Looking after someone else's child

Family and friend’s care 

Most children are brought up by one or both of their parents, but where this isn’t possible some children and young people are cared for full time by a relative or friend.

Sometimes a relative or friend will be approved as a local authority foster carer, but the majority will be looking after children under different arrangements.

Family and friends carers play a significant role, allowing a child or young person to stay in the care of someone they know and trust. This is often at a time when things at home are not going well, or the local authority may be involved and have concerns regarding the children’s safety.

The local authority have a duty to help and support family members and friends who are looking after someone else's child. The type of help and support offered will depend on the needs of the child and the nature of the arrangements that parents or the local authority have made with extended family or friends.
Within the local authority the family and friends team carry out most of the assessments alongside children social work teams within the city.

There is also several support groups and training on offer both during assessments and following orders being granted.

Please contact us to find out more information regarding these. 

Informal family and friends arrangements

Where a child cannot be cared for within their immediate family, the family and parents may make their own arrangements to care for the child within the family and friends network.

These arrangements do not need to be agreed by the local authority but help and support may be available depending on the child's needs. These arrangements can be sort term or long-term arrangements. Whilst some arrangements might remain informal, a court order may be required to make this a more formal arrangement, you as a family can make these decisions and seek your own legal advice regarding this. 

Private fostering

Private fostering is the term used to describe an arrangement made privately (that is without the involvement of a local authority) between a child's parents and a carer of their choice.

If a child aged under 16 years (or under 18 years if they are disabled) stays with people who are not related to them for 28 days or more, this is known as a private fostering arrangement and special rules apply. A child is considered to be in private foster care if they are in the full-time care of someone who is not directly related, nor is a legal guardian, for a total of 28 days or longer. The period of 28 days does not have to be continuous. If, for example, a child regularly stays with a school friend's family and this arrangement adds up to 28 days or longer, after which he or she returns home to the full-time care of their parents, then this would not be a private fostering arrangement. However, if a child is cared for by a non-relative or legal guardian but returns to the parent at weekends, then this is a private fostering arrangement.

Privately fostered children and young people may:

• have parents living or working abroad
• be sent to the UK to study at state or language schools
• live with another family because they have problems at home
• be estranged from their own family
• be at independent schools and not returning home during school holidays

Children who are on weekend or holiday visits do not count as being privately fostered.

If you are unsure if your situation is private fostering contact our First Contact Team tel: 01332 641172  or email: PrivateFostering@derby.gov.uk to discuss it.

Private fostering and childminding

Private fostering is different from child minding in that the child in foster care lives with the carer. Childminders can only offer daily care and occasional overnight stays.

Private fostering arrangements are used by some parents to meet the needs of their children. Such agreements are acceptable providing specific guidelines are followed for the protection of the child, the parents and the carers.

Some teenagers may choose to live with another family who agrees to care for them. The same rules apply.

Notifying the local authority

There are a variety of reasons why a parent may be unable to care for their own child on a short or long-term basis and a private fostering arrangement can be a positive response from friends and the local community to a family in need of support.

However, any child separated from their parents is potentially vulnerable and the local authority has a responsibility to make sure the alternative care they receive is suitable.

By law, the local authority must be told about all private fostering situations. The child's parents, private foster carers and anyone else involved in the arrangement are legally required to inform the council immediately. Professionals, such as teachers, doctors or religious leaders, who are made aware of a privately fostered child, should also inform the council immediately. Many people don't know that they must do this, which means the necessary arrangements to ensure the child or young person is safe are not being made.

People involved in private fostering must contact the local authority in the following timescales:

• if the child is not yet living with private foster carers – 6 weeks beforehand
• if the child moves in with private foster carers in less than 6 weeks – immediately
• if the child is already living with private foster carers – immediately

Once informed, we will work in partnership with the child, parents and private foster carer to make sure that the best possible arrangements are in place for the child. This includes:

• visiting the child and private foster carer
• helping to make sure that the child's racial, cultural, linguistic and religious needs are met
• offering advice and support to the child, their parents and private foster carer

Family and friends foster care 

Family and friends foster care is also known as connected person's foster care, and formerly known as kinship foster care.

A connected person is a relative, friend or other person connected with a child. For such placements the national minimum standards for foster care will apply and the connected person must be fully assessed as a foster carer for the child by 24 weeks of the placement being agreed with the local authority. A head of service within the local authority will agree regulation 24 of such placement whilst the assessment is being completed. The assessment of the carers will be completed by a fostering social worker.

The carers will be offered training and support during this assessment known as skills to foster.

The local authority will be sharing parent responsibility with birth parents via another court order in place where it has been identified that the child is at immediate harm in the care of their birth parents and can no longer remain in their care. 

Child arrangements orders

Child arrangements orders were formerly known as residence orders.

A child arrangements order (CAO) is a court order which gives parental responsibility to the person in whose favour it is made, usually lasting until the child is 18.

Parental responsibility is then shared with the parents, but it gives the holder the right to have the child live with them.

Carers can apply to the courts themselves to seek a CAO, this does not need the intervention of the local authority. Should the court request an assessment they will order either CAFCASS (children and family court advisory support service) or the local authority to complete an assessment to support the granting of the order. 

Special guardianship orders 

Special guardianship is considered when there are no plans for a child to return to live within the care of birth parents.

It can offer greater security without absolute severance from the birth family as in adoption. It gives the carer greater parental responsibility and the right to have the child live with them.

Special guardianship orders can only be granted within the court and the local authority must complete the assessment and present this to the court. The carers can apply to the courts themselves to seek a Special guardianship order and the courts will then notify the local authority giving notice of the assessment to be completed. Also, during care proceedings special guardship assessments can be ordered and granted at the end of these proceedings. 

Contact us and further information

For more information, please contact the family and friends team by email, sgo.support@derby.gov.uk or you can telephone to be put through to a duty worker on 01332 643867.

Further information about family and friends care (also known as kinship care) can be found on the Kinship website.

Cafcass advises the family courts about the welfare of children and what is in their best interests.

For free legal advice you can contact studentlegaladvicecentre@derby.ac.uk part of Derby University student legal advice centre. 

Derby and Derbyshire Safeguarding Children Partnership website