Grandparents & Kinship Care in England & Wales – Full Guidance
Kinship care happens when a child is raised by:
Grandparents
Aunts/uncles
Older siblings
Family friends
Connected persons
instead of their parents.
This area overlaps with:
Family law
Social services
Safeguarding
Child arrangements
Special guardianship
Adoption
Benefits and housing
The main law is:
Children Act 1989
1. What Is Kinship Care?
Kinship care means a child lives with someone they already know because their parents cannot safely care for them.
Examples:
- Parent illness
- Domestic abuse
- Addiction
- Prison
- Death
- Neglect
- Safeguarding concerns
Official kinship information:
Kinship UK
2. Grandparents’ Legal Rights
Grandparents do not automatically have legal rights to see grandchildren in England & Wales.
However, grandparents can:
- Apply for contact
- Apply for children to live with them
- Seek parental responsibility
- Become special guardians
- Become foster carers
- Apply for adoption in some situations
Official parliamentary guidance:
Grandparents’ Rights Guidance
3. Types of Kinship Care Arrangements
A. Informal Family Arrangement
No court order.
Grandparents/family simply care for child informally.
Parents usually retain:
- Parental responsibility
- Legal decision-making powers
This can create problems with:
- Schools
- Medical consent
- Benefits
- Passports
B. Child Arrangements Order (CAO)
A Family Court order stating:
- Child lives with grandparent/relative
This gives the carer:
Parental Responsibility
while the order remains active.
Official form:
C100 Child Arrangements Form
C. Special Guardianship Order (SGO)
One of the most important kinship orders.
A Special Guardianship Order:
- Gives long-term stability
- Gives enhanced parental responsibility
- Usually lasts until child is 18
The special guardian can make most decisions without needing parental agreement.
Official guidance:
Become a Special Guardian
Detailed support guidance:
Special Guardianship Guidance (Kinship)
4. Who Can Apply for a Special Guardianship Order?
You must:
- Be over 18
- Not be the child’s parent
Grandparents commonly apply.
Official eligibility rules:
Who Can Apply for SGO
5. How Special Guardianship Works
Special guardians receive:
- Parental responsibility
- Decision-making authority
- Long-term care rights
Parents usually:
- Keep parental responsibility
- Lose primary control
Special guardians generally have the “final say” on most day-to-day issues.
6. Special Guardianship vs Adoption
Birth parents keep PR
Usually yes Special Guardianship
No Adoption
Child legally remains in birth family
Yes Special Guardianship
No
Long-term stability
Yes Special Guardianship
Yes Adoption
Child’s surname changes automatically
No Special Guardianship
Often Adoption
Usually used for relatives
Commonly Special Guardianship
Less common Adoption
Official guidance:
Cafcass Special Guardianship Orders
7. Family Court Process
Most applications go through:
Family Court
Common forms:
- C100
- C1A (harm/domestic abuse allegations)
- Special Guardianship applications
8. Social Services & Kinship Care
Local authorities may:
- Assess grandparents
- Support kinship placements
- Conduct safeguarding investigations
- Recommend Special Guardianship
Assessments usually consider:
- Safety
- Housing
- Financial stability
- Child welfare
- Criminal checks
9. Kinship Foster Care
Some grandparents become:
Family & Friends Foster Carers
This usually occurs when:
- Child is looked after by local authority
- Care proceedings are ongoing
Kinship foster carers may receive:
- Financial support
- Training
- Allowances
Official guidance:
Family and Friends Care Statutory Guidance
10. Financial Support for Kinship Carers
Possible support includes:
- Child Benefit
- Universal Credit
- Guardian’s Allowance
- Special Guardianship support
- Local authority allowances
Recent government pilots expanded kinship financial support in some areas.
Official benefits guidance:
Benefits for Kinship Carers
11. Guardian’s Allowance
May apply if:
- Parent died
- Child lives with relative
Official guidance:
Guardian’s Allowance
12. Housing & Kinship Care
Kinship carers may need:
- Larger housing
- Housing benefit help
- Council rehousing support
Housing support:
Shelter UK
13. Schools & Medical Decisions
Without parental responsibility, grandparents may struggle with:
- School admissions
- Medical consent
- Passports
- Education decisions
Court orders help formalise authority.
14. Cafcass & Kinship Care
Children and Family Court Advisory and Support Service may:
- Interview family members
- Assess child welfare
- Recommend placements
- Investigate safeguarding issues
Official site:
Cafcass
15. Safeguarding & Kinship Care
Courts and social services prioritise:
Child welfare
Main concerns include:
- Domestic abuse
- Neglect
- Substance misuse
- Mental health
- Stability
- Emotional harm
Main safeguarding guidance:
Working Together to Safeguard Children
16. Emergency Situations
Grandparents may need urgent orders if:
- Parent disappears
- Child abandoned
- Child at immediate risk
- Police/social services involved
Possible emergency applications:
- Emergency Child Arrangements Order
- Prohibited Steps Order
- Recovery Order
- Interim Care Arrangements
17. Contact Between Child & Parents
Courts often encourage:
- Safe ongoing family contact
- Supervised contact if necessary
However courts can:
- Restrict contact
- Supervise contact
- Stop contact if unsafe
18. Kinship Care During Care Proceedings
If social services begin:
Care Proceedings
grandparents/family members may be assessed as:
- Connected persons
- Potential special guardians
- Alternative carers
Official court guidance:
Care Proceedings Guidance
19. Evidence Grandparents Should Keep
Useful evidence includes:
- School records
- Medical records
- Contact logs
- Financial records
- Social services communications
- Police references
- Child care history
Chronologies are especially important.
20. Can Parents Remove the Child Later?
Depends on the arrangement.
Informal Arrangement
Parents may usually reclaim care.
Child Arrangements Order
Court involvement required.
Special Guardianship
Much harder to reverse. Courts require strong reasons.
21. Legal Aid
Legal aid may sometimes be available for:
- Care proceedings
- Domestic abuse
- Special guardianship advice
- Child protection cases
Official checker:
Check Legal Aid Eligibility
Find solicitor:
Find a Legal Aid Adviser
22. Main Forms
C100
Child arrangements applications.
C100 Form
C1A
Domestic abuse/harm allegations.
C1A Form
Special Guardianship Guidance
Special Guardianship Official Guidance
23. Important Organisations
Kinship
Major UK kinship care charity.
Family Rights Group
Supports relatives and kinship carers.
Grandparents Plus / Kinship
Now merged into Kinship.
Citizens Advice
Citizens Advice Family Guidance
24. Common Problems Kinship Carers Face
- Lack of financial support
- Delayed assessments
- Conflict with parents
- School/medical authority issues
- Housing shortages
- Court costs
- Emotional stress
- Trauma in children
25. Important Practical Advice
Keep Everything Documented
Save:
- Emails
- School communications
- Medical evidence
- Social worker records
Ask for Written Support Plans
Especially for:
- Special Guardianship
- Financial support
- Therapy support
Focus on Child Welfare
Courts prioritise:
- Stability
- Safety
- Emotional wellbeing
26. Key Official Resources
