Civil Legal Aid
An overview of the legal aid system and related eligibility criteria.
This note provides information on the different types of fostering arrangements available, and the arrangements for taking a child into care.
Fostering – long-term, emergency, temporary and private placements; and care orders (115KB PDF)
A fostering arrangement is different to adoption. When a child is adopted, legal responsibility sits entirely with the new parents, as if the child had been born to them. Fostering is not such a dramatic step: a fostered child, even one who is in the care of a local authority, can return to their birth parents if the circumstances are appropriate. Alternatively, fostering can be a staging post to adoption (for example, until suitable adoptees are matched).
If a child is taken into the care of a local authority, then the local authority might place the child with foster carers. Such foster carers have to be approved by the local authority or a fostering agency, unless it is a temporary placement. Approval is a detailed process, culminating in a fostering panel considering a person’s suitability to foster, and making a recommendation to the fostering service.
For children not in the care of a local authority, a private fostering arrangement can be made. This is an arrangement lasting at least 28 days where the foster carer is someone other than a parent, relative, or someone who has parental responsibility for the child.
The local authority must be notified of such an arrangement; notification must include details of the child and the foster carer and a local authority officer must regularly visit the child. The local authority has the power to prevent or stop a private fostering arrangement.
However, there is no need to notify the local authority of a private fostering arrangement if it intended to be less than 28 days in duration, or if the arrangement is with a parent, relative (grandparent, brother, sister, uncle or aunt) or person with parental responsibility for them.
In addition to a private fostering arrangement, a relative such as a grandparent, can seek to foster their grandchild if the child is in care. They can become a local authority foster carer if they gain approval, or offer a temporary placement for 16 weeks without needing approval.
The Library Standard Note Support for family and friends carers looking after children (SN/SP/2967) might also be of interest, which also includes details of support available to local authority foster carers.
Fostering – long-term, emergency, temporary and private placements; and care orders (115KB PDF)
An overview of the legal aid system and related eligibility criteria.
Information on the safeguarding duties of English schools, governing bodies and staff, including during recruitment, and in dealing with allegations
There will be a Westminster Hall debate on 15 October 2026 on Support for unpaid carers. The debate will be led by Alison Bennett MP.