Kinship care is defined in the national kinship care strategy and the Kinship care: statutory guidance for local authorities as:

  1. Kinship care is any situation in which a child is being raised in the care of a friend or family member who is not their parent. The arrangement may be temporary or longer term.  
  2. The following are all types of kinship care arrangement, however this list is not exhaustive:  
  1. Informal kinship care arrangements (not approved foster care) including:  
    1. A private family arrangement in which a close relative who does not hold parental responsibility, raises the child and
      • the local authority has had no major role in making the arrangement for the child; and
      • where a Family Court has not made an order in respect to the care of the child. ii. iii. Where a child under the age of 16 is being provided with accommodation for less than 28 days by an individual in their own home who is not a close relative Where a 16 or 17-year-old is being provided with accommodation by an individual who is not a close relative in their own home
  1. A private fostering arrangement in which someone who is not a close relative* of the child looks after the child for 28 days or more** (as per section 66(1)(a) and (b) of the Children Act 1989)***  
  2. Where a ‘lives with’ Child Arrangements Order**** has been granted in respect of the child, in favour of someone who is a friend or family member but is not the child’s parent (see glossary regarding who is a parent).  
  3. Where a Special Guardianship Order has been granted appointing a friend or family member as the child’s special guardian. 
  4. Where a child is a ‘looked after child’ by virtue of either an Interim or Final Care Order or being accommodated by the local authority (usually under section 20 of the Children Act 1989) and each of the following apply (this may be described as ‘kinship foster care’ or ‘family and friends foster care’):  
    1. ii. The child is being cared for by a friend or family member who is not their parent, and The friend or family member is approved as a local authority foster carer either on a temporary basis or following full assessment. 
  1. Where an Adoption Order has been granted in respect of the child and, prior to the making of the order, the adopter was a friend or family member.  

* In relation to private fostering, “relative” has the meaning given in section 105 of the Children Act 1989. It includes only the following: grandparent, brother, sister, uncle or aunt (whether full blood or half blood or by marriage or civil partnership), and stepparent (a married stepparent, including a civil partner). ** For the purposes of this kinship definition, the term private fostering arrangement includes only individuals accommodating a child. It does not apply to organisations or bodies. *** 16- and 17-year-olds who are disabled will be deemed to be in a private fostering arrangement. **** Pursuant to section 8 of the Children Act 1989. 

Special Guardianship is regulated by the following Acts and regulations:

The Children Act 1989 was amended by the Adoption and Children Act 2002 to establish Special Guardianship.

The following sections of the Children Act 1989 are relevant in setting out the legal definition of parental responsibility which is core to special guardianship.

  • Section 1 which sets out the welfare priniciple.
  • Section 2 which gives the definition of parental responsibility.
  • Section 3 which gives the meaning of parental responsibility.

The Regulatory Framework for Special Guardianship can be accessed at:

The Special Guardianship Regulations 2005

The Special Guardianship (Amendment) Regulations 2016

The Department of Education also provides Statutory Guidance on Special Guardianship.

The Public Law Working Party published best practice guidance in 2021 regarding the use of special guardianship orders in the family courts -  PLWG Best Practice Guidance - Special guardianship 2021  

Kinship fostering is regulated by the following acts and regulations:

The Fostering Services (England) Regulations 2011  

Fostering National Minimum Standards  

The Care Planning, Placement and Case Review (England) Regulations 2010

Private fostering is regulated by the following acts and regulations and more information can be found here -  Private fostering | CoramBAAF  

Private Fostering Regulations and National Minimum Standards  

Child arrangements orders are regulated by the following act: 

Child Arrangement Orders - Children Act 1989