Private Fostering Rules in England: The Close Relative Exemption and the 28-Day Rule

Private Fostering vs Private Family Arrangement

When a child in England lives with someone other than their parent, the law draws a sharp line between two categories: private fostering and private family arrangements. The difference comes down to whether the carer is a "close relative" as defined by the Children Act 1989 — and it determines whether the local authority must be notified.

Getting this distinction wrong carries real consequences. Private fostering notification is a legal duty, not an optional step. Missing it can trigger a safeguarding investigation and put the arrangement on an adversarial footing with children's services from the start.

Who Counts as a Close Relative

Section 105 of the Children Act 1989 defines "relative" for private fostering purposes as a narrow list:

Close relatives (exempt from private fostering rules):

• Grandparents
• Brothers and sisters (including half-siblings)
• Aunts and uncles (by full blood, half blood, or through marriage or civil partnership)
• Step-parents (married to or in a civil partnership with a birth parent)

Not close relatives (subject to private fostering rules):

• Cousins
• Great-aunts and great-uncles
• Great-grandparents
• Family friends
• Neighbours
• Unmarried partners of birth parents who are not step-parents

The list is fixed by statute. A great-aunt who has been part of the child's life since birth is not a "close relative" under this definition. A cousin who sees the child every weekend is not exempt. The law counts the biological or legal relationship, not the emotional closeness.

The 28-Day Rule

A private fostering arrangement exists when a child under 16 (or under 18 if disabled) is cared for and provided with accommodation by someone who is not a close relative for a continuous period of 28 days or more, or where the arrangement is intended to last 28 days or more.

The intention matters. If a cousin takes in a child planning for it to last two months, private fostering notification is required from the start — not after 28 days have passed.

Who Must Notify and When

Both the parent and the carer have a legal duty to notify the local authority's children's social care team:

• Planned arrangements: Written notification at least six weeks before the arrangement begins
• Emergency arrangements: Written notification within 48 hours of the child's arrival

In practice, it is usually the carer who makes the notification, often because the parent is unavailable or unaware of the legal requirement.

Notification goes to the children's social care team in the local authority where the child will be living. A phone call to the council switchboard or a search for "private fostering notification" on the council website will find the right team.

What Happens After Notification

Notifying the council does not put the child "in care." The arrangement remains a private agreement between the parent and carer. The child does not become a looked-after child and social services do not take over the arrangement.

What happens is a structured assessment:

1. A social worker visits the home within seven working days
2. The social worker assesses the suitability of the carer and any other household members
3. DBS checks are carried out on adults in the household
4. The social worker checks that the child's accommodation is appropriate
5. Monitoring visits follow — at least every six weeks in the first year, then every 12 weeks after that

The assessment is about welfare, not punishment. The social worker's job is to confirm the child is safe and the arrangement meets their needs. Most private fostering assessments proceed smoothly when the carer is cooperative and the home is suitable.

Common Situations That Catch People Out

A great-aunt caring for a child after bereavement. She is not a close relative under section 105. If the arrangement lasts 28 days, she must notify the council — even though the arrangement is born out of family love, not neglect.

A family friend taking in a teenager whose parent has entered rehab. Family friends are never close relatives. Notification is required within 48 hours of the child's arrival.

An aunt whose sibling is not the child's biological parent. If the aunt is a blood relative of the child (the child's parent's sister), she qualifies as a close relative. If she is related only through the child's step-parent and is not biologically related to the child, the exemption may not apply — and the safer course is to notify.

If You Are Exempt: What Still Applies

Grandparents, aunts, uncles, siblings and step-parents do not need to notify the council under the private fostering rules. But the exemption only removes the notification duty — it does not remove the practical need to organise the child's school, GP and daily life.

Close relatives still need to deal with delegation of parental authority (section 2(9)), GP registration, school admissions and medical consent. Those administrative tasks exist regardless of whether the private fostering rules apply.

The England kinship consent guide includes a private fostering decision worksheet that walks through the close relative test step by step, plus guidance on the notification process for non-exempt carers.

See more England guides →