Skip to content
Company Logo

Smoking

Regulations and Standards

The Fostering Services (England) Regulations 2011
Regulation 15 - Health of children placed with foster parents

Fostering Services: National Minimum Standards
STANDARD 6 - Promoting good health and wellbeing

Related guidance

The Government smoking ban, set out in the Health Act 2006, came into effect in England on 1 July 2007, and made it illegal to smoke in any public place.

The Agency wants all children to live in an environment that promotes their health and wellbeing. Foster carers play a key role in protecting and promoting children's health.

Although foster carers' homes are not regarded as a workplace, it is essential that the rights of carers to smoke are balanced against the rights of looked after children to be healthy.

The health risks from smoking and passive smoking are well known, with smoking being the single greatest cause of preventable illness and premature death in the United Kingdom.

Most children will have experimented with tobacco by the age of 16 and this is a key age at which behaviour can be shaped and influenced. Research does suggest that smoke free environments, promoting non-smoking as the cultural norm and providing children with information about the dangers of smoking does help to prevent young people from starting to smoke. Providing positive non-smoking role models and support to stop smoking can help them to quit.

It is important that foster carers understand and are made aware of the detrimental effect of smoking and passive smoking on their health and that of other people in their household.

During the recruitment, assessment and preparation process, discussions will take place with applicants regarding our expectations and requirements.

The fostering Agency will make every effort to support and encourage carers who wish to give up smoking.

The Agency is clear that any carer who smokes or lives in a household where people smoke cannot be approved to take a child under the age of five. In addition, any child with known middle ear or respiratory tract infections, or who is prone to asthma and bronchitis, may not be placed in a smoking household, although exceptions may be made where it is in the child's best interests.

The issue will be raised regularly with all approved carers who smoke and reinforced through regular supervision. Support is crucial, particularly as smoking can be a response to stress, and consideration needs to be given to ways of minimising the level of stress experienced.

The Supervising Social Worker will agree a smoke-free plan with the carers to include the following:

  • Carers and other members of the household, including visitors, will not smoke in the company of children of any age, in the home or in the car and will promote non-smoking as the norm;
  • Smoking will take place outside the home;
  • Tobacco products, matches or lighters will not be left lying around or accessible to children.

Using e-cigarettes or vaping doesn't emit the same cocktail of toxins. However, research is still ongoing about its risks but as an Agency we would take the view it is the same as smoking.

If someone starts vaping in the household, the foster carer should notify the Agency and an assessment/review should balance the risks against the benefit of the placement and this should be clearly recorded. This assessment should consider the placing authority's and the child/young person's views. It should also be recorded in the risk assessment/health and safety plan which includes information around the safe storage of vaping equipment, where vaping can take place etc.

For more information, please see Electronic Cigarettes - Evidence and advice on e-cigarettes (GOV.UK).

It is illegal for retailers to sell any tobacco products/e-cigarettes to anyone below the age of 18. In the same way, foster carers will not be permitted to provide children with tobacco/vaping products.

Some children may smoke or vape at the point of becoming looked after. You should support and encourage them to reduce or stop smoking/vaping. Support is available from the Looked After Children's Nurse or the child/young person's GP. This should be discussed with the child/young person's social worker and addressed as part of the young person's Health Plan.

In situations where a child already smokes/vapes it is reasonable to expect the foster carer to have an agreed place to store any smoking/vaping products whilst the child is in the foster home and for the child to hand them over to the foster carer. This will be explained to the child and their social worker and recorded in the Placement Plan. The child will be expected to comply with the smoke-free/vape-free plan for the foster home.

Last Updated: July 25, 2024

v9