Q: What is private fostering and when is a private foster carer required to notify the local authority?

A: Private fostering is an arrangement whereby a child under the age of 16 (or 18 if the child has a disability) is placed for 28 days or more in the care of someone who is not the child's guardian or close relative, through a private agreement between the parent and carer.

The local authority will need to be made aware of the situation to check that arrangements are satisfactory.

Private foster carers can be from the extended family, e.g. a cousin or a great aunt, but cannot be a relative as defined under the Children Act 1989: "a grandparent, brother, sister, uncle or aunt (whether full blood or half blood or by marriage or civil partnership) or step-parent". Such arrangements are considered to be kinship care, rather than private fostering.

It is a criminal offence for a private foster carer to fail to notify the local authority, without reasonable excuse, that they are caring for a child (if they are not the child's guardian or close relative). The main purpose of this is to ensure that the local authority is made aware and can satisfy themselves that the welfare of the child is satisfactorily safeguarded.

Do you have any questions?

The Child Law Advice Service provides legal advice and information on areas of child, family and education law.

Please visit www.childrenslegalcentre.com and follow the link to the Child Law Advice Service to view a range of legal factsheets and guides.

For clarifying questions, call the helpline number at the end of each factsheet.

The helpline is available Monday to Friday 8am to 6pm.

Legal Update is produced in association with experts at Coram Children’s Legal Centre ?www.childrenslegalcentre.com

?For free legal advice on issues relating to migrant children call 0207 636 8505

Sign up to the monthly childRIGHT bulletin from CYP Now and Coram Children’s Legal Centre, for the latest news and information about children, young people and the law: www.cypnow.co.uk/email-bulletins


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