Kinship care

Key points to consider

Parents can make their own arrangements for the care of their child by close relatives (grandparents, aunts/uncles, siblings or a step-parent) – these are sometimes referred to as ‘informal arrangements’. 

• Parents who make their own arrangements for the care of their child with someone other than a close relative, and for longer than 28 days, enter into a private fostering arrangement. The local authority must be notified and they are required by law to assess, monitor and support this arrangement.
• Parent’s choices to make their own arrangements as above may be limited in situations where there are concerns for the child’s welfare and safety. 
• At times where relatives have concerns they may seek to take their own steps (via private law proceedings) to secure the welfare of the child.
• When concerns arise around parent’s care of children, Children’s Services may initially seek to assist through Early Help services. Good early intervention by agencies, and involvement of a child’s extended family and social network in assessments and planning from the beginning, can empower a child and family’s wider support networks to engage and improve the chances of a child being able to remain in the care of their parents.
• Where safeguarding concerns have been identified and the child cannot remain in the care of their parents, Children’s Services may need to intervene and arrange for the child to become looked after while further assessment of risks takes place. Many local authorities use Family Group Conferences to identify potential family members who can could potentially care for children and who are willing to be assessed as carers by Children’s Services.
• The local authority has a duty to consider if placement with a family or friend would be in the child’s best interests when considering options. These initial family and friends care assessments (also known as viability assessments) help Children’s Services to identify if family members and friends can provide a safe and stable family life to children and meet their needs for a period while assessments around parents are completed. They will also consider the potential of longer-term care where this may be needed. Where care proceedings have been issued, it is not unusual for the court to order multiple assessments of potential family and friends carers. The pros and cons of each will be laid out in the court and ultimately the court will decide on the most appropriate place for the child to live and what type of Order (if any) may be needed to ensure the child’s welfare.
• Following initial assessment and checks, temporary approval as foster carers can be given to family members to allow them to care for the child whilst work with the family continues and longer term plans are made. The carers have to be carefully assessed as foster carers within the timescale required by the The Care Planning, Placement and Case Review (England) Regulations 2010 (See Practice Information Note: Placing Children with Kinship Carers)
• Regardless of whether a child is living with parents, placed with temporarily approved family and friends foster carers, or placed with other local authority foster carers, the child’s social worker will need to consider the options available for the permanent care of the child should it be decided the child cannot remain living or return to live with their parents. The social worker is required to give preference to placement with family and friends carers, provided they can safeguard the child and meet their welfare needs.
• Where children cannot return to their parents care, Kinship carers can offer permanence to a child in different ways: as foster carers under a care order, as special guardians under a special guardianship order, or under a child arrangements order. In rare cases, adoption under an adoption order may be the most appropriate. Each arrangement requires assessment under the relevant regulations, and fostering and adoption require approval by the local authority following recommendation from the relevant panel.

Key legislation, regulation, guidance and research relating to kinship care

Legislation

• The Children Act 1989

Regulations 

• Care Planning, Placement and Case Review (England) Regulations (2010 as amended)
• The Fostering (England) Regulations (2011 as amended)

Statutory Guidance

• The Children Act 1989 Statutory guidance and regulations: Volume 2: Care Planning, Placement and Case Review
• The Children Act 1989 Statutory guidance and regulations: Volume 4: Fostering Services
• Family and Friends Care: Statutory Guidance for local authorities

National Kinship Care Strategy

• Championing kinship care: national kinship care strategy - GOV.UK (www.gov.uk)

Good practice guidance 

• Initial Family and Friends Care Assessments: a good practice guide (2017)