Private fostering sounds a lot like “informal” childcare, but in law it’s very specific. Understanding the definition—and the duty to notify your local council—protects children and keeps you on the right side of the regulations. Here’s a clear, practical guide for parents, carers and professionals.
What is private fostering?
You’re in a private fostering arrangement when a child under 16 (or under 18 if the child is disabled) lives with someone who is not a parent or a close relative for 28 days or more. It’s a private arrangement made directly between the child’s parent(s) and the carer—not arranged by the local authority.
“Close relative” has a precise legal meaning here: grandparent, brother, sister, uncle, aunt or step-parent (including by marriage/civil partnership). Cousins, great-aunts/uncles, family friends or neighbours are not classed as close relatives, so those arrangements can become private fostering if they last (or are intended to last) 28 days or more.
Common scenarios include: a teenager staying long-term with a friend’s family during a parent’s illness; a child living with a host family while a parent works overseas; or an overseas student with a UK host family beyond the 28-day threshold.
What is not private fostering?
If the child lives with a close relative (as defined above), it is not private fostering—though support may still be available (for example, kinship care routes). Likewise, children placed by the council with approved foster carers are not privately fostered. Boarding school during term time also doesn’t count; however, stays of two or more weeks during school holidays with a host family may fall under private fostering.
Who must notify—and when?
The law expects parents, private foster carers and any professional who knows about the arrangement to notify the local authority. The timing is important:
- Planned arrangements: Notify at least six weeks before the start date.
- If the arrangement starts within six weeks (or in an emergency): Notify immediately (i.e., as soon as you know).
- After the child moves in: Regulations require follow-up details to be provided within 48 hours of the start in some councils’ processes, and you must also tell the council within 48 hours when the arrangement ends (and where the child has moved to). Check your council’s exact process.
If you’re unsure whether your situation will reach 28 days, notify anyway—councils explicitly advise getting in touch if a series of shorter stays could add up to private fostering.
Why the council must be told
Private fostering is a legal safeguarding framework. Notifying the council allows children’s services to:
- Assess the suitability of the carer and home (e.g., checks, home visits).
- Support the child, parents and carer with practical advice, contact arrangements and access to services.
- Monitor the arrangement with visits and reviews for as long as it continues.
The aim isn’t to “take over” the arrangement; it’s to make sure the child is safe, well supported and thriving.
Who holds parental responsibility?
In private fostering, parents retain parental responsibility. They remain responsible for key decisions and for making sure the arrangement meets the child’s needs. Councils often remind parents to share full information (medical, education, routines, contact details) and to stay in regular touch with both the child and the carer.
What information will the council ask for?
Expect to share:
- Child’s name, DOB, health and school details.
- Carer’s name, address, household members and relationship to the child.
- Start date, expected duration, and reason for the arrangement.
- Contact plans with parents and significant others.
This helps the local authority complete required checks (including DBS in many areas) and schedule visits.
What happens after notification?
Children’s services will arrange an initial visit and discuss:
- The child’s health, education and emotional wellbeing.
- Sleeping arrangements and household safety.
- Contact with parents and how decisions are made day to day.
- Any support or guidance the carer needs (benefits advice, school admissions help, language support, etc.).
They’ll keep in touch at set intervals and remain available if circumstances change. (Processes vary slightly by council, but the oversight is consistent.)
Ending or changing the arrangement
When a private fostering arrangement ends—or if the child moves to a different private foster carer—you must tell the council within 48 hours, and provide the new address and carer’s details if relevant. This keeps the child on the council’s radar and closes the case properly.
Consequences of not notifying
Failure to notify is a breach of the regulations and can trigger statutory intervention. More importantly, the child may miss out on support or necessary checks. If you realise you should have notified and didn’t, contact your council immediately—they will guide you on the next steps rather than penalise a good-faith error.
Quick decision tree
- Is the child under 16 (or under 18 if disabled)?
- Will they live with someone who isn’t a parent or close relative?
- Will it last (or is it intended to last) 28 days or more?
If yes to all three, it’s private fostering—notify your council (ideally six weeks before; otherwise immediately).
Practical tips for parents and carers
For parents
- Put the arrangement in writing (key contacts, consent for medical treatment, school matters, travel).
- Share all essential information: GP, allergies/medication, EHCP/SEN notes, school timetable, cultural/religious needs.
- Keep regular contact with your child and the carer; agree how you’ll review the arrangement.
For private foster carers
- Notify the council promptly and cooperate with visits and checks.
- Keep a simple record of key appointments, school communications and any incidents.
- Clarify contact routines with parents (times, supervision, travel).
- Ask about support (interpreting, school admissions, benefits signposting) if needed.
For professionals (teachers, GPs, youth workers, faith/community leaders)
- If you become aware of a likely private fostering arrangement, you also have a duty to ensure the council is informed—do not assume someone else has done it.
Key takeaways
- Definition: Child under 16 (under 18 if disabled), living with someone not a parent/close relative, for 28+ days.
- Notify: Six weeks in advance for planned arrangements; immediately if within six weeks or in an emergency; notify within 48 hours when it starts (where required) and when it ends.
- Parents keep PR: Councils assess and support; parents remain responsible for key decisions and staying in touch.