If you're a relative or close friend caring for a child involved with social services or court proceedings, then you would become a kinship carer. Kinship care, also known as "connected persons" or "family and friends foster care," is when a child is cared for by someone they already know. This could be a grandparent, aunt, uncle, or family friend when they cannot live with their birth parents. Common reasons why a child may be in kinship care include worries such as exposure to substance misuse, domestic violence or other worries about the care given by their parent(s).  

Types of kinship care arrangements

Kinship care can take different forms, each with varying levels of legal responsibility:

Informal arrangements – A parent makes this arrangement so an immediate family member can care for their child. The length of the arrangement is decided by the person with personal responsibility. The 1989 Children Act defines an ‘immediate family member’ as a ‘grandparent, brother, sister, uncle or aunt (whether full or half blood, by marriage, civil partnership or stepparent)’. This arrangement does not involve the local authority, and they’re not obligated to assess this arrangement unless deemed necessary to safeguard or promote the welfare of a Child in Need. Financial support isn't available from the local authority.

Private fostering – This is an informal arrangement by a parent for a child (under 16, or 18 if disabled) to be cared for by a non-family member. The care lasts for 28 days or more. As the carer isn’t an immediate family member, the local authority must be involved to ensure the arrangement meets the child’s needs. Parents will still hold parental responsibility and will agree decision-making arrangements with the foster carer. Financial support is not available from the local authority.

Family and friends foster care – The local authority is responsible for ensuring that a child in its care is placed with a family member approved as a foster carer, wherever possible. The local authority will complete an assessment to ensure you can meet that child’s needs. You don’t have parental responsibility under this arrangement and the child is still considered to be ‘looked after’ by the local authority. The local authority has a legal duty to be involved at this stage. Once you’re approved as a foster carer, you will receive fostering allowances for as long as you care for the child as a foster carer.

Child arrangement order / Special guardianship order – These court orders state where a child will live, who they can spend time with and for how long. In the context of kinship care, if a child is placed in foster care and is ‘looked after’ by the local authority, an application can be made for stability. The local authority would no longer be involved, but you would remain as a kinship foster carer. Special guardians share parental responsibility with the child’s parent until they are 18 years old, unless the order states otherwise. This means they can make nearly all major decisions about the child without requiring the consent of the parent. You may also be entitled to financial support. If a child arrangement order is made in your favour, you can make day-to-day decisions without consulting the parents but must include them in any big decisions about the child.

Adoption - For most kinship carers, adoption is not typically the recommended or suitable option. Adoption permanently transfers all parental rights and responsibilities to you, ending the legal relationship between the child and their birth parents. Kinship care is often preferred in situations where maintaining some form of connection with the birth family is considered to be in the best interest of the child.

Responsibilities of Kinship Carers

• Day-to-day care – Regardless of the type of arrangement in place, you will be responsible for the child’s daily needs. This includes taking them to school and meeting their health needs.  
• Legal obligations – If a child arrangement order or special guardianship order is in place, you must comply with the directions. This includes facilitating contact with the birth parents if it is in the child’s best interest.
• Working with the local authority – If the local authority is involved, you must work closely and engage with them. This includes attending meetings, undergoing assessments, and following care plans.

The primary focus of care proceedings is the child’s well-being. The family court and local authority aim to ensure a child’s living arrangements are stable and permanent. As a kinship carer, you play a critical role in providing this stability.

However, it's essential to consider whether you can offer a long-term commitment to the child and if your family situation suits this. This is a significant decision that requires careful consideration and understanding of the different types of kinship care arrangements, your rights, and your responsibilities to make informed decisions.

Legal Aid funding may be available to obtain advice and consider your options. If you need advice on this matter, please contact our offices on 0800 138 0458 and speak to a member of our specialist child care department .