Kinship rights are the legal rights, responsibilities, and entitlements of relatives who take care of a child instead of the child’s parents. In England and Wales, this could be grandparents, aunts and uncles, older siblings, or any other family member stepping in to provide a loving and safe home for the child. Kinship happens through several legal routes, including Child Arrangements Orders, Special Guardianship Orders or a formal fostering arrangement authorised by the local council.
When parents are unable to care for their child, kinship care can help keep them within the wider family network. However, not all kinship carers have the same rights. Some have full parental responsibility for the child, whilst others care for the child informally with no legal powers. If you’re a relative caring for a child, you’ll need to know your kinship rights to understand who has decision-making powers, financial entitlements and security for the future of the child.
What is meant by kinship rights?
Kinship rights refer to the legal rights and obligations that relatives have when caring for a child who can’t be looked after by their parents. They determine what decisions the carer can make, whether they have parental responsibility and what support they may be entitled to.
Who can be a kinship carer?
Kinship carers are usually a family member, such as grandparents, an aunt, an uncle, older siblings or another relative. The important thing is that they have an existing relationship with the child and are willing to care for them.
Do kinship carers automatically have parental responsibility?
Not necessarily. It will depend on what the legal arrangement is. Kinship carers who have a Special Guardianship Order automatically have parental responsibility. The same applies if they have a Child Arrangements Order. However, if they look after the child informally, then they do not have parental responsibility unless the Court orders otherwise.
What legal options give kinship carers rights?
The main legal routes are a Child Arrangements Order, a Special Guardianship Order or becoming approved as a family and friends foster carer through your local authority. All 3 give different rights and levels of support.
Do kinship carers qualify for financial assistance?
Possibly. If you become a kinship carer, your local authority may offer you a package of support, allowances and practical assistance, but this depends on whether the placement is formal or informal. Kinship foster carers will qualify for fostering allowances. Those caring informally may need to claim benefits or ask the local authority for discretionary support.
What is the difference between kinship care and fostering?
Kinship care involves a child being cared for by family members or close family friends. This can be informal or formal, whereas fostering is regulated by the local authority. Kinship foster carers will have to undergo assessment and approval by the local authority, which will then allow them to receive fostering support and allowances.
Can kinship carers make decisions about school or medical treatment?
That depends on whether you have parental responsibility for the child. If you have obtained a Special Guardianship Order or Child Arrangement Order, you can make decisions about important aspects of their life. Otherwise, parental consent or a court order may be needed.
Is kinship care preferred over adoption or fostering?
In an ideal world, yes, as it keeps children within the extended family network. Everything is considered on a case-by-case basis, dependent on safeguarding, capacity, and what is in the child’s best interest.
How can I apply for legal rights as a kinship carer?
Family members can make an application to the family court to ask for an order which gives parental responsibility or regulates where a child lives. Legal advice is strongly recommended to identify the correct route and secure appropriate support.