Which relatives are excluded from the private fostering definition?
Private fostering does not include care provided by a child’s grandparent, brother, sister, uncle, aunt or stepparent, including half-relations and relatives by marriage. Other relatives, such as cousins or great-grandparents, are not automatically exempt and may be private foster carers if the other legal conditions apply.
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The private fostering definition excludes care provided by a parent, a person with parental responsibility, or one of the close relatives recognised in law. This means an arrangement does not become private fostering simply because a child lives with a family member; the relationship between the carer and child must be considered alongside the other legal conditions.
The close-relative exemption applies to the specific relationships set out in the legislation. It does not extend automatically to every member of a wider family. For example, a cousin or great-grandparent is not covered by the close-relative exemption. If that person privately cares for a child for the required period and the child’s parents or another person with parental responsibility are not providing the care, the arrangement may fall within the private fostering rules.
The exemption concerns the legal relationship, not just the way the family describes it. A person may be treated as a relative where the relationship is through marriage, civil partnership, a step-relationship or a half-blood relationship, as applicable. Conversely, being known to the child or being part of the wider family does not, by itself, remove the arrangement from the definition.
It is also important to distinguish private fostering from other arrangements involving relatives:
- Care by a parent: this is parental care rather than private fostering.
- Care by someone with parental responsibility: the private fostering definition does not apply in the same way because that person already has legal responsibility for the child.
- Care by an excluded close relative: this is outside the statutory private fostering definition, although other safeguarding or family-law considerations may still be relevant.
- Care by a wider relative or family friend: this may be private fostering if the remaining legal requirements are met.
Whether an arrangement is private fostering also depends on factors such as the child’s age, how long the care is expected to last, who arranged it and whether the child’s parent or another person with parental responsibility continues to care for them. A short visit, an ordinary holiday stay or occasional babysitting will not usually amount to private fostering. A planned stay lasting at least 28 days may need to be considered more carefully, particularly where the child is living in another household on a day-to-day basis.
Being outside the private fostering definition does not mean that no support or safeguarding steps are appropriate. Adults caring for a child should make sure there is clear consent from those with parental responsibility, that healthcare and education arrangements are understood, and that the child is safe and properly supported. Where the relationship is unclear, the proposed stay is extended, or there are concerns about the child’s welfare, seek advice from the local authority children’s services team before or as soon as the arrangement begins.
If the carer is not one of the legally excluded relatives, it is safer not to assume that the family connection removes the notification duties. The local authority can assess the circumstances and explain whether the arrangement must be notified, what information is required and what checks or visits may follow.
The legal exemption depends on the precise relationship between the child and the carer, so family terms such as “uncle”, “aunt” or “grandparent” should be used accurately. Where the relationship is through marriage, civil partnership, a step-relationship or a half-blood connection, explain that connection clearly rather than relying on an informal family description.
If there is any uncertainty about how the relationship is treated, provide the local authority with the relevant family details, including how the carer is related to the child and who has parental responsibility. This allows children’s services to distinguish an excluded family arrangement from one that may fall within the private fostering definition.
Check whether your family arrangement is private fostering
If you are considering caring for a child more permanently, speak to our fostering team for clear guidance on the different types of fostering and the next steps. For advice about whether a specific family arrangement must be notified, contact your local authority children’s services team.