What legal arrangement will I have as a kinship carer?

The legal arrangement depends on whether the child’s parents agree to the care, whether children’s services are involved and whether a court has made an order. The main possibilities are an informal family arrangement, a Child Arrangements Order, a Special Guardianship Order or approval as a kinship foster carer. These arrangements differ in how much parental responsibility you have, who makes important decisions, how contact is managed and what support you may receive.

Informal family arrangement

An informal arrangement is where the child lives with you by agreement with their parent or parents, without a court order or fostering approval. The child’s parents keep parental responsibility and remain responsible for major decisions, such as education, medical treatment and changing the child’s name. You can usually make everyday decisions while the child is in your care, but organisations may ask for evidence that you have permission to act for the child.

It is sensible to record the agreement in writing. This can cover where the child will live, arrangements for school and healthcare, financial contributions, contact with parents and what should happen if the arrangement changes. Written consent does not give you parental responsibility, so it may not resolve every issue. If the arrangement is becoming long term or disagreements are developing, you should seek advice about whether a formal order is more suitable.

Child Arrangements Order

A Child Arrangements Order can state that the child is to live with you. It is made by the Family Court and is often considered where a child needs a stable home with a relative or another connected person, but the circumstances do not require a Special Guardianship Order.

If the order says that the child lives with you, you normally receive parental responsibility while the order remains in force. This allows you to make many important decisions about the child’s care, although parental responsibility is shared with the child’s parents and any other person who holds it. The order may also set out when and how the child spends time with their parents or other relatives.

A Child Arrangements Order does not make you the child’s parent and does not remove the parents’ parental responsibility. The court can include specific conditions, so you should read the wording carefully before making decisions about contact, travel, education or medical care.

Special Guardianship Order

A Special Guardianship Order is a longer-term legal arrangement for a child who cannot live with their parents but should remain within their wider family or existing network. It gives the special guardian enhanced parental responsibility and is intended to provide greater permanence than an informal arrangement or, in many cases, a Child Arrangements Order.

A special guardian can generally make day-to-day and most significant decisions without asking the parents for permission. However, the parents do not lose parental responsibility completely. Certain decisions remain subject to legal restrictions or may require the parents’ consent or the court’s permission, including some decisions about changing the child’s name or taking the child out of the country.

The order can include arrangements for contact with the child’s parents and other important people. The local authority may prepare a support plan, which can cover practical help, counselling, training, contact arrangements and financial assistance where the relevant criteria are met. Support is not automatically identical in every case, so the proposed plan should be checked carefully before the application is concluded.

Kinship fostering

Kinship fostering is a formal fostering arrangement where you are approved to care for a child who is related to you or otherwise known to you. This may happen because the local authority has become involved and the child cannot safely remain with their parents. The local authority remains responsible for the child’s looked-after care, while you care for the child under fostering regulations and the placement plan.

You will need to complete an assessment and approval process, which normally considers your household, health, accommodation, relationships, safeguarding understanding and ability to meet the child’s needs. You will also receive fostering training and ongoing supervision. The child’s care plan will explain matters such as contact with parents, education, health appointments and the decisions that have been delegated to you.

Approved kinship foster carers usually receive a fostering allowance from the placing authority. The amount and terms depend on the local authority and the child’s circumstances. Fostering support may include a supervising social worker, training, reviews and practical guidance. Being a foster carer does not give you parental responsibility simply because the child lives in your home.

How the arrangements compare

• Informal care: the parents retain parental responsibility and you care for the child by agreement.
• Child Arrangements Order: you may have parental responsibility if the order says the child lives with you, but it is shared with others who hold it.
• Special Guardianship Order: you receive enhanced parental responsibility and a more permanent legal framework, while the parents retain limited parental responsibility.
• Kinship fostering: you are approved as a foster carer and the local authority remains involved in the child’s looked-after care.

The arrangement can affect benefits, housing, education, medical consent, travel, contact and access to financial support. Do not assume that an allowance available under one arrangement will be available under another. The person or organisation responsible for the child should explain the financial and practical support that applies to your circumstances.

Before agreeing to a long-term arrangement, ask for clarity about who holds parental responsibility, which decisions you can make, how contact will work, who pays for the child’s needs and what support is available if the placement becomes difficult. If the parents disagree, the child’s needs change or you are being asked to sign a legal agreement, speak to the child’s social worker and obtain independent legal advice. A family solicitor or specialist kinship adviser can explain the effect of a proposed order; the correct arrangement should be based on the child’s welfare and the facts of the case, not simply on which option appears easiest.