What is the difference between kinship foster care and special guardianship?

The central difference between kinship foster care and special guardianship is the legal framework under which the child is cared for. Kinship foster care is arranged through fostering and the child remains looked after by the local authority. Special guardianship is a court-ordered arrangement that gives the special guardian a stronger, more lasting role in making decisions about the child’s upbringing.

Both options enable a child to live with someone they already know, such as a grandparent, aunt, uncle, older sibling or family friend. However, they are not interchangeable. The right arrangement depends on the child’s safety and welfare, the expected length of care, the relationship with the child’s parents and the level of legal and professional oversight needed.

Legal responsibility and decision-making

• With kinship foster care, the local authority has parental responsibility for a child who is in its care. The child’s parents may also retain parental responsibility. The foster carer makes everyday decisions within the authority given to them, while significant decisions may involve the social worker, local authority or the parents.
• With a special guardianship order, the special guardian obtains parental responsibility. This normally allows them to make most day-to-day and longer-term decisions without asking the local authority for permission. Their parental responsibility generally takes precedence over that of the child’s parents, although certain decisions, including changing the child’s name or taking them permanently out of the United Kingdom, have specific legal requirements.

A special guardianship order does not remove the parents’ parental responsibility. It changes how that responsibility is exercised. The court can also set conditions about matters such as contact with parents, and a special guardian must continue to promote the child’s welfare.

How the arrangements are created

Kinship foster care is established through the fostering process. The local authority assesses the proposed carer, their household and the child’s needs. The assessment considers issues such as accommodation, health, relationships, safeguarding, practical availability and the ability to work with professionals. Connected-person arrangements can sometimes be made urgently, followed by further assessment under the relevant fostering procedures.

Special guardianship is made by the family court. A person who wants to apply will usually need to give notice to the relevant local authority in advance. The local authority then carries out a special guardianship assessment and prepares a report for the court. The court considers the child’s welfare, the proposed guardian’s circumstances and the wider family situation before deciding whether an order is appropriate.

An approved kinship foster carer does not automatically become a special guardian, and a special guardian does not automatically become an approved foster carer. The assessments have different purposes, so one arrangement may need to end or change before another is made.

Duration and stability

Kinship foster care can be short-term while plans are made, or it can continue for a substantial period. The child remains within the looked-after children’s system, which means their care plan is monitored and formally reviewed. The local authority continues to assess whether the placement meets the child’s needs and whether the care plan should change.

Special guardianship is usually intended to provide a more settled legal arrangement until the child reaches adulthood. The order normally lasts until the child is 18, unless the court changes or discharges it. It can therefore be suitable where a child cannot safely return to their parents but adoption is not being pursued and a connected person is able to provide long-term care.

Neither arrangement guarantees that circumstances will remain unchanged. A fostering placement may end or be revised if it is no longer suitable. A special guardianship order can also be challenged or varied in limited circumstances, usually through the court and subject to the applicable permission requirements.

Professional involvement and reviews

Kinship foster carers work within the local authority’s fostering and children’s social care framework. They normally receive supervision, take part in training and contribute to reviews of the child’s placement and care plan. Social workers remain involved in monitoring the child’s welfare, education, health and family relationships.

Special guardians are not foster carers simply because they care for a child who has previously been in care. They do not usually have the same routine fostering supervision or looked-after-child review structure. They should still receive information about the child’s needs and may be offered support under a special guardianship support plan. The type and level of ongoing professional involvement depends on the child’s circumstances and the plan agreed with the local authority.

Financial support

Kinship foster carers receive fostering allowances and other support in line with the fostering arrangement. The allowance is intended to contribute towards the costs of caring for the child, and the carer may also receive training, equipment or other assistance identified through the fostering plan. The exact arrangements depend on the responsible local authority and the individual placement.

Special guardians do not generally receive a standard fostering allowance. Financial assistance may be available through a special guardianship support plan, but it is governed by different rules and can depend on the child’s needs, the guardian’s circumstances and the local authority’s policy. Some payments may be means-tested or reviewed, so the proposed guardian should ask for the financial terms in writing before applying.

Moving from foster care to special guardianship can also affect other benefits, tax matters and access to services. Independent benefits or legal advice may be appropriate before making a decision.

Contact with the child’s parents

In kinship foster care, contact is usually considered as part of the child’s care plan and may be arranged or monitored by the local authority. The foster carer is expected to follow the agreed plan and share relevant concerns with the social worker.

Under special guardianship, contact arrangements may be agreed by the family or set out by the court. The special guardian generally has greater authority to manage the child’s routine, but should not make unilateral changes to court-ordered arrangements. Contact should be based on the child’s welfare, safety and wishes, as appropriate to their age and understanding.

Which option may be more appropriate?

• Kinship foster care may be more suitable where the local authority needs continuing oversight, where decisions are still being made about the child’s future, or where the child needs the structure of the looked-after system.
• Special guardianship may be considered where a child needs a long-term home with someone they know and the carer is ready to take primary legal responsibility for their upbringing.
• Neither option should be selected solely because it appears simpler or offers a particular type of financial support. The child’s safety, stability, relationships and long-term needs come first.

The proposed carer should ask the social worker to explain the care plan, the assessment route, contact expectations, legal responsibilities and support available under each option. Because a special guardianship order is made by the court and has lasting legal consequences, obtaining independent legal advice before applying can help the family understand exactly what the order would mean.