Kinship care

This page explains the law surrounding an arrangement whereby a child goes to live with a relative, friend or other connected person. It explains the local authority's responsibilities in assessing the suitability of a family and friends carer and providing support as needed.

What is kinship or family and friends care?

A family and friends care arrangement, also known as kinship care, is one in which a child who cannot be cared for by their parent(s) or another person with parental responsibility goes to live with a relative, friend, or other connected person. 

The arrangement can be private between the parent(s) and the relative, friend, or connected person, or it can arise as a result of children's services involvement.

No further action is required if a private arrangement exists between the parent/person with parental responsibility and a close relative for the child to live with the close relative (a close relative is a grandparent, brother, sister, uncle or aunt (whether full blood or half blood or by marriage or civil partnership) or step-parent).

If the person with whom the child is living is not a close relative, the local authority must be notified that the child will be living under a private fostering arrangement. Please see our page on Private Fostering for further information on this.

Children's services may have determined that the child was at risk of harm while living with the parent(s), and as a result, the child was placed in the care of a relative, friend, or connected person. If the child is under a Care Order or is being accommodated under Section 20 Children Act 1989, the person with whom the child will live as a family and friends foster carer must be assessed. This is true whether the person is the child's close relative or not.

Who can become a Kinship or Family and Friends carer?

To be assessed and approved as a family and friends foster carer, you must be recognised as a 'connected person' by the local authority.

A connected person is defined as a 'relative, friend, or other person connected with a child'. The latter are likely to include person(s) who have a prior relationship with the child, such as a teacher who knows the child professionally.

A relative, for the purposes of family and friends foster care, is defined in Section 105 Children Act 1989 as a:

"grandparent, brother, sister, uncle or aunt (whether full blood or half blood or by marriage or civil partnership) or step-parent".

What are the duties of the local authority?

The duties of the local authority will be often be dependent on whether Children’s Services were involved in placing the child.

Children’s Services involvement

The local authority has specific duties if the child is looked after by the local authority, such as under a Care Order or under a Section 20 agreement. If you are a relative or other connected person and a child has been placed with you, children's services must assess you as a foster carer under Regulation 24 of The Care Planning, Placement and Case Review (England) Regulations 2010. It is possible to assess you as a temporary foster carer and have a child placed with you right away. The full assessment must be completed within 16 weeks of the child being placed with you, and it can be extended for an additional 8 weeks under certain conditions.

We have seen cases where local authorities were actively involved in placing a child in the care of a family member or friend but then considered it an informal, private arrangement. This frequently means that carers do not receive adequate financial assistance and support, and the children do not receive the protections and support to which they are entitled as "looked after children." When children's services play a significant role in arranging for the child to be fostered, it can generally be argued that they are acting in accordance with their obligations to provide the child with accommodation.

Private arrangement

If the child lives with you under a private arrangement, you will not be automatically eligible for assessment and support. It is best to notify children's services of the arrangement and ask that you be assessed as a foster carer as soon as possible.

Children's Services has a legal duty under Section 66 Children Act 1989 to assess a person who is not a parent, a person with parental responsibility for the child or a relative as defined in the Children Act 1989 who has had or will have the child living with them for more than 28 days. This does not necessarily imply that they must approve the person as a foster carer, but they must ensure that the arrangement is appropriate for the child, even if it was arranged privately. If you are not related to the child you wish to care for, please see our page on Private Fostering for further information.

If children's services has placed a child with you but maintains the arrangement is private, we recommend that you seek legal advice. If children's services refuses to assess, they must explain why, and you can challenge their decision through their complaints procedure. More information can be found in our How-To-Guide on Complaints against Children's Services. 

You can request a ‘child in need’ assessment under Section 17 Children Act 1989 if you require additional support in caring for a child and the assessment for family and friends foster care was refused.

What will happen as part of the assessment for kinship or family and friends care?

The assessment must be carried out in line with the Fostering Regulations 2011 and Fostering Services: National Minimum Standards. The assessment will be split into 2 stages.

Stage 1 will investigate:

• your health and any disabilities;
• your marital status;
• your accommodation;
• other children in the household;
• any criminal convictions or cautions;
• background checks on any person over 18 within the household; and
• references as to your character.

If you pass Stage 1 then it will progress to Stage 2.

Stage 2 will investigate:

• your personality;
• your religion;
• your racial origin, cultural and linguistic background;
• your employment and other income; and
• any previous experience of caring for children 

What happens after the assessment?

The social worker will produce a report to submit to the Fostering Panel. You must receive a copy of this before the panel meeting and you are entitled to make representations to the panel.

The Fostering Panel will make a decision to:

• approve you;
• approve you with conditions;
• request further information before making a decision; or
• decide not to approve you.

Once approved, your allocated social worker will provide support and supervision and make regular visits to the home. You will be periodically reviewed as a foster carer.

In which situations could I be refused as a kinship or family friend foster carer?

You will be not be approved if:

• you or anyone else in the household has a conviction for child abuse, neglect, assault or violent offences against children or young people;
• you or any other person in the household has been convicted of rape of a child or adult.

If you are refused because of either of these reasons you cannot challenge the decision.

You should not be automatically refused as a foster carer because of a disability, health issues, or your living situation. This should be balanced against the other factors considered in the assessment. You may be refused at either Stage 1 or Stage 2. In both cases, you should be given full reasons and the opportunity to challenge this, either directly to children's services or before an independent review panel.

What financial support is available for kinship and family and friend carers?

If the child is looked after by the local authority, you will receive the full fostering allowance. Even if you are only approved temporarily as a foster carer, you should be paid the full fostering allowance.

Children's services can also help with things like respite care, facilitating child contact with the child's parents, and assisting with educational costs. It is critical to plan ahead of time and negotiate and agree on the level of support you require from children's services.

If a family and friends carer is caring for a child under a private arrangement, they may be able to obtain financial support from the local authority under Section 17 Children Act 1989 and should negotiate this as soon as possible.

Biological parents continue to be financially responsible for their children and may be required to pay child maintenance. You may also be able to claim child benefit, but you have to first speak with the parents of the child you are fostering and try to reach an agreement.

What alternatives are there to kinship or family and friends care or foster care?

Family and friends carers and foster carers do not receive parental responsibility for the child, which means they lack the authority to make important decisions on the child's behalf. If this proves difficult, a carer can apply to the court for a Child Arrangements Order confirming that the child resides with them, a Special Guardianship Order, or an Adoption Order.