Can kinship carers receive help understanding their rights at school?

In England, kinship carers can seek practical help from the child’s school, local authority and independent advice services to understand how education decisions should be made. The support available depends on the child’s legal arrangement, whether the child is looked after by the local authority, and whether the carer has parental responsibility.

Start by confirming the legal position. A child may be living with a relative or family friend under an informal arrangement, a child arrangements order, a special guardianship order, or a fostering arrangement. These statuses do not give the carer identical rights. For example, a person with a special guardianship order will usually have parental responsibility, while a kinship foster carer may need the placing authority to make, or authorise, certain decisions. An informal kinship carer may need consent from someone else with parental responsibility before making important education decisions.

Ask the local authority’s kinship, children’s services or education team to explain what the arrangement means in practice. Keep copies of the order, placement agreement, delegation of authority document and any correspondence about education. These documents can help the school identify who should receive information and who can give consent.

The school should know who is caring for the child and who has authority to act. Arrange a meeting with the headteacher, pastoral lead or designated safeguarding lead and provide the relevant documents. Ask the school to record the carer’s contact details, the child’s living arrangements and the people who should be included in school communications. It is also sensible to agree how information will be shared if the child’s parents remain involved, particularly where there are court directions or safeguarding concerns.

Kinship carers can ask for information about attendance, progress, behaviour, exclusions, safeguarding concerns and additional needs where they are entitled to receive it. Schools must still follow confidentiality and data protection rules, so they may need to check the carer’s authority before disclosing particular records. If the school is uncertain, the carer can ask it to obtain advice from the local authority rather than being left without an explanation.

Taking part in education planning may involve different meetings. Depending on the child’s circumstances, these could include parents’ evenings, pastoral support meetings, safeguarding meetings, special educational needs reviews, exclusion meetings or meetings about attendance. Ask for the purpose of each meeting in advance, who will attend and what decisions may be made. A carer can usually request reasonable adjustments, such as written information beforehand, extra time to consider documents or permission to bring a support person, although the school may need to agree the exact arrangements.

Where a child is looked after by the local authority, the designated teacher for looked-after children should be involved in education planning. The local authority’s virtual school service can also advise on educational support, the child’s personal education plan and the responsibilities of the professionals involved. Kinship foster carers should ask the child’s social worker how education issues will be addressed within care planning and review meetings.

Additional needs require a separate line of advice. If the child has special educational needs or a disability, speak to the school’s special educational needs coordinator, known as the SENCO. The SENCO can explain the support already available, the assess-plan-do-review process and whether an education, health and care needs assessment may be appropriate. A kinship carer’s ability to request or consent to an assessment will depend on parental responsibility and the child’s legal status, so this should be checked rather than assumed.

Local information, impartial guidance and support with SEND matters may be available through the local authority’s SEND information, advice and support service. A carer can also ask for help understanding reports, preparing questions for a review meeting or responding to a proposed change in provision.

Support is also available if communication breaks down. Keep a dated record of emails, telephone calls, meetings, agreed actions and any missed deadlines. If a concern is not resolved informally, use the school’s complaints procedure. Ask the local authority whether it has a formal process for education complaints, school admissions, transport or support for children in care. Different issues may need to be taken to different bodies, so obtaining advice before making a complaint can prevent delays.

An independent advocate may be appropriate where the carer finds it difficult to present the child’s views or challenge a decision. This can be particularly useful where there is disagreement about contact with parents, attendance, additional needs, exclusion or the child’s safety. The local authority should explain whether an advocacy service is available and whether the child may be entitled to support in their own right.

Prepare for school discussions by taking:

• the court order, placement agreement or other document confirming the arrangement;
• details of everyone with parental responsibility;
• recent reports, letters and professional assessments;
• a short record of the child’s strengths, needs, attendance and any changes at home; and
• a written list of the decisions or explanations being requested.

It is important to keep the child involved in an age-appropriate way. Their views, wishes and feelings should inform planning, particularly where school is connected with family relationships, identity, contact arrangements or emotional wellbeing. The carer can ask the school how the child’s voice will be recorded and acted upon.

If the school or local authority gives unclear advice, ask for the relevant policy or legal basis in writing and request a review by a senior officer. Specialist kinship advice can help a carer understand the effect of the arrangement, prepare for meetings and identify which organisation is responsible for the next step. The aim is to ensure that the child’s education is planned around their legal position, individual needs and welfare, rather than assumptions about the carer’s role.