With Kinship week fast approaching, it is an opportunity to recognise and celebrate the incredible relatives and friends who care for children when their parents cannot. These arrangements allow children to remain closely connected to their families while providing a sense of stability, community and identity.

In light of this, this blog aims to raise awareness of the different arrangements and also provide guidance if you are considering, or already taking on, this important role.

What is kinship care?

Kinship care , which is also commonly known as ‘family and friends foster care’, is when a child lives with a relative or a close family friend instead of their parents. This may be a grandparent, aunt, uncle, older sibling, or even a trusted family friend.

What are the different legal routes for Kinship care?

Informal arrangements

This is where it has been agreed that the child will live with relatives or family friends but not by way of a court order. Although this can feel straightforward, it does mean that you do not have parental responsibility and therefore, you are unable to make everyday decisions on behalf of the child. For instance, decisions regarding medical treatment, education, or holidays can prove difficult as parental consent would be required. Financial and practical support from the local authority is also unavailable.

Child Arrangements Order

A child arrangements order is a court order which details where a child will live, who they will spend time with, and any specific terms of any contact. To obtain such an order, you would need to make an application to the court and proceedings would then be issued. If an order is then made for the child to live with you, you will share parental responsibility with the parents and can make day-to-day decisions without the parents’ consent. However, for any big decisions such as change of school or moving abroad, you would need the parents’ consent.

A special guardianship order

Similarly, this is a court order, but this would provide you with parental responsibility of the child until they are 18 years old, unless the court order states otherwise. This ensures that you, as the special guardian, are able to make majority decisions without parental consent. Please note that the parental responsibility of the parents is not revoked but simply shared with the special guardian.

Fostering as a ‘connected person’

If the local authority is involved, they have to ensure that, where possible, that a child is placed with a family member that is an approved foster carer. Under this arrangement, the local authority will complete an assessment to ensure that you are able to meet the child’s needs. However, if even if you are approved as a foster carer, the local authority will remain heavily involved as the child will remain under the “looked after” system.

Adoption

This arrangement transfers full parental responsibility to you. Although this is the most permanent option and gives carers the same rights and responsibilities as a parent, it does mean the child ends their legal relationship with their parents. This is therefore appropriate in very limited situations.

Although, it is to be noted that each of these arrangements have their own advantages and disadvantages which need to be considered on a case-by-case basis.

Legal aid and Kinship care – when is it available?

Whether legal aid is available will depend on the type of kinship care arrangement and the courts involvement.

If the local authority issue care proceedings and you already have parental responsibility, then legal aid would be available as it is automatic. In this situation, you wouldn’t need to provide any financial information. The same applies to cases which fall within public law proceedings, where you are approved as a foster carer by the local authority for a child. Relatives, who do not have parental responsibility, may be able to access legal aid in care proceedings, if they are made a party to the case, however, this will depend on their financial situation and the strength of their case.

When applying for a special guardianship order in private proceedings, you can apply for legal aid , but your case will need to be means and merits tested. The means test will consider your financial situation i.e. your income, savings, and any benefits you receive. The merits test refers to the strength and likely success of your case which your solicitor would need to confirm.

For a child arrangements order , you must also provide evidence of domestic abuse alongside passing the means and merits tests. The legal aid agency accepts many different types of evidence, and we can guide you through what is needed and help you gather the right documents.

Contact us

It is important to consider which arrangement is best suited for you and your family in the long term. Our specialist care lawyers at Switalskis Solicitors can guide you through your options, explain whether you qualify for legal aid, and support you through every stage of the process. Contact our offices using the form below to see how we can support you through this journey.