, it is likely to be several months before you receive a decision.

To help avoid further delays, please ensure that you provide all required information both at the time of application and throughout the process.

What registered providers must tell Ofsted

Providers must tell Ofsted about certain information to meet regulatory requirements. Some changes need our approval before they can be made.   

Reporting serious incidents

Providers must notify us of serious incidents, as set out in the Fostering Services (England) Regulations 2011.

See our guidance on reporting serious incidents in an independent fostering agency.

Reports under regulation 35

Regulation 35 requires the registered provider at appropriate intervals to establish and maintain a system for reviewing the quality of foster care provided. They must send a report of their findings to Ofsted. 

Ofsted asks that these reports are submitted to us annually. Reports can be emailed to enquiries@ofsted.gov.uk. Providers must include Ofsted’s unique reference number (URN) and the name of the independent fostering agency in the email title.

The SCCIF for independent fostering agencies provides further information about these reports. 

People leaving or joining the provider 

Providers must use the Report changes to your social care service (SC3) form to tell us about a change of:  

• responsible individual
• manager
• partners in a partnership
• an individual provider, if there is more than one individual
• a director, manager, secretary or other similar officer of the organisation

We can only accept the SC3 form from people who are registered with us and are associated with the independent fostering agency. 

Managers, partners and individual providers joining an independent fostering agency will need to complete an Apply to be associated with a children’s social care service (SC2) form as soon  as it is practicable to do so.

Managers leaving an independent fostering agency must apply to voluntarily cancel their registration. We can take steps to cancel a manager’s registration if they do not apply to voluntarily cancel their registration.

Find out more in the social care enforcement policy.

Responsible individuals             

Providers must use the SC3 form to tell us that a responsible individual is leaving and to inform us about the new responsible individual.

When we are advised of a change of responsible individual we will:

• send a new registration certificate with the responsible individual’s name removed
• ask the provider how they assessed the capacity and suitability of the new responsible individual
• ask for details of checks they carried out in relation to that person’s suitability

The responsible individual does not need to complete an SC2 form.

If the responsible individual is new to Ofsted, we will interview them. If the responsible individual is known to us, and they are changing or expanding the agencies that they oversee, as a minimum we will telephone them to discuss their new responsibilities. 

Once we are satisfied that the new responsible individual meets the requirements of the role and is suitable, we will issue a registration certificate that includes the new responsible individual’s name.

Partners 

If a partner is leaving or joining, they must tell us so using the SC3 form.

A new partner must also complete an SC2 form. Once we receive the SC2 form, we will carry out checks and interviews. If the new partner is suitable, we will register them. 

Individual providers 

If the provider is a group of individuals, and one of those individuals leaves or joins, they must let Ofsted know through the SC3 form. 

If the individual leaving is a sole individual provider, they must apply to voluntarily cancel their registration by completing a Social care: apply to cancel registration as a provider or manager form.

If they are leaving and selling the independent fostering agency, or another company is taking it over, the individual provider will still need to apply to cancel their registration.

Failure to do so may result in enforcement action. We will consider cancelling the sole individual provider if they do not apply to voluntarily cancel their registration.

Officers of the organisation

Providers must use the SC3 form to tell us about changes to any officer of the organisation. This includes a director, company secretary, clerk, trustee, treasurer or a similar officer.    

Managers

Providers must use the SC3 form to tell us when a registered manager permanently leaves or a new manager joins.

We cannot use the information in the SC3 form to cancel the manager’s registration if they are leaving. Managers must apply to voluntarily cancel their registration by completing a Social care: apply to cancel registration as a provider or manager form.

We can take steps to cancel a manager’s registration if they do not apply to voluntarily cancel their registration. We will not accept any further applications to register with any other establishment or agency until we receive and respond to a voluntary cancellation request.

Find out more in the social care enforcement policy.

Overseeing a manager vacancy

We expect providers to take all reasonable steps to find a new manager as quickly as possible, including: 

• making sure the position is advertised with a clear closing date
• making sure that interview dates are set
• updating and posting a job specification with the job advertisement
• appointing an interim manager

If there is a delay in proposing a new manager, providers must email sc.admin@ofsted.gov.uk and explain the reasons for the delay. They must also set out how the independent fostering agency will be managed in the interim period, including when an interim manager is being appointed. 

Interim managers 

An interim manager should be in place for a short period. We will continue to assess whether the interim arrangements are effective. This includes reviewing the information we hold and receive, such as notifications. 

Providers must make sure that the interim manager oversees all activities of the agency and knows what to do when there are concerns about children’s safety. Providers must also regularly monitor the interim manager’s performance, to make sure they are effective. 

We will monitor any independent fostering agencies that do not have a registered manager. If we are concerned about an interim manager’s ability to manage the agency, we may carry out a monitoring visit or ask them to apply for registration so that we can assess their suitability. If the lack of registered manager has a negative impact on fostering arrangements or disrupts the service, this will affect any inspection judgements. 

If the interim manager is expected to be in the role for 90 days or more, they must complete an SC2 form to apply to be associated with the independent fostering agency and register. If we do not receive an SC2 form within 90 days of the interim arrangements starting, we may take enforcement action against the provider. 

New managers 

The provider must tell us when they appoint a new manager. The proposed new manager will need to complete an SC2 form and pay a registration fee. We will assess their suitability and fitness to manage an independent fostering agency. If they meet the regulatory requirements for the role, we will register them.  

Temporary absence of managers 

The provider must use the SC3 form to tell us if their manager will be away for 28 days or more. 

They must give us at least 28 days’ notice of this absence. If the absence is due to an emergency, providers must notify us within one week of the absence starting. 

The SC3 form asks how this absence will be covered and the details of the temporary manager. The temporary manager will be called the ‘interim manager’.

Changes to the criminal status of any person associated to the registration 

Changes to the criminal status of any person associated with the registration must be reported by that person without delay. They must include the following:

• the date and place of the conviction
• the offence
• the penalty imposed for the offence

Changes to the provider’s financial situation 

The registered provider must email Ofsted at sc.admin@ofsted.gov.uk as soon as possible if:

• a liquidator or a provisional liquidator, a manager or a receiver is appointed
• a trustee in bankruptcy is appointed
• a composition or arrangement with any creditors is made

Changes to the statement of purpose and children’s guide

An independent fostering agency must keep under review and, where appropriate, revise the statement of purpose and children’s guide.

It is a breach of the regulations to operate the agency in a way that is not consistent with the statement of purpose.

If the statement of purpose changes, providers must let us know and send us a copy of the revised statement to sc.admin@ofsted.gov.uk. They must do this within 28 days of making the change. 

If the children’s guide is revised, the agency must supply a copy to each foster parent, and to each child placed by them (subject to the child’s age and understanding).

Administrative changes

The provider should email sc.admin@ofsted.gov.uk if:

• anyone associated with the registration changes their legal name
• an organisation changes its name, but the details at Companies House stay the same
• the provider’s address or principal office address change
• the contact details of the responsible individual or named contact change

Changes that require Ofsted approval

Certain changes require providers to apply to Ofsted for approval before they can be made. Providers must apply to Ofsted to:

• remove or change conditions relating to the provision of early permanence services
• close their registration

Condition of registration  

Only independent fostering agencies that are solely providing early permanence (foster-to-adopt) placements have a condition of registration. If an independent fostering agency with this condition wishes to provide a wider range of foster placements, they must apply to have the condition removed.

To apply to remove or change a condition of registration, the provider must email sc.admin@ofsted.gov.uk with a brief summary of the change they wish to make. We will send the provider a variation request form with details of the Children’s social care providers variation fee.

The responsible individual, or someone who makes up the registered provider, must sign the variation request form.

An inspector will contact the provider to discuss the variation once we have received the form and the fee. We may discuss whether they have considered the impact of the proposed changes such as:

• the need to increase staffing
• how the registered charity, if applicable, can continue to operate in line with its charitable objects

Refusing a variation

An inspector will decide whether to grant or refuse the variation application based on any evidence that they have gathered about the application. They will write to the provider with their decision.

If we refuse the variation application, the provider has the right to make written representations and appeal against our decision. See the relevant sections in the social care enforcement policy for further information.

Closing an independent fostering agency      

Providers must apply to voluntarily cancel their registration with Ofsted if they no longer wish to carry on an independent fostering agency. Providers must complete a Social care: apply to cancel registration as a provider or manager form at least 3 months before the date the cancellation needs to take effect.

Providers must include the following information in their application:

• reasons for applying to cancel the registration
• the proposed date on which the independent fostering agency is to be cancelled
• if the proposed date is in less than 3 months, the reasons for this
• a report about whether the agency has ceased to be financially viable, or is likely to cease to be financially viable within the next 12 months
• arrangements to transfer approved foster carers and, where applicable, the children placed with them to a new agency
• arrangements for the transfer of records after the proposed cancellation date
  • the local authority fostering service in whose area the old agency is situated
  • every foster parent currently approved by the old agency under regulation 27
  • every other foster parent for whom the old agency has responsibility by virtue of regulation 33(2) of the Fostering Services (England) Regulations 2011
  • the responsible authority and, where different, the placing authority for every child currently placed with a foster parent (if applicable)
• circumstances preventing them from giving people notice and information to cancel (if applicable)
• any other information or any documents that Ofsted may reasonably require Applications to cancel a registered provider must be signed by someone who makes up the registered provider

Applications to cancel the registration of a manager must be signed by the manager who is applying to cancel their registration.

We cannot process forms that are not signed by the correct persons. Any application without the appropriate signatures will need to be resubmitted.

When we receive your application, we will call the provider to confirm the information. We may ask for further information.

We cannot process a provider’s application for cancellation unless we receive all the required information. If they do not provide the required information, this may delay the processing of the application and result in revising the proposed cancellation date.

If a provider has not applied to voluntarily cancel their registration, they cannot:

• sell the registered independent fostering agency
• cease operating permanently

In some situations, we may refuse the application to cancel. Find out more in the ‘Refusing a registration’ section of the social care enforcement policy.

Records

Before the independent fostering agency closes or stops operating, the registered provider must:   

• transfer agency records to the new fostering service
• transfer all other records to the local authority in which the old agency was based

Changes of legal entity

A change of legal entity will require a re-registration of the independent fostering agency. Providers will need to complete a new Register a children’s social care service (SC1) form for each service they run. 

Examples of a change in legal entity include: 

• an individual provider registers their business as a company with Companies House
• an organisation becomes a partnership
• a company changes its company number

People with a role of responsibility in the independent fostering agency will need to complete an SC2 form. A registration fee will be required for each agency. This is because a new legal entity needs new registration. 

Taking over an existing independent fostering agency

Providers buying, acquiring or taking over an independent fostering agency will need to register the service and become the new provider. They may not need to register if the provider is taking over a company and running it under its existing name. 

As the new provider of this independent fostering agency: 

• the applicant cannot take on responsibility of the agency before Ofsted confirms registration
• the applicant must provide an action plan on how they will meet uncompleted statutory requirements (if applicable)

The seller must write to Ofsted to voluntarily cancel their registration. Until we have approved this, the seller remains responsible for the independent fostering agency.

If continuity of assessment or approval of families is an issue, the seller cannot voluntarily cancel their registration until the new registration takes effect (according to the date on the certificate). 

We may not need to carry out a full assessment of the premises or the manager. This will depend on the individual circumstances and the amount of information we hold.

If a provider is selling their independent fostering agency, or a new company or owner is taking it over, the provider must apply to voluntarily cancel their registration at the same time as the new owner completes the registration process.

Taking over multiple independent fostering agencies

When buying, acquiring or taking over multiple independent fostering agencies, providers should contact us at sc.admin@ofsted.gov.uk to establish what they need to do. 

Acquiring a company and running it under the existing company name 

If a provider is acquiring a company that already runs a registered independent fostering agency, they may not need to register the service again. 

If an independent fostering agency is run under the original company name and number, then the provider does not need to re-register the company. Instead, they just need to tell us about any changes to the staff of that agency so we can complete our suitability checks as necessary.