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Five types of kinship care

Sometimes, children move to live with other family members, or close family friends, due to a private family arrangement. At other times, the court might decide that the child should live elsewhere, so they will be kept safe and have the best chance of reaching their potential.

Where there is an assessed level of need, a local authority provides services to support parents in caring for their children. It ensures the welfare of the children within the area for which the authority is responsible. If a child can't live with their parent because of the local authority concern for the child’s welfare, the local authority has a responsibility to support the child. They should help the child to remain living within their wider family, when safe and appropriate to do so. Research suggests that kinship care is beneficial for children in the following ways:

  • Kinship care can provide greater stability for children than long-term foster care
  • Children tend to perceive their placement more positively
  • Kinship care respects cultural tradition
  • Kinship care provides legal security and permanence without removing the legal rights of the parents

There are five different types of kinship care with different levels of parental responsibility.

Who has parental responsibility?

Carers and parents share an equal level of parental responsibility with the order defining how the care arrangements are undertaken.

Nature of care arrangement

A Child Arrangement Order is a court order. It gives parental responsibility to the person or people named in it. It usually lasts until the child is 16 years old. The order establishes the residence of a child and can include matters such as child contact. Parental responsibility is shared between the holder of the Child Arrangement Order and the parents.

Who has parental responsibility?

The local authority shares parental responsibility for the child if the child is subject to a care order. If the child is subject to Section 20 of the Children Act (1989) then the parents retain their parental responsibility.

A Section 20 Agreement of the Children Act (1989) is a voluntary agreement. This is when a parent, or person with parental responsibility, agrees to a child being taken out of their care and into another placement like foster care.

Nature of care arrangement

Where a child is in the care of the local authority, where possible we are responsible for arranging for them to live with a family member. This family member must be approved as a foster carer (Section 22 of the Children Act 1989). The child can be placed with the family member prior to approval and subject to an assessment, for up to 16 weeks.

This temporary approval can only be extended in exceptional circumstances. In this context the carer is referred to as a connected person. The process of getting approval for the placement is set out in the placement with connected persons procedure.

Who has parental responsibility?

The carer does not hold parental responsibility for the child in an informal care arrangement. The power to make decisions on behalf of the child rests with those who have legal parental authority.

Nature of care arrangement

Where a child cannot be cared for within their immediate family, those with parental responsibility may allow a close relative to care for the child. A close relative is defined within the Children Act (1989) as a grandparent, brother, sister, aunt, uncle, or stepparent by marriage.

The local authority does not have a duty to assess informal family care arrangements. However, they must do so if it appears that it may be necessary to safeguard or promote the welfare of a child in need. In such cases, the local authority has a responsibility, under Section 17 of the Children Act (1989), to assess and meet the child’s needs. Following an assessment, a ‘child in need plan’ will be drawn up and a support package identified. This may include a variety of services and support, including financial support.

Who has parental responsibility?

The carer does not hold parental responsibility for the child. The power to make decisions on behalf of the child rests with those who have legal parental authority.

Nature of care arrangement

Private fostering arrangements are where a child under the age of 16 (or under 18, if a child is disabled), is cared for by someone who is not their parent or a ‘close relative’. This is a private arrangement, made between a parent and a carer, for 28 days or more.

For further information about private fostering, please contact the Fostering Recruitment and Assessment Duty Team: 01480 372 536

Who has parental responsibility?

Special guardians have over-riding parental responsibility over parents. Parents will still retain a level of  parental responsibility.

Nature of care arrangement

A Special Guardianship Order (SGO) is an order made by a court appointing one or more individuals to be a child’s ‘special guardian’. It is a private law order made under the Children Act (1989). It is intended for those children who cannot live with their birth parents and who would benefit from a legally secure placement.

An SGO can enable a child to remain in his or her family. Unlike adoption, it does not end the legal relationship between the child and his or her birth parents. An SGO usually lasts until the child is 18 years old.

What is the difference between a connected persons foster carer and a special guardian?

Connected persons foster carers (CPFCs) must comply with the fostering regulations. These are set national standards to ensure every child in care is safeguarded and well cared for.

A CPFC does not have parental responsibility. Many decisions concerning the child will need to be agreed with Children's Social Care and parents. This includes

  • arranging for the child to stay with family or friends if not covered in the placement agreement.
  • matters such as haircuts or school trip activities

The child cannot have a babysitter or childminder unless the person has been Disclosure and Barring Service ( DBS ) checked and approved by Children's Social Care.

None of these restrictions apply to special guardians or those with a Child Arrangement Order.