Can I become a kinship carer with a criminal record?

A criminal record does not have the same effect in every kinship care arrangement. The local authority will look at the legal route being considered, the information revealed by the required checks and whether you can provide safe, consistent care for the child. A previous conviction may need further consideration, but it is not usually an automatic bar in itself.

The type of kinship arrangement matters. If the child is looked after by the local authority and you are being assessed as a connected person foster carer, you will go through fostering checks and an assessment. If you are applying for a Special Guardianship Order or Child Arrangements Order, the assessment and checks follow a different process, although safeguarding remains central. An informal family arrangement may not involve the same approval process, but the child’s safety still needs to be considered carefully.

Checks can include:

• an enhanced Disclosure and Barring Service check, including relevant information from the barred lists where the role requires it;
• checks on other adults who live in, or regularly spend significant time in, your household;
• local authority records and information held by other agencies, where this is relevant and lawful;
• references, health information and details of your home and wider support network; and
• information about previous applications to foster, adopt or care for children, where applicable.

Some older or minor records may be filtered under DBS rules and will not appear on a certificate. Other convictions and cautions can remain disclosable for roles involving regulated activity with children. You should not assume that a matter is too old to mention or that it will not be found through another part of the assessment. The assessing social worker will explain what information is required and how it will be handled.

Specific offences can create a legal restriction. Certain offences involving children, serious violence, sexual offending or other safeguarding concerns may prevent someone from being approved for a fostering role, subject to the relevant regulations and any permitted exception process. Whether a restriction applies depends on the offence, the sentence and the legal basis for the placement. The local authority must check this rather than relying only on your account of the conviction.

Be open from the beginning. Disclosing a record yourself allows you to explain the circumstances, what has changed since the offence and any steps taken to reduce the risk of further offending. Withholding information can raise separate concerns about honesty and judgement, particularly if it is later identified during checks. It is sensible to obtain your own DBS information where appropriate, gather court or probation documents if they are available, and tell the assessing team about relevant matters affecting any member of the household.

The assessment may consider how the conviction relates to the responsibilities of caring for this particular child. For example, the social worker may explore contact with people connected to the offence, any restrictions or licence conditions, substance misuse or behaviour-management concerns, and how you would respond to safeguarding issues. They may also seek information from professionals involved in your rehabilitation or support, with your consent where required.

A decision should be based on the complete assessment rather than the existence of a conviction alone. The local authority may decide that you can proceed, ask for further evidence or safeguards, recommend a different legal arrangement, or conclude that the proposed placement is not suitable. Possible safeguards could include a written household safety plan, supervision arrangements, restrictions on particular contacts or additional professional support. These measures must be realistic and protect the child without placing responsibility for risk management on the child.

If approval is refused, or a proposed kinship placement cannot proceed, ask the local authority to explain the decision and the relevant review or appeal route. The process differs according to whether you are being considered as a foster carer, special guardian or under another order. Independent legal advice may be appropriate where the matter involves a court application, a disqualification issue or disagreement about the assessment.

Our team can explain the checks involved in kinship care and help you understand what information to prepare before speaking with the local authority. A criminal record should be discussed early so that the correct legal route and safeguarding assessment can be considered from the outset.