What is the difference between kinship care and private fostering?

The main difference is the relationship between the child and carer, and the legal framework under which the care is provided. Kinship care is usually arranged within a child’s existing family or trusted network when a parent cannot care for them. Private fostering is a private arrangement in which a child lives with someone who is not a close relative, while the child’s parent generally continues to hold parental responsibility.

Kinship care can involve a grandparent, aunt, uncle, older sibling or another adult with a significant pre-existing relationship with the child. It may be informal, or it may be supported by a legal order or a formal fostering arrangement. The exact route depends on the child’s circumstances, whether children’s services are involved and what arrangement best protects the child’s welfare.

Private fostering has a narrower legal meaning. It generally applies when a child under 16, or under 18 if disabled, is cared for by someone who is not a close relative for at least 28 days. A parent may arrange this, for example, because of work, education, housing difficulties, family circumstances or other practical reasons. The arrangement is not the same as becoming an approved foster carer through a fostering agency or local authority.

Key differences include:

• Relationship: kinship carers are connected to the child through family or an established relationship, whereas private foster carers are not close relatives.
• How the arrangement begins: kinship care commonly follows a family crisis, parental difficulty or children’s services involvement. Private fostering is usually arranged directly by the child’s parent and the proposed carer.
• Parental responsibility: in a private fostering arrangement, the child’s parent normally retains parental responsibility. A kinship carer may also lack parental responsibility unless this is provided through a court order, agreement or another legal arrangement.
• Assessment and oversight: private fostering arrangements must be notified to the local authority, which assesses the arrangement and visits to check the child’s welfare. Kinship carers may undergo a different assessment depending on whether the arrangement is informal, court-ordered or part of the care system.
• Financial support: the support available to a kinship carer depends on the legal status of the placement and the organisations involved. Private foster carers do not automatically receive the fostering allowance available to approved foster carers.

Kinship care is not automatically the same as kinship fostering. If a child is looked after by the local authority and placed with a relative or connected person, that person may need to be assessed and approved as a foster carer, sometimes under specific temporary arrangements while assessments take place. In other cases, a child may live with relatives under a Child Arrangements Order or Special Guardianship Order. These routes create different responsibilities, decision-making powers and sources of support.

An informal kinship arrangement may allow a relative to care for a child without a court order, but it can make everyday decisions more complicated. Schools, healthcare professionals and other services may need evidence of the carer’s authority to make particular decisions. A court order can provide greater clarity, but it also brings legal responsibilities that the proposed carer should understand before applying.

Private fostering also carries duties for the child’s parent and the private foster carer. The arrangement should be reported to the local authority rather than left undisclosed. The local authority will consider the child’s living conditions, the suitability of the carer and the child’s needs. The carer must provide appropriate day-to-day care and work with the local authority, while the parent remains responsible for maintaining contact and contributing to important decisions as appropriate.

The practical support available is therefore different. An approved kinship foster carer may receive training, supervision, an allowance and help from the fostering service, subject to the relevant arrangement and policy. A kinship carer with a court order may be able to access support through the local authority or kinship support services, but this is not necessarily the same as fostering support. A private foster carer should ask the local authority what advice, services and financial assistance may be available, as there is no single automatic package equivalent to approved fostering support.

If you are considering caring for a child who is related to you or already known to you, speak to the child’s parent and the local authority before making firm arrangements. Ask which legal route is being considered, whether children’s services are involved, what assessment will be required and how the child’s financial, educational, health and contact needs will be managed. The correct route depends on the child’s circumstances, so legal advice may also be appropriate where there is disagreement, a proposed court application or uncertainty about parental responsibility.

In short, kinship care is defined primarily by the existing connection between the child and carer and can take several legal forms. Private fostering is defined by the child living with a non-close relative for the relevant period under a private arrangement. Understanding that distinction is important because it affects assessment, parental responsibility, supervision, financial support and the decisions the carer can make on the child’s behalf.