Guardianship, residence and kinship care — the legal options for relatives raising children
REVIEWED BY: Sean McNamara on 2026-08-29
When a child can't live with their parents
Sometimes parents can't care for their children — due to illness, death, substance misuse, imprisonment, or abuse. When this happens, the child's welfare drives where they live and who cares for them. Relatives (especially grandparents) are often the best placement.
The legal options for kinship carers
| Option | What it gives you | How long | |--------|-------------------|----------| | Child arrangements order (lives with) | Parental responsibility alongside the parents; day-to-day care decisions | Until the child is 18 or the order is discharged | | Special guardianship order (SGO) | Overriding parental responsibility; nearly all decisions; parents cannot apply to discharge without leave | Until the child is 18 | | Adoption | Permanent and complete transfer of PR; ends the birth family's legal connection | Permanent | | Kinship foster care | The child is "looked after" by the council and placed with you; you foster them | While the placement lasts | | Informal arrangement | No legal status; parents retain PR; you have no legal authority | Precarious |
The three questions for kinship carers
1. Do you have legal status? Without an order, you can't consent to medical treatment, enrol the child in school, or apply for a passport 2. Do you have financial support? Kinship allowances (means-tested) are available for SGO and kinship foster carers — ask the local authority for an assessment 3. Is the arrangement stable? Courts prefer arrangements that last until the child is 18
Which option is best?
- SGO is the most common kinship option — stable, keeps family connection, gives you control
- Adoption is for cases where the birth family connection should be severed entirely
- Foster care is where the local authority manages the placement
- Child arrangements order is for less permanent or less drastic situations
How to get started
1. Ask the local authority for a special guardianship assessment (they must do this if you're a foster carer or have the child for 1+ year) 2. Notify the local authority in writing 3 months before applying for an SGO 3. Apply to the family court (no fee for SGO applications) 4. See our Kinship page and SGO guide for the full route
Official links
- Kinship: https://kinship.org.uk
- SGO guidance: https://www.gov.uk/government/publications/special-guardianship-guidance
- https://www.gov.uk/looking-after-children-divorce
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with Kinship, HMCTS or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.