What legal responsibilities does a kinship foster carer have?

A kinship foster carer is legally responsible for caring for the child in line with the child’s placement arrangements, fostering law and the local authority’s decisions. However, becoming a kinship foster carer does not usually give you parental responsibility. The local authority, birth parents or the court may retain responsibility for major decisions, depending on the child’s legal status and the orders in place.

Your legal status and delegated authority

Before a child moves in, the fostering service should explain who can make different types of decisions. This is often set out in the placement plan or another written agreement. It should clarify what you can decide as part of day-to-day parenting and which matters require approval from the child’s social worker, the local authority or someone with parental responsibility.

Delegated authority commonly covers ordinary decisions such as routines, clothing, meals, activities and everyday outings. More significant decisions may need additional consent. These can include changing the child’s school, agreeing to certain medical procedures, taking the child abroad, changing their name, making major religious decisions or allowing an arrangement that changes where they live. You should not assume that being a close relative or family friend gives you automatic authority to make these decisions.

The position can be different where a child is placed under a child arrangements order, special guardianship order or another court order. The order may give a carer parental responsibility or set out specific limits. If you are unsure who has authority, ask the fostering service or the child’s social worker before making the decision.

Following the placement’s legal arrangements

You must work within the child’s approved placement plan and any relevant court directions. This includes understanding the reasons for the placement, the arrangements for education and healthcare, the child’s routines and any restrictions intended to protect them. A court order takes priority over an informal family agreement, so you should raise any conflict between the two with the social worker promptly.

You are also expected to take part in formal meetings and assessments connected with the placement. These may include statutory reviews, planning meetings, training and visits from the fostering service. Your views are important, particularly when the child’s needs or circumstances change, but the local authority remains responsible for monitoring whether the placement continues to meet the child’s needs.

Supporting the child’s rights

Kinship foster care should respect the child’s identity, relationships, views and developing independence. In practice, this means involving the child in decisions that affect them in an age-appropriate way and helping them understand what is happening. You should also pass on their wishes and concerns, even where their views differ from those of adults involved in the placement.

The child’s culture, language, religion, ethnicity and family history may form an important part of their identity. You should help them maintain appropriate links with significant people and preserve information about their background, subject to the care plan and any safeguarding or court restrictions.

Confidentiality and information handling

Information about the child and their family must be handled carefully. You should only share sensitive details with people who are authorised to receive them and who need the information for the child’s care. This includes being cautious about conversations in public, social media posts, photographs and messages sent to relatives or professionals.

Do not publish identifying information about the child or discuss their circumstances online. Court proceedings and care arrangements may be subject to confidentiality requirements, and breaching them can cause harm or create legal problems. The fostering service can explain what information may be shared with schools, healthcare professionals and family members.

Health, education and everyday care

As the child’s carer, you are responsible for arranging and attending ordinary appointments and supporting their education in accordance with the agreed plan. You should make sure the child has access to prescribed medication, appropriate healthcare, school attendance and suitable support with learning and development.

Consent for treatment or other significant interventions may not always sit with you. The child’s age, capacity, the type of treatment and the person holding parental responsibility can all affect the position. For anything beyond routine care, check who is authorised to consent rather than relying on an assumption.

When concerns or incidents arise

You must tell the appropriate professional about significant changes, incidents or concerns affecting the child or the placement. This includes changes in the child’s health or behaviour, missing episodes, serious accidents, allegations, criminal involvement or circumstances that may make the placement unsafe. Prompt reporting allows the responsible professionals to take the correct legal and protective action.

You must also follow the fostering service’s procedures if a complaint or allegation is made about you or another household member. Do not investigate it yourself or try to influence what the child or another person says. Cooperate with the process and seek advice from the supervising social worker.

Temporary and emergency kinship arrangements

Some relatives or connected people begin caring for a child under a temporary approval arrangement while the local authority completes further assessment. A Regulation 24 placement is one example of this type of arrangement. The duties of the carer still apply during the temporary period, although the approval and review process may differ from that for a fully approved foster carer.

The fostering service should tell you what conditions apply, what support is available and what steps are needed next. A temporary arrangement should not be treated as an informal private agreement, because the local authority remains responsible for assessing and overseeing the placement.

Getting advice about your responsibilities

Legal responsibilities depend on the child’s care status, the wording of court orders, the placement plan and the local authority’s policies. Keep copies of these documents and ask for an explanation of any term you do not understand. Your supervising social worker and the child’s social worker can clarify day-to-day authority, permissions and reporting duties. For disputes about parental responsibility or court orders, independent legal advice may also be appropriate.