Can I become a kinship carer without a court order?

The important distinction is between caring for a child by agreement and having legal authority to make decisions on the child’s behalf. In an informal kinship arrangement, the child’s parents usually retain parental responsibility. You may provide day-to-day care, but your authority over important decisions depends on the parents’ agreement and the exact circumstances.

What you can usually do without a court order

• Provide the child’s everyday care, including meals, clothing, routines and supervision.
• Take the child to school and communicate with teachers about ordinary matters.
• Consent to routine activities and appointments where the child’s parent has authorised you to do so.
• Support the child emotionally and maintain appropriate contact with their parents and other family members.

Problems can arise when a decision is significant or urgent. Schools, healthcare professionals, housing providers and other organisations may need evidence of your authority to act. Parents may also disagree about medical treatment, education, travel, contact arrangements or where the child should live. Written consent from the parents can help with practical matters, but it does not give you the same legal status as a court order or formal kinship care arrangement.

Kinship fostering without a court order

A local authority may assess and approve you as a kinship foster carer when a child who is looked after needs to live with someone in their family or wider network. This is commonly known as a connected-persons placement. The assessment considers your relationship with the child, your ability to meet their needs, your household, accommodation, safeguarding circumstances and the support available to you.

In this situation, the child does not need to be living with you under a private court order before the fostering assessment can take place. The local authority remains responsible for the child’s care planning, while you care for the child under the fostering arrangement. Approval as a foster carer is different from having parental responsibility, so you should ask the social worker what decisions you can make and which decisions require the local authority or the child’s parents to be involved.

In an urgent placement, a local authority may use temporary arrangements while checks and assessments continue. These arrangements should be explained to you clearly, including who is responsible for decisions, what meetings you must attend and what financial support may be available. Ask for the details in writing and keep copies of important records.

Court orders that may be relevant

• Child arrangements order: this can state that a child lives with you. A person named as someone the child lives with will generally acquire parental responsibility, although the order does not remove the parents’ parental responsibility.
• Special guardianship order: this is intended to provide a more permanent family arrangement. A special guardian has enhanced parental responsibility and can generally make many decisions without obtaining the parents’ agreement, subject to legal limits and any specific directions in the order.
• Care order: this gives the local authority parental responsibility and may be made when a child needs formal protection and care. The child may still be placed with a relative, but the placement is managed within the local authority’s looked-after children arrangements.

The most suitable route depends on whether the arrangement is expected to be short-term or long-term, whether the parents agree, the child’s safeguarding needs and whether the child is already looked after. A court order is not automatically the best option: it can create greater stability and decision-making authority, but it may also affect contact arrangements, financial support and the legal relationship between you, the child and their parents.

What to do before the child moves in

• Contact the child’s local authority children’s services department and explain your relationship with the child and the proposed living arrangements.
• Ask whether the child is considered a looked-after child and whether you could be assessed as a kinship or connected-persons foster carer.
• Clarify who will make decisions about education, healthcare, travel, contact with family and emergency treatment.
• Ask what assessment, training, home checks and safeguarding checks will be required.
• Find out which allowances or other support may apply. Financial arrangements differ according to the legal status of the child and the type of placement.
• Obtain independent legal advice before applying for a child arrangements order or special guardianship order, particularly if the child’s parents disagree.

If the child is already living with you, tell the local authority promptly rather than waiting until a difficulty develops. The authority can explain whether the arrangement may be private, require notification or need formal assessment. A family solicitor or specialist kinship adviser can also explain your rights, responsibilities and the likely consequences of each legal route.