Can kinship carers get help with legal costs?

Kinship carers may be able to get help with legal costs, but the available support depends on the legal arrangement being considered, the type of court case and the carer’s financial circumstances. Possible sources include legal aid, help from the local authority, court-fee remission and advice from a specialist family-law solicitor.

Legal aid can cover advice, negotiations and representation in some children and family cases. It is not a single automatic entitlement: eligibility is usually assessed by reference to financial means and, for some types of case, the legal merits. The assessment may take account of income, benefits, savings, capital and household circumstances.

The rules differ according to the proceedings. A relative involved in care proceedings brought by a local authority may have different legal aid rights from someone privately applying for a child arrangements order or a special guardianship order. Evidence of domestic abuse, child protection concerns or a child’s risk of harm can also affect whether public funding is available. A solicitor or legal aid adviser should check the precise position rather than assuming that being a kinship carer is enough by itself.

Local authority assistance may also be available, particularly where the child is looked after or the authority is involved in planning a special guardianship arrangement. Depending on the circumstances and the authority’s policy, support could include a contribution towards legal advice or the costs of making an application. This is separate from any kinship allowance or other financial support for the child’s day-to-day care, and it should not be assumed that an allowance will cover legal bills.

Ask the child’s social worker or the local authority’s kinship, fostering or family-services team what support can be considered. Request the relevant written policy and ask whether an application for financial help must be made before instructing a solicitor. Some assistance is discretionary, so the authority may ask for information about the child’s needs, the proposed order, your finances and why the legal work is necessary.

Court fees are different from solicitor’s fees. If a court application is required, a fee may be payable even where legal representation is not. Someone on a low income or receiving certain benefits may qualify for a fee reduction or exemption through the court’s fee-remission scheme. This does not normally pay for legal advice or representation, so both types of cost should be checked separately.

Before starting proceedings, ask a family-law solicitor to explain:

• which order may be suitable, such as a child arrangements order or special guardianship order;
• whether the case falls within the scope of legal aid;
• what evidence is needed for a means assessment;
• whether the local authority may contribute to the legal work;
• the likely stages of the case and which costs could remain payable; and
• what will happen if legal aid or local-authority funding is refused.

If legal aid is not available, ask whether the solicitor offers a fixed fee for a defined piece of work, such as initial advice or checking an application. Do not agree to a wider package of work until you understand the charging basis, the likely disbursements and whether barrister or expert fees could arise. A solicitor should explain the costs in writing and tell you if the estimate changes.

Keep copies of court papers, social-work assessments, financial information and written decisions about funding. If assistance is refused, ask for the reason, whether there is an internal review or complaints process, and whether another funding route applies. A legal advice service can help distinguish between an appeal about the child’s order, a challenge to a funding decision and a request for practical support.

Legal costs can form only one part of the wider financial assessment. Before accepting a long-term kinship arrangement, ask for a written explanation of any allowance, legal-cost contribution or other support being offered, including how it may be reviewed and which costs you would still need to meet yourself.