Private Fostering

A private fostering arrangement is when a child under 16, or under 18 if they are disabled, is cared for and provided with accommodation for 28 days or more by an adult who is not a parent, a person with parental responsibility, or a close relative. The defining feature is that the arrangement is made privately, between the parents and the carer, without the local authority placing the child. It is set out in section 66 of the Children Act 1989.

Crucially, this is not the same as local authority foster care. No social worker has arranged it, no checks have been made, and unless someone notifies the local authority, no one in a safeguarding role may know the child is living there at all.

This is where most arrangements get missed, because people assume "family" means it does not count. The test is the legal definition of a close relative. A child living with a close relative is not privately fostered. A close relative means a grandparent, brother, sister, uncle or aunt (whether of full blood, half blood or by marriage or civil partnership), or a step-parent.

So a child living with a cousin or a great-grandparent is privately fostered, even though most families would describe that as "staying with family". That gap between everyday language and the legal definition is exactly why these arrangements slip through.

Privately fostered children are, by definition, living away from their parents in a home no one has checked. Most arrangements are made with love and work out well. But the category exists because some do not, and because a hidden child is a vulnerable child. The death of Victoria Climbié, who was privately fostered, was a central reason the notification system was strengthened. Private fostering can also be a route through which children are trafficked or exploited, the arrangement providing a respectable-looking cover.

The point of the notification duty is simple: it lets the local authority lay eyes on the child, satisfy itself that the arrangement is safe, and offer support where it is needed. None of that can happen if no one tells them.

Two duties run in parallel. First, the parents and the private foster carer are legally required to notify the local authority of the arrangement. Under the Children (Private Arrangements for Fostering) Regulations 2005, where the arrangement is planned, notification should be made at least six weeks before it begins; where it is already under way or arranged at short notice, it should be made within 48 hours.

Second, and this is the part that matters for schools, other professionals who become aware of a private fostering arrangement are expected to notify the local authority too, and to check that the family has done so. You should not assume the parents or carer have made the notification. In practice, very often they have not, because they do not know the duty exists.

Once notified, the local authority must satisfy itself that the welfare of the privately fostered child is being, and will be, satisfactorily safeguarded and promoted. That includes visiting the child, seeing them on their own where appropriate, checking the suitability of the carer and the arrangement, and offering advice and support. The duty continues for as long as the arrangement lasts, not just at the start.

Schools are one of the few services that see a child almost every day, which makes them one of the best-placed to spot a private fostering arrangement. Keeping Children Safe in Education expects staff to be alert to it. The practical steps are:

• Ask the right question at admission. Find out who the child actually lives with and their relationship to the adults named, not just an emergency contact.
• Notice changes. A new address, a different adult collecting the child, a change in who signs forms, or a child mentioning they are living with someone new.
• Notify, don't assume. When an arrangement looks like private fostering, tell the local authority. It is better to notify an arrangement that turns out not to qualify than to miss one that does.
• Keep safeguarding separate. Notification is not an allegation. But if you also have concerns the child is at risk, run them through the usual threshold and refer alongside notifying.

If a private fostering situation sits alongside wider worries, our Section 17 and Section 47 threshold checker and our guide to early help will help you decide what else needs to happen.