Private Fostering: What It Is and When to Notify the Council

Private fostering is one of those phrases that appears simple, but it has a very specific legal meaning in England. Understanding when an arrangement counts as private fostering—and who must tell the council, and by when—keeps children safe and keeps families on the right side of the law. Below is a clear, practical guide you can rely on.

What counts as “private fostering”?

In England, a private fostering arrangement is when a child under 16 (or under 18 if the child is disabled) lives with someone who is not their parent or a close relative for 28 days or more. The key points are the age threshold, the “non-close relative” rule, and the intended length of stay (more than 28 days in a row, or with the intention that it will last that long).

“Close relative” has a tight definition in law: grandparent, brother, sister, uncle, aunt (by blood, half-blood or marriage/civil partnership), or step-parent. Cousins, great-aunts/uncles, family friends, and the parents of a child’s friend are not close relatives in this context—so if a child lives with them for 28+ days, it’s private fostering.

Common examples include international students staying with a host family during term breaks, teenagers living with a friend’s family, or children cared for by neighbours while a parent works or studies away from home. Local authorities explicitly list scenarios like language school homestays and boarding-school pupils who stay with hosts for holidays as private fostering if they hit the 28-day threshold.

Private fostering is always a private arrangement made by the child’s parent (or someone with parental responsibility) and the carer. It is not arranged by the council. If the council places a child, that is standard fostering with approved foster carers, not private fostering.

Who must notify the council—and when?

The legal duty to notify

The law is clear: parents, private foster carers, and any person involved in arranging a private fostering placement must notify the appropriate local authority. If the arrangement is planned, you should notify at least six weeks before it begins. If it is due to start sooner than six weeks—or has already started—you must notify immediately.

Many councils restate this requirement in their procedures and add practical timeframes. For example, some specify that emergency placements must be reported within 48 hours of starting. The safest approach is to tell your local council as soon as the arrangement is being considered, and immediately if a child has already moved in.

Professionals (schools, GPs, youth workers, etc.) should also notify the local authority if a private fostering arrangement comes to their attention and they are not satisfied that parents or carers have already done so—this is set out in the statutory guidance.

Which council do you tell?

Notify the local council for the area where the child will be living. If you are unsure, start with the council where the child is currently living and ask to be directed appropriately. Government guidance for carers reiterates the duty to tell your local council about the arrangement.

What happens after you notify?

Once notified, the council has clear duties to assess the suitability of the arrangement and to visit the child regularly. You should expect:

An initial visit within 7 working days

Councils typically arrange an initial home visit within 7 working days of notification to meet the carer, the child, and (where possible) the parent, and to start checks.

Regular visiting schedule

By regulation and guidance, the minimum visiting frequency is:

• Every 6 weeks during the first year after the council becomes aware of the arrangement.
• At least every 12 weeks in the second and subsequent years (some councils describe this as “every three months”—the intention is quarterly or 12-weekly minimums).

These visits are to see the child (usually spoken to alone where appropriate), review the home environment, and ensure the arrangement meets the child’s needs.

Checks and assessments

The council will assess the private foster carer’s suitability, including background checks and enquiries about the household. They will also provide advice and support to the carer and to the parent, and they can set requirements or—in rare cases—prohibit an arrangement if it’s unsuitable. Parents retain parental responsibility throughout; the private foster carer provides day-to-day care.

What if circumstances change?

Private foster carers must tell the council about key changes, such as a change of address or new household members, generally in advance where possible and otherwise within 48 hours. If the arrangement ends, there is also a duty to notify promptly.

Is it an offence not to notify?

Yes. Failing to notify the local authority without reasonable excuse is an offence. The penalty on summary conviction can be a fine (level 5 on the standard scale). The purpose is not to punish responsible families, but to ensure the council can carry out safeguarding checks and support the child and carer.

How private fostering differs from other arrangements

Kinship care with close relatives

If a child lives full-time with a close relative (as defined in law), that is usually family and friends (kinship) care, not private fostering—and the notification duty for private fostering does not apply. However, councils still encourage families to seek advice and support. GOV.UK

Council-arranged fostering

Where the local authority places a child with an approved foster carer, the child is “looked after” and different rules apply. That is not a private arrangement and does not use the private fostering route.

Boarding school and language school contexts

During school terms, pupils at boarding schools are not privately fostered. But stays with host families over holidays that last 28+ days can be private fostering. Many councils and sector bodies flag this specifically for international students and their guardians.

Benefits, education and everyday life

A private foster carer can apply for benefits they’re eligible for as the child’s main carer (for example, Child Benefit), and the council can help with information and support. Schools, health services and councils work together to make sure the child’s needs are met.

Step-by-step: How to do it right

1) Check whether your arrangement meets the definition

Ask yourself:

• Is the child under 16 (or under 18 if disabled)?
• Is the carer not a parent or not a close relative (as defined above)?
• Will the arrangement last 28 days or more (or is that the clear intention)?
  If the answer to all three is “yes”, it’s private fostering and the council must be notified.

2) Notify the local council

If the arrangement is planned, notify at least six weeks before it starts. If the child needs to move sooner, notify immediately—don’t wait. Professionals who become aware of an arrangement should tell the council if they’re not sure a notification has been made.

3) Prepare for the initial visit and checks

Expect an initial visit within 7 working days, followed by a regular visiting schedule: every six weeks in the first year, then at least every twelve weeks thereafter. The social worker will see the child (ideally alone), discuss routines, and check the home environment.

4) Keep the council updated

Tell the council about address changes, new adults moving in, or any other significant changes—ideally beforehand, otherwise within 48 hours. If the arrangement ends, notify them then too.

Frequently asked questions

Does a series of shorter stays count?

The law focuses on arrangements that last more than 28 days in a row or are intended to last that long. If you’re approaching that threshold—or if the plan could extend—play safe and notify.

What if the parent still makes big decisions?

They still hold parental responsibility, so they should agree to major decisions (school changes, medical procedures, passports). The private foster carer handles day-to-day care. Councils often provide advice so everyone understands their role.

Will the council “approve” us like foster carers?

Private foster carers are not approved foster carers, but the council must assess suitability, visit, and can set requirements. In the rare event of serious concerns, they can prohibit the arrangement.

What support can we expect?

Expect advice about schooling, health, and benefits; and a named worker who visits on the statutory schedule and more often if needed or requested by the child, the carer, or the parent.

The takeaway

If a child under 16 (or under 18 if disabled) is going to live with someone who is not their parent or a close relative for 28 days or more, it’s private fostering—and you must tell the local council. Notify six weeks in advance where possible, or immediately if the plan starts sooner. The council will visit within 7 working days, carry out checks, and then visit every six weeks in the first year and at least every twelve weeks after that. Notifying isn’t optional: failure to notify without reasonable excuse is an offence, and, just as importantly, it ensures the right support and safeguarding are in place.