Formal & Informal Arrangements?

If you are caring for a younger brother or sister, one of the most important things to understand is what type of arrangement you have. Some sibling kinship care arrangements are agreed informally within the family. Others involve social services, fostering arrangements or a court order. The legal arrangement can make a significant difference to who has parental responsibility, who can make important decisions, what support you may receive and what financial help may be available. The information below explains some of the main arrangements. The rules can differ across England, Wales, Scotland and Northern Ireland, so it is important to get advice about your own circumstances.

Important: This page provides general information and is not legal advice. If you are unsure about your legal position, speak to your local authority, a social worker, a solicitor or a specialist kinship-care organisation.

 

Why might a child live with a sibling?

When a child cannot remain safely with their parents, local authorities should consider whether the child can be cared for within their existing family and wider network. In England, statutory guidance states that local authorities should consider family members, friends and other people connected to the child when making arrangements for their care (Department for Education, 2024). This reflects the importance of maintaining children's existing relationships and avoiding unnecessary disruption. Kinship care can provide children with continuity, familiarity and a connection to their family, identity and community (Department for Education, 2024). A sibling may therefore become the child's carer because their parent is unable to provide care due to circumstances such as illness, bereavement, substance misuse, domestic abuse, imprisonment, neglect or other difficulties.

What does "parental responsibility" mean?

Parental responsibility is an important legal concept in kinship care. In England and Wales, the Children Act 1989 defines parental responsibility as the legal rights, duties, powers, responsibilities and authority a parent has in relation to their child and the child's property (Children Act 1989, s.3). Having parental responsibility generally means having legal authority to make important decisions about a child's upbringing. These can include decisions about education, healthcare and other significant aspects of the child's life.

A child's mother will normally have parental responsibility from birth. A father may also have parental responsibility depending on his circumstances, including whether he is married to the mother or is registered on the child's birth certificate. Parental responsibility can also be obtained through agreement or a court order (Children Act 1989; Dickens et al., 2019). Being the person who looks after a child does not automatically mean that you have parental responsibility. This is particularly important for sibling carers.

What is an informal kinship care arrangement?

An informal kinship care arrangement is generally where a child lives with a relative or someone connected to them without the carer having obtained a court order giving them parental responsibility. For example, a younger sibling might move into an older brother or sister's home because their parent is unable to care for them. The family may agree between themselves that the older sibling will provide day-to-day care. In an informal arrangement, the child's parent or another person who holds parental responsibility normally retains the legal authority to make important decisions about the child (Department for Education, 2024).

This can include decisions about:

• medical treatment

• education and school arrangements

• holidays and travel

• school trips

• important financial matters

• other significant decisions about the child's upbringing.

The older sibling may make many ordinary, day-to-day decisions as part of caringfor the child. However, more significant decisions may need to be made by the person who has parental responsibility. This can become particularly difficult if the child's parent is absent, unwell, estranged from the family or unwilling or unable to make decisions.

Does an informal arrangement mean social services are not involved?

Not necessarily. An informal kinship arrangement can exist without the child being "looked after" by the local authority. However, local authorities still have responsibilities towards children and families where there are concerns about a child's welfare or where support may be needed (Department for Education, 2024). In England, there are also circumstances where an arrangement may fall within the legal definition of private fostering. For example, where a child under 16 (or under 18 if disabled) is cared for by someone who is not a close relative for more than 28 days, notification requirements may apply (Children Act 1989; Department for Education, 2024). The rules about who counts as a "relative" and when a local authority must be notified can be complicated. If you are caring for a younger sibling, it is sensible to contact your local authority and ask whether the arrangement needs to be notified or assessed.

What is a formal kinship care arrangement?

A formal arrangement usually means that the child's care has been recognised through children's social care, fostering or a legal order. There are several different types of formal arrangement. The right arrangement depends on the circumstances of the child and family.

These can include:

• kinship fostering

• a Child Arrangements Order

• a Special Guardianship Order

• adoption

• arrangements made under children's social care legislation where the child is looked after by the local authority.

The legal consequences of each arrangement are different.

Kinship fostering

A child may become a looked-after child and be placed with an older sibling who is assessed and approved, or temporarily approved, as a foster carer.

In this situation, the local authority has legal responsibility for the child's care and the sibling carer is responsible for providing day-to-day care in accordance with the child's placement plan.

The local authority continues to hold parental responsibility where a care order is in force, and important decisions may therefore need to be referred to the local authority (Children Act 1989; Department for Education, 2010).

Kinship foster carers should receive support from the local authority and may be entitled to fostering allowances and other support available to foster carers, subject to the relevant rules and circumstances (Department for Education, 2024).

This can be particularly important for sibling carers because they may suddenly have responsibility for a younger brother or sister without having planned or prepared for becoming a foster carer.

Child Arrangements Orders

A Child Arrangements Order (CAO) is a court order that sets out arrangements about who a child lives with and/or spends time with. Child Arrangements Orders replaced Residence Orders and Contact Orders in 2014. A CAO can name an older sibling as the person with whom the child is to live. In certain circumstances, the person named in the order can acquire parental responsibility (Children Act 1989, s.12). Where a sibling has parental responsibility under a Child Arrangements Order, they can make decisions about the child's care within the limits of the order and the law. However, a Child Arrangements Order does not generally remove parental responsibility from the child's parents. This means that the legal position can be different from a Special Guardianship Order.

Special Guardianship Orders

A Special Guardianship Order (SGO) is a court order intended to provide a child with a stable, long-term home within their family or wider network. A Special Guardian has parental responsibility for the child and can generally exercise that responsibility to the exclusion of anyone else with parental responsibility, subject to the limits set by law and the terms of the order (Children Act 1989, s.14C). This means that a sibling who becomes a Special Guardian will usually have significant authority to make decisions about the child's upbringing. However, an SGO does not completely end the child's legal relationship with their birth parents. Birth parents normally retain parental responsibility, although the Special Guardian has enhanced authority to make decisions. There are also certain decisions where additional consent or court involvement may be required—for example, some decisions about changing a child's name or taking a child out of the UK for an extended period (Children Act 1989; Department for Education, 2017). An SGO is therefore different from adoption.

Adoption

Adoption is different from other kinship arrangements because it transfers the child's legal parenthood to the adopters. Once an adoption order is made, the adopters become the child's legal parents and parental responsibility is transferred to them (Adoption and Children Act 2002). For a sibling carer, adoption is therefore a fundamentally different legal arrangement from fostering, a Child Arrangements Order or Special Guardianship.

Adoption can have significant implications for the child's legal relationship with their birth family and should only be considered following specialist assessment and advice.

What happens if social services become involved?

If children's social care becomes involved, the legal position depends on why the local authority is involved and what decisions have been made about the child.

For example, a child may receive support as a child in need under section 17 of the Children Act 1989 without becoming a looked-after child. Alternatively, a child may become looked after by the local authority. This can happen through a voluntary arrangement under section 20 of the Children Act 1989 or following a court order. Where a child is looked after by the local authority and placed with an older sibling, the sibling may be assessed as a kinship foster carer (Department for Education, 2024). If a court makes an interim or full care order, the local authority acquires parental responsibility for the child, although this does not necessarily remove parental responsibility from the parents (Children Act 1989, ss.31 and 38). The sibling carer will generally make day-to-day decisions while the local authority remains responsible for the child's care and important decisions.

What about emergency arrangements?

Sometimes a child needs somewhere safe to live immediately. An older sibling may step forward at very short notice, sometimes before a long-term arrangement has been decided.

Where this happens, it is important to tell children's social care about the situation if there are safeguarding concerns or the child needs support. A sibling should not feel that they have to manage an emergency placement alone. The local authority should consider the child's immediate safety and welfare, the sibling's ability to provide care and what support is needed (Department for Education, 2024).

Does the type of arrangement affect financial support? Yes.

One of the biggest differences between formal and informal kinship care can be the support available. However, there is no single financial entitlement that applies to every kinship carer. Support depends on the child's circumstances, the legal arrangement, the local authority and, in some cases, the carer's financial circumstances (Department for Education, 2024). Kinship foster carers may be entitled to fostering allowances and other support associated with fostering. Special Guardians and people with Child Arrangements Orders may be able to receive financial assistance in certain circumstances, particularly where the child was previously looked after or where a local authority has assessed a need for support (Department for Education, 2024). Children who are assessed as children in need may also receive support from their local authority under section 17 of the Children Act 1989. Financial assistance under section 17 is generally discretionary and depends on the circumstances of the child and family.

In informal arrangements, the parent or parents who have parental responsibility remain legally responsible for supporting their child. Depending on their circumstances, a kinship carer may also be able to claim certain benefits or other financial support. Do not assume that you are not entitled to financial help because your arrangement is informal. It is worth asking your local authority and a benefits or welfare adviser to assess your individual circumstances.

Why does the legal arrangement matter?

The legal status of your arrangement can affect:

Who makes decisions: You may be able to make everyday decisions but need permission from someone with parental responsibility for important decisions.

Who has parental responsibility: A sibling carer does not automatically acquire parental responsibility simply because they are providing the child's day-to-day care.

What support you can receive: Access to financial, practical and emotional support can vary depending on the child's legal status and the type of placement (Department for Education, 2024).

What happens if the parent disagrees: Where the parent retains parental responsibility, disagreements about education, healthcare, travel or other important decisions can be particularly difficult for an informal sibling carer.

What happens in the future: A temporary family arrangement can sometimes continue for months or years. Understanding your legal position early can help you make informed decisions about the child's future.

What should I do if I am caring for my sibling?

If you have become responsible for a younger brother or sister, you do not need to wait until there is a crisis before asking for advice.

You may want to ask:

• What is the legal status of our arrangement?

• Does my sibling have "looked after" status?

• Who currently has parental responsibility?

• Can I make decisions about healthcare and education?

• Do I need to be assessed as a foster carer?

• What financial support could I receive?

• Does the local authority have a duty to assess or support us?

• Would a Child Arrangements Order or Special Guardianship Order be appropriate?

• What happens if our parent disagrees with decisions I make?

• What happens when my younger sibling turns 18?

It is particularly important to ask these questions if you expect to care for your sibling for a long time.

The most important thing to remember

·      There is no single type of sibling kinship care.

·      Two siblings may both be caring for younger brothers or sisters but have completely different legal rights, responsibilities and access to support.

·      An informal family arrangement, kinship foster placement, Child Arrangements Order and Special Guardianship Order are not interchangeable.

·      If you are caring for a younger sibling, knowing what arrangement you have is an important first step in understanding your rights and getting the support you need.

·      At Sibling Kinship, we believe sibling carers should not have to navigate complicated legal and social-care systems alone.

Sources and further reading

England

Children Act 1989, particularly sections 3, 12, 17, 20, 31, 38 and 44. The Act providesthe main legal framework for parental responsibility, children in need, looked-after children, care orders and Child Arrangements Orders in England and Wales.

Department for Education (2024). Kinship care: statutory guidance for localauthorities. This is the current statutory guidance for local authorities in England and explains the duties and expectations relating to children in kinship care andkinship carers. GGOV.UK+1

GOV.UK – Kinship care: guidance for local authorities

Department for Education (2010). Children Act 1989: Care Planning, Placement and Case Review – Volume 2. Guidance relating to looked-after children, care planning and placements. GGOV.UK

GOV.UK – Children Act 1989: care planning, placement and case review

Department for Education (2017). Special Guardianship Guidance. Statutory guidance relating to Special Guardianship Orders in England. GGOV.UK

Department for Education (2011). Children Act 1989: Family and Friends Care.Although this guidance has now been superseded by the 2024 Kinship Care guidance, it remains a useful source for the historical development of family and friends care. GGOV.UK

Wales

Kinship care in Wales operates under a different legal and social-care framework, including the Social Services and Well-being (Wales) Act 2014.

The Welsh Government's Code of Practice on Special Guardianship provides guidance on Special Guardianship Orders and the responsibilities of local authorities. GGOV.WALES+1

The Welsh Government has also been reviewing its kinship, fostering and SpecialGuardianship frameworks, with further changes under consideration during 2025–2026. GGOV.WALES+1

Welsh Government – Special Guardianship Orders: Code of Practice

Scotland

Scotland has its own legal and social-care framework. The Scottish Governmentdefines kinship care as arrangements where a child unable to live with their birth parent lives with a relative or another person with a pre-existing relationship with them, such as a sibling or close family friend.

Scottish guidance recognises both looked-after kinship care and informal kinship care arrangements. SScottish Government

Scottish Government – Kinship care

Northern Ireland

Kinship care in Northern Ireland is governed by a separate legal and social-care framework, principally the Children (Northern Ireland) Order 1995 and associated regulations and guidance.

The Department of Health describes kinship care as arrangements where a looked-after child is placed with a relative, friend or another person with a prior connection to the child. Department of Health

Northern Ireland also has Minimum Kinship Care Standards, which recognise the particular role of family and friends carers. Department of Health

Northern Ireland Department of Health – Kinship care

Other useful sources

Dickens, J., et al. (2019). Research and legal commentary concerning parental responsibility and kinship care.

Davis, C. (2014). Research concerning legal arrangements and support for kinship carers.

Geen, R. (2004). Research concerning kinship care and the experiences of relatives caring for children.

Holland, S., et al. (2005). Research concerning kinship care, legal status and family relationships.

Roth, D., et al. (2011). Research concerning kinship care and the identification and support of kinship carers.

Selwyn, J. (2010). Research concerning kinship care, fostering and children’s social care.

Welbourne, P. (2012). Research concerning kinship care, legal status and support.

European Convention on Human Rights, Article 8. Article 8 protects the right to respect for private and family life, subject to the circumstances and limitations set out in the Convention.

Need help understanding your arrangement?

If you are caring for a younger sibling and you are not sure whether your arrangement is formal or informal, or what your legal rights are, it is important to seek advice.

Your legal position can affect decisions about your sibling, financial support, involvement with social services and what happens in the future.

You do not have to understand the legal system before asking for help.