North Ayrshire Health and Social Care Partnership

What is private fostering?

Private fostering is the term used when parents make arrangements with people who aren't close relatives, or officially approved foster carers, to care for their children for 28 days or longer.

If the child/children are to stay with this person(s) for 28 days or more at a time, then there are duties on the parent and carer under the Foster Children (Private Fostering) (Scotland) Regulations 1985 to notify the local authority.

A 'close relative' is defined as a grandparent, brother, sister, uncle or aunt.

In a private fostering arrangement there will be no statutory order in place, children’s services involvement or registered fostering agency involved in placing the child with the other person. As such, the child is not defined as a 'looked after child'.

Private fostering is often confused with informal kinship care, which is provided by close relatives of the child (through blood, marriage or civil partnership) who are not required to notify local authorities and not subject to the same checks and monitoring as private fostering.

The definition of formal kinship care states that a person who is known to the child and with whom the child has a pre-existing relationship can be approved by a local authority as a kinship carer if the child requires to be looked after. Such formal kinship care arrangements can include carers who are not close relatives.

Notifying the local authority

Once notified, local authorities have a duty to secure the wellbeing of every privately fostered child.

If you intend to make such an arrangement for the care of your child or children, or if you are due to take on the role of a private foster carer, please contact us on the details at the foot of the page

Social Work have a legal duty to check out your circumstances.

A social worker will:

• visit you and the child you are looking after - it is their job to make sure the child is safe and properly cared for, and that you have the help and advice you need
• contact the child’s parent or guardian about the circumstances and make a few other checks
• share all the information they receive with you and will visit you and the child from time to time
• be able to provide you with any advice and guidance you may need in looking after the child

Help and support

North Ayrshire Council recognises that private fostering can:

• make a positive contribution to many children's lives
• play a role in helping families through difficult times due to the likes of parental illness, parental job location change or family relationship difficulties

Although there is a duty on parents and carers to notify the local authority, there are a wide range of benefits in doing so. Parents and carers will be made aware of the support that they and the child or children may be entitled to.

Further information

Please consult the guidance for local authorities children's services.