Private fostering is a unique and often misunderstood area of family and child law in England and Wales. It refers to arrangements where a child under the age of 16 (or under 18 if they have a disability) is cared for continuously by someone who is not their parent or a close relative, for 28 days or more. Close relatives include grandparents, aunts, uncles, siblings, and step-parents by marriage or civil partnership, but not cousins, family friends, or even godparents.
These arrangements might arise for a variety of reasons. Parents working or studying abroad may entrust friends or acquaintances to care for their children temporarily. Teenagers might live with the family of a boyfriend or girlfriend. Sometimes these settings develop informally, without the participants grasping the full legal significance of what they are doing. But while these arrangements might seem benign or even generous, they exist in a legal grey zone that requires formal recognition and oversight to ensure the child’s welfare.
The legal framework seeks not to discourage private fostering, but to regulate it, so that children aren’t left without support, protection, or an advocate. For this reason, both parents and private foster carers must understand their legal obligations and the regulatory processes involved.
The Legal Basis in England and Wales
The key piece of legislation governing private fostering arrangements in England and Wales is the Children Act 1989, specifically parts of Schedule 8 and associated regulations, including the Children (Private Arrangements for Fostering) Regulations 2005. Statutory guidance issued under section 7 of the Local Authority Social Services Act 1970 also plays a crucial role by shaping how local authorities manage and monitor such arrangements.
The law is clear in its attempt to balance the rights of birth parents, private foster carers, and the child, but it places the well-being and safety of the child at the centre of all its concerns. It views local authorities as the public guardians, ensuring that children in private foster care receive adequate protection and support.
One key thing to remember is that private fostering is not the same as formal fostering through a local authority or fostering agency. In the latter case, the foster carers are formally approved and supported by the local authority, and children often come into their care through social services. By contrast, private fostering is a voluntarily arranged care placement between private individuals, and any local authority involvement comes into play only after notification of the arrangement has been made.
Obligation to Notify the Local Authority
Perhaps the most critical aspect of making a private fostering arrangement legally compliant is the duty to notify the local authority. This responsibility lies primarily with the proposed private foster carer, although the legal parents share a secondary responsibility to inform.
Notification should be given at least six weeks before the arrangement is due to begin. If the arrangement is made in an emergency or unexpectedly, then notification must be given as soon as possible, and definitely within 48 hours of the child moving in.
The local authority will then make enquiries to assess the suitability of the arrangement. This includes visiting the private foster carer’s home, speaking to those involved in the arrangement, and conducting safeguarding checks, including criminal records checks (Disclosure and Barring Service or DBS checks). They may also request personal references and assess whether the accommodation and caregiver are suitable to meet the child’s needs.
The arrangements cannot proceed, or continue indefinitely, without this notification and the subsequent assessment. It is important to understand that the local authority has the power to prohibit an arrangement or to impose requirements if it deems the setting unsuitable.
The Assessment and Ongoing Monitoring Process
Upon receiving notification, the local authority will assign a social worker to carry out an initial assessment. The social worker’s goal is not to interfere unnecessarily, but to ensure that the child is safe, well cared for, and properly supported. The assessment includes:
– Visiting the private foster home to evaluate health and safety, sleeping arrangements, emotional environment, and facilities
– Interviews with the private foster carer, members of their household, and the child (as appropriate for their age and understanding)
– Medical assessments and DBS checks where necessary
– Evaluating the financial stability of the household and the carer’s capacity to meet the child’s needs
After the assessment, the local authority will decide whether to allow the arrangement to continue or whether to impose specific conditions. They might, for example, require that the child not share a bedroom with an adult or that steps be taken to improve the home environment.
The local authority is legally required to visit the child within one week of the arrangement starting and then at least every six weeks for the first year. After that, visits must occur every 12 weeks unless deemed necessary more frequently. These are not just perfunctory check-ins; they are structured visits aimed at ensuring the continued well-being of the child. They offer an opportunity for the child to speak directly to someone outside the household if they have concerns.
Additionally, the local authority must keep comprehensive records of all private fostering arrangements in their area and report to the Department for Education on these annually.
Responsibilities of the Private Foster Carer
Private foster carers shoulder significant responsibilities. Beyond providing a safe and nurturing home, they must cooperate with social workers, facilitate visits, and provide ongoing information about the child’s welfare, education, health, and behaviour.
They are not legal guardians in the full sense of the term. Responsibility for major decisions, such as those relating to medical treatment, school admissions, or religion, still rests with the child’s birth parents unless a formal custody or parental responsibility order is in place. However, private foster carers are expected to manage the day-to-day care of the child, including feeding, clothing, ensuring school attendance, and responding to any emotional or behavioural issues.
They must also inform the local authority of any significant changes in circumstances, including if they plan to move house, if someone new moves in to the home, or if the arrangement ends.
Failure to fulfil these responsibilities can lead not just to the disruption of the private fostering arrangement but potentially to legal action, depending on the gravity of the breach and its impact on the child’s welfare.
Consent and Involvement of Birth Parents
Private fostering arrangements rely on the consent and active involvement of the child’s parents or legal guardians. They must continue to communicate with both the child and the private carer and should not use the arrangement as an excuse to abdicate responsibility.
They are expected to provide consent for routine matters, such as school trips, GP registration, and minor medical treatment, but also for more serious decisions regarding the child’s future. It is important for private foster carers and parents to create clear, written agreements that outline still-held parental responsibilities and expectations. These agreements should detail who is authorised to make decisions, how often the parent will be in touch or visit, financial arrangements, and what will happen in an emergency.
Children have a right to maintain contact with their parents unless there is a specific legal reason preventing this. Social workers will evaluate whether the child is receiving appropriate emotional support through this contact and whether any steps need to be taken to maintain family connections.
The Child’s Right to be Heard
In all private fostering situations, the child’s voice is paramount. The Children Act 1989 and accompanying guidance stress that children must be given appropriate opportunities to express their wishes and feelings about the arrangement.
Social workers have a legal duty to speak to the child alone (as appropriate) to understand their feelings and gauge whether they are comfortable in their private foster home. Children must be told about their rights, including how to raise complaints or access support if something is wrong.
Older children, especially those over the age of 12, often have strong views on where and with whom they want to live, and these must be taken into account. For example, a child may initially agree to stay with a friend’s parents but later feel unhappy or unsafe. These sentiments must not be ignored or minimised, and social work visits provide a valuable lifeline in that context.
Educational and Health Considerations
A legally compliant private fostering arrangement also needs to maintain continuity in education and health care. The child should be enrolled at school with appropriate provisions for their learning needs, be registered with a local GP, and have access to both preventive health care and psychological support if needed.
If a child has special educational needs or disabilities, the private foster carer must be familiar with their Education, Health and Care Plan (EHCP) and ensure that it is being implemented effectively.
Mental health is an often-overlooked concern. Children in private fostering may experience feelings of abandonment, confusion, or anxiety depending on the circumstances of their separation from parents. It is important that both carers and social workers monitor the child for signs of distress and offer referrals to specialist services where appropriate.
The Role of Local Authorities and Professional Support
Local authorities are tasked not only with oversight but also with enabling good practice. Many councils provide training and information sessions for private foster carers, offering advice on safeguarding, first aid, child development, and other key topics.
Although private foster carers are not paid in the same way as formal foster carers, local authorities can sometimes offer discretionary financial support, depending on the specifics of the case and local policy. This might cover clothing costs, school uniforms, or travel expenses involved in contact with the birth family.
Social workers act as a point of contact for any concerns that arise and can support both the carer and the child in managing challenges. Ideally, private fostering should be wrapped in a network of professional guidance and community awareness.
Promoting Awareness and Compliance
Despite its legal significance, private fostering remains surprisingly under-acknowledged. Many arrangements are never notified to local authorities because families simply do not realise they fall within the legal definition, or because they fear interference.
This presents a wide-reaching safeguard issue. Children living informally with unrelated adults without any external oversight are more vulnerable to neglect, exploitation, and abuse. Authorities, therefore, invest resources into public awareness campaigns targeted at schools, GPs, religious institutions, and community centres. These professionals are often first in line to spot potential private fostering arrangements and are under a statutory duty to notify the local authority if they suspect that a private fostering arrangement is in place without notification.
Teachers and health professionals should be trained to ask the right questions, particularly when enrolling a child in school or during health assessments. If a child appears to be living with someone other than a close relative for an extended period, further inquiry is warranted.
Conclusion
Legally compliant private fostering arrangements in England and Wales are characterised by transparency, oversight, and active cooperation between parents, carers, and local authorities. Ensuring compliance is not just a matter of paperwork; it is about protecting a child’s basic right to live in a safe, nurturing, and supportive environment.
Crucially, the legal mechanisms are not designed to replace or interfere with family arrangements unnecessarily but to support them with appropriate checks and guidance. Families and individuals considering a private fostering arrangement should always seek advice early, notify their local authority, and remain open to professional input.
By increasing awareness, engaging support systems, and centring children’s welfare, private fostering can be both a viable and secure way of meeting the real-life needs of many families across England and Wales.