Parental consent and children/young people who are living in private fostering arrangements

Private fostering is defined by section 66 of the Children Act 1989 and means looking after (care and accommodation) a child under 16 (or under 18 if they have a disability) for more than 28 days in the home of someone who is not their parent, a person with parental responsibility (PR) for the child, or a close relative.

This Practice Note explains that private fostering does not require parental consent, either written or verbal. The local authority must assess and monitor any such arrangement under the Children Act 1989 and the Children (Private Arrangements for Fostering) Regulations 2005, focusing on safeguarding and promoting the child’s welfare rather than how the arrangement came about. While parental involvement is encouraged, it is not a legal requirement.

The guidance also addresses issues such as maintaining family relationships, managing situations where no adult exercises parental responsibility, and responding to welfare concerns, including when a child may need support as a child in need or alternative accommodation.

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