What Are the Legal Ways a Child can be Cared for in a Family Placement?

Exploring Family Placement Options in Care Proceedings: Special Guardianship Orders, Child Arrangement Orders, and Kinship Fostering

When a child is unable to remain in the care of their birth parents, there are several options for family placements that ensure the child’s safety and well-being. These arrangements are crucial in providing children with a sense of stability and belonging, often within their extended family or familiar network. Among these options are Special Guardianship Orders (SGOs), Child Arrangement Orders (CAOs), and kinship fostering. Each of these legal provisions offers different levels of parental responsibility and guardianship, tailored to suit the individual needs of the child.

Special Guardianship Orders (SGOs)

A Special Guardianship Order is a legal tool that grants a family member or close friend enhanced  parental responsibility for a child. The appointed special guardian takes on  all of the responsibilities of a parent, including making decisions about the child’s education, health, and welfare. The order is typically used when a child is unable to live with their birth parents, but adoption is not considered necessary or appropriate. The special guardian has the legal right to care for the child as their own, without needing to consult the birth parents for most decisions, although the birth parents retain parental responsibility.

SGOs are often used when a child is placed with relatives, such as grandparents, aunts, or uncles, or close family friends, who may not wish to adopt the child but can provide a stable and secure home. The aim of an SGO is to create a permanent placement that preserves the child’s relationship with their birth family while ensuring the child’s welfare and stability.

Child Arrangement Orders (CAOs)

A Child Arrangement Order is another option within the family placement framework. This order determines where the child will live and how contact with other family members, including parents, will be managed. CAOs are typically used in cases where parents are separating or divorcing, or when there are concerns about the child’s safety, but the child does not need to be placed in care. A CAO can specify that a child will live with one parent or with a relative and may also outline arrangements for contact with the other parent or family members.

In care proceedings, a Child Arrangement Order may be issued when it is determined that a child should live with a family member (but not a foster carer), or where it is in the child’s best interests to have a specified level of contact with the birth parents. Unlike an SGO, a CAO does not grant an overriding level of parental responsibility to the person with whom the child lives, and the birth parents retain equal rights over decisions about the child’s upbringing.

Kinship Fostering

Kinship fostering is a form of care in which a child is placed with a family member or close family friend, rather than in a stranger foster care arrangement. Kinship carers are typically relatives such as grandparents, aunts, uncles, or older siblings who are already familiar with the child and can offer a sense of continuity and emotional security. In some cases, kinship fostering may be used temporarily while the child’s parents are working to address concerns that led to the child being removed from their care.

While kinship carers are often treated similarly to traditional foster carers, they are entitled to certain support services from the local authority, including financial assistance and training. Kinship fostering is usually seen as a positive alternative to fostering with strangers, as it helps maintain a child’s connections to their family and cultural background. However, unlike SGOs or CAOs, kinship fostering may not offer the same level of permanence, as it is typically viewed as a temporary arrangement until a more permanent solution is found.

Comparing Family Placement Options

Each of these family placement options—SGOs, CAOs, and kinship fostering—offers different levels of stability and parental responsibility. Special Guardianship Orders provide the highest level of legal responsibility to the Special Guardian, making them responsible for the child’s care and decision-making, with less involvement from the birth parents. In contrast, Child Arrangement Orders focus more on the logistics of where the child will live and with whom they will have contact, leaving more decision-making power with the birth parents. Kinship fostering, while offering a familiar and often emotionally supportive environment, is generally seen as a temporary solution, though it can provide important stability for the child in the short term. The actual carers will not have any legal responsibility for the child as it is the Local Authority rather than the carers who obtains parental responsibility under an Interim Care Order or Final Care Order.

Ultimately, the choice of placement depends on the child’s needs, the family dynamics, and the long-term goal of ensuring the child’s safety and well-being. Each arrangement aims to support children in remaining within family networks, fostering a sense of continuity and identity while securing a safe and stable environment for them to grow and thrive.

If social services become involved in relation to your children, then we may be able to help. Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.