Can kinship fostering payments be backdated?

Kinship fostering payments are not automatically backdated. Whether money can be paid for an earlier period depends on the legal basis of the placement, the carer’s approval status, the local authority’s policy and the date on which the authority accepted that fostering payments were due. A retrospective payment may be considered in some circumstances, but it is not an automatic entitlement.

“Kinship care” can describe several different arrangements. A child may be living with a relative under an approved kinship foster placement, through a special guardianship order, under a child arrangements order or as part of an informal family agreement. These arrangements do not all attract the same financial support. A fostering allowance usually relates to an approved fostering placement, whereas support under another legal arrangement may follow different rules.

When backdating may be considered

• There was a delay in processing approval or setting up the payment after the placement began.
• The authority had already agreed that the placement would be fostered, but the payment paperwork was completed later.
• The carer was given unclear or incorrect information about the date from which support would apply.
• A review found that the authority’s records did not properly reflect the placement or approval date.
• The local authority has a discretionary policy allowing retrospective financial support in particular circumstances.

These examples do not guarantee a payment. The authority may decide that the fostering allowance starts only from the date of approval, the date the placement was formally arranged, or another date set out in its policy. If a child moved into the family home before the fostering assessment or approval was completed, the authority may treat that earlier period differently from the approved placement.

Informal kinship care and earlier costs

If a relative took on care through an informal family arrangement, there may be no automatic right to a fostering allowance for the time before the child became the subject of an approved fostering placement. This does not mean that the family’s circumstances should be ignored. The child’s social worker should explain what financial help is available, whether any discretionary payment can be considered and which other benefits or support may apply.

Keep evidence of the dates and decisions involved. Useful records can include the date the child came to live with you, emails with social services, placement agreements, approval documents, meeting notes, receipts for essential costs and details of any payments already received. These documents can help establish whether a delay occurred and what was originally agreed.

How to ask for a backdated payment

• Ask the child’s social worker or fostering service to confirm the payment start date and the policy used to make the decision.
• Request a written explanation if the authority refuses to consider an earlier date.
• Set out the dates clearly, including when the child moved in, when the placement was agreed, when approval was granted and when payments began.
• Explain any administrative delay, misleading advice or financial loss that you believe affected the decision.
• Ask whether the decision can be reviewed through the local authority’s formal complaints or review process.

A request should distinguish between a fostering allowance and other forms of help. For example, a one-off placement payment, support with equipment or agreed expenses may have separate eligibility rules and may not be backdated in the same way as a regular allowance. The authority should identify each type of support separately rather than giving one general answer about “kinship payments”.

If the child’s placement is changing from an informal arrangement to foster care, ask for written confirmation of the proposed payment arrangements before relying on them. Check whether the authority considers the placement to have started on the date the child moved in, the date the fostering arrangement was agreed or the date approval was completed. Also ask whether any payment is conditional on completing assessment, training or other approval requirements.

Where the decision affects your ability to meet the child’s needs, you can seek advice from an independent family support adviser, a solicitor experienced in children’s social care or a relevant kinship-carer support service. The key issue is the authority’s written decision and the policy or legal arrangement on which it is based, rather than simply the fact that the child has been living with a relative.