What are the consequences of not notifying the local authority?

Not notifying the local authority about a private fostering arrangement can be a criminal offence, as well as leaving the child without the checks and support designed to protect their welfare. The duty generally applies to the child’s parent, the private foster carer and other people involved in arranging the care. A failure to notify may be investigated even if the arrangement was made with good intentions.

Private fostering applies where a child under 16, or under 18 if the child has a disability, is cared for by someone who is not their parent or a close relative for 28 days or more. The 28-day period does not have to be continuous, and notification should be made before the arrangement starts wherever possible. If circumstances change and an arrangement is likely to continue, it is important to notify the local authority rather than assume that no notification is needed.

Possible consequences for the adults

• Criminal investigation or prosecution: failing to comply with the notification requirements without a reasonable excuse may constitute an offence under the Children Act 1989. The local authority can consider whether enforcement action is appropriate.
• Closer scrutiny of the arrangement: children’s services may ask why notification was not made, who arranged the care, how long the child has been living there and what contact the parents or other adults have with the child.
• Further checks and assessments: the authority may assess the child’s needs, the suitability of the accommodation and the private foster carer’s ability to provide appropriate care. This can include speaking with the child, parents and other relevant people.
• Requirements or restrictions: if the assessment identifies concerns, the local authority may require changes to the arrangement or take steps to prevent a person from privately fostering. Serious safeguarding concerns may lead to wider child protection action.

Notifying the authority does not automatically mean that the child will be removed or that the private foster carer will be treated as having done something wrong. The purpose of notification is to ensure that the arrangement is known, assessed and monitored. The outcome will depend on the child’s circumstances, the quality of care, the reason notification was missed and how the adults respond when the issue is identified.

How the child may be affected

The most significant practical consequence is that the child may have gone without an assessment of their safety, health, education, emotional wellbeing and contact arrangements. The local authority may need to establish whether the child understands the arrangement, wants to remain there and has an appropriate relationship with their parents or other significant people. It may also check that consent has been properly given and that the child’s cultural, religious and communication needs are being recognised.

If the arrangement is unsuitable, or if there are indications of neglect, abuse, exploitation or an adult’s inability to care safely, the authority must consider what action is necessary. This might involve support and agreed changes, referral to other services or child protection procedures. Those steps are based on the child’s welfare and the information gathered; they are not an automatic result of late notification alone.

What to do if notification was missed

• Contact the children’s services department of the local authority where the child is being cared for as soon as possible. Explain that the arrangement has not been notified and provide accurate details about the child, the carer, the parents and the expected duration.
• Do not wait until the 28-day period has ended if it is already clear that the care is likely to continue. Late notification is preferable to allowing the arrangement to remain unknown.
• Co-operate with requests for information, visits and interviews. Keep relevant documents, including contact details, school information, medical information and any written agreement about the care.
• Ask what support or changes are needed to make the arrangement safe and suitable. If there is a dispute about legal duties or possible prosecution, obtain independent legal advice.

If you are unsure whether an arrangement meets the definition of private fostering, you can still ask the local authority for guidance. A discussion about the circumstances does not replace formal notification where notification is required, but it can help identify the correct safeguarding and support route. Our team can also explain the distinction between private fostering and becoming an approved foster carer, although the local authority remains responsible for assessing and monitoring private fostering arrangements.