When a child cannot remain safely with their parents, kinship care offers an important alternative to foster care. In Kinship Care UK, relatives or close family friends step in to provide stability and support, keeping children connected to their family, culture, and community.

This article explains how kinship care works in the UK, what a Special Guardianship Order is, and how you can formalise your role as a carer. It also outlines the legal responsibilities involved and what kind of support is available. Whether you’re caring for a grandchild, niece, nephew, or a friend’s child, it’s important to understand your rights and options.

What Is Kinship Care UK?

Kinship care in the UK refers to the care of children by relatives or close family friends when their parents are unable to look after them. This might happen because of issues such as substance misuse, mental health difficulties, domestic abuse, or involvement in care proceedings.

Unlike traditional foster care, kinship care allows children to live with someone they already know and trust. This continuity can help children feel more secure and maintain relationships with siblings, extended family, and their local school.

Kinship carers are often:

• Grandparents

• Aunts or uncles

• Older siblings

• Family friends or godparents

There are different types of kinship care arrangements, ranging from informal family agreements to legally formalised roles under court orders. The type of arrangement you have will affect your legal rights, financial support, and responsibilities.

Informal Kinship Care vs. Legal Orders

Some families arrange for children to live with relatives without involving the local authority or the courts. While this can work well, it does not give the carer legal parental responsibility. This can create difficulties with decisions around schooling, medical care, or applying for benefits.

If the local authority is involved, or if the arrangement is expected to be long-term, it’s often best to seek a formal legal arrangement. There are a few legal routes, including:

• Child Arrangement Orders

• Special Guardianship Orders

• Fostering under the local authority

Each option has different implications. A child arrangement order form can be used to apply for a court order stating where the child should live, but it doesn’t always provide long-term security or full parental rights.

What Is a Special Guardianship Order?

A Special Guardianship Order (SGO) is a court order that places a child with a relative or close friend on a long-term basis. The special guardian is given parental responsibility, which allows them to make important decisions about the child’s care, education, and health.

Unlike adoption, a Special Guardianship Order does not completely remove the birth parents’ parental responsibility. However, it does give the special guardian the final say in most decisions, even if the birth parents disagree.

Special guardianship is often used in kinship care UK arrangements where it is felt to be in the child’s best interests to remain with a family member long term, but maintaining some legal connection to the birth parents is still appropriate.

Who Can Apply for a Special Guardianship Order?

You can apply for a Special Guardianship Order if:

• You are a relative or close family friend

• The child has lived with you for at least one year immediately before the application

• You are a local authority foster carer who has cared for the child for over a year

• You have the court’s permission to apply

In care proceedings, a relative might be assessed by the local authority as a kinship carer. If this assessment is positive and the child is placed with you, the local authority may recommend that you apply for a Special Guardianship Order before proceedings end.

What Responsibilities Does a Special Guardian Have?

As a special guardian, you are responsible for:

• Making day-to-day decisions about the child’s welfare

• Managing their education and health needs

• Providing a stable, secure, and safe home environment

• Maintaining contact (where appropriate) with the child’s birth family

You are not expected to do this alone. The local authority is required to prepare a Special Guardianship Support Plan, which sets out what help will be available to you. This may include financial support, access to therapeutic services, and advice on managing contact with the child’s parents.

What Support Is Available for Kinship Carers?

Kinship carers, especially those with Special Guardianship Orders, may be entitled to a range of support, including:

• Financial assistance, such as allowances similar to fostering payments

• Legal advice, often funded by the local authority during care proceedings

• Parenting support services or help accessing school and healthcare

• Contact arrangements support if the child continues to see their birth parents

If you are considering applying for a Special Guardianship Order, it’s important to speak to a solicitor who understands public law proceedings and child protection law. A solicitor can help you navigate assessments, court forms, and local authority negotiations.

Kinship Care and Legal Aid

In some cases, kinship carers can receive legal aid, especially during care proceedings or when challenging a negative assessment by the local authority. While legal aid for Special Guardianship applications is not automatic, financial support may still be provided by the local authority.

You should keep all paperwork related to your assessment and request written confirmation of any support offers. A solicitor can help determine if you qualify for legal aid and ensure you receive the correct advice before agreeing to any legal order.

Final Thoughts: Securing a Child’s Future Through Kinship Care

Kinship care UK arrangements allow children to remain with trusted family members when their parents cannot look after them. It is often the preferred option by courts and social services because it helps preserve relationships and provides continuity in a child’s life.

If you’re caring for a child or have been asked to consider it, you may need to formalise the arrangement through a Special Guardianship Order or another legal route. This can give you the authority you need to meet the child’s needs and access the support you’re entitled to.

The process can be complex, but with the right legal advice and support, many relatives and close friends successfully step into this vital role and make a lasting difference in a child’s life.

Speak to a Specialist in Kinship Care and Special Guardianship

At Berkson Family Law, we have years of experience supporting relatives and friends caring for children through kinship care, Special Guardianship Orders, and public law proceedings. Whether you’re just starting the process or already involved in care proceedings, our solicitors can guide you every step of the way.

Contact us today for a free, confidential consultation.
Phone: 0151 236 1234
Email: info@berksonfamilylaw.co.uk