Section 3(5) of the Children Act 1989: What It Means for Kinship Carers

If you are caring for a relative's child in England without a court order, Section 3(5) of the Children Act 1989 is arguably the most important piece of law in your daily life. It is the provision that allows you to act — to make routine decisions, respond to emergencies, and keep the child safe — even though you do not hold Parental Responsibility.

What the Section Actually Says

The wording is straightforward. Section 3(5) states that a person who does not have Parental Responsibility for a child but has care of the child "may do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare."

That single sentence is the legal foundation for most of what informal kinship carers do every day. It does not give you Parental Responsibility. It does not make you a legal guardian. What it does is protect you when you act reasonably for the child's benefit.

What "Reasonable" Covers

The test is not what you think is reasonable — it is what a court or professional would consider reasonable in your specific circumstances. In practice, this covers a wide range of everyday decisions:

Emergency medical treatment. If a child in your care has an accident, an asthma attack, or any condition requiring urgent attention, you can take the child for care and provide relevant information. When treatment is immediately necessary, clinicians can proceed under common-law necessity without waiting for parental consent. Section 3(5) supports reasonable welfare steps by the person who has care of the child.

Routine daily care. Feeding, clothing, supervising homework, setting bedtimes, managing screen time, taking the child to after-school activities — all of this falls within Section 3(5) without question.

Minor health decisions. Presenting the child for a routine GP appointment, collecting a prescription for an existing condition, or authorising basic first aid at school are reasonable steps to safeguard the child's health.

School communication. Responding to school letters, attending parents' evenings, and communicating with teachers about the child's progress are all reasonable actions by a carer with day-to-day responsibility.

What Section 3(5) Does Not Cover

The boundary matters. Section 3(5) cannot be used for:

Major medical interventions. Elective surgery, complex psychiatric treatment, organ donation, or any procedure that carries significant risk requires consent from someone with Parental Responsibility. In an emergency where the parent cannot be reached and delay would harm the child, the clinician may proceed under their duty of care — but the decision rests with the medical professional, not with you invoking Section 3(5).

Overriding a parent's express refusal. If a parent with PR has specifically refused consent to a particular action — such as a vaccination or a school trip — Section 3(5) cannot override that refusal. The provision exists to fill gaps when a parent is unavailable, not to bypass a parent who has said no.

Major life decisions. Changing the child's surname, consenting to marriage, relocating the child abroad, or permanently withdrawing the child from school are all decisions that require Parental Responsibility.

The Relationship Between Section 3(5) and Section 2(9)

These two provisions work together. Section 2(9) allows a parent to delegate the exercise of Parental Responsibility to you — through a signed letter or verbal agreement. Section 3(5) is the safety net for situations where delegation has not been arranged or the parent cannot be reached.

The strongest position for a kinship carer is to have both: a written delegation letter from the parent covering routine decisions, plus the backstop of Section 3(5) for anything the letter does not specifically address or for emergencies when the parent is out of contact.

How Professionals Interpret Section 3(5)

Schools, GP practices, and hospitals encounter informal kinship care regularly. Most professionals understand that a relative who has care of a child has statutory authority to take reasonable steps. Where problems arise, it is usually because front-desk staff or junior administrators are unfamiliar with the provision.

If you are challenged — told you "need a court order" to do something that is plainly routine — knowing that Section 3(5) exists and being able to name it calmly is often enough to resolve the situation. For more persistent gatekeeping, escalate to a senior staff member or the organisation's safeguarding lead.

The England kinship consent guide maps out exactly which decisions fall under Section 3(5), which need a delegation letter, and which require a court order.

See more England guides →