When Does a Kinship Carer Need a Court Order in England?

Many relatives caring for a child in England manage perfectly well under an informal arrangement — the parent delegates day-to-day authority, the school and GP cooperate, and life carries on. But there are situations where that informal setup starts to feel fragile, and a court order becomes the practical answer to problems a letter cannot solve.

The Informal Arrangement Works Until It Does Not

Under Section 2(9) of the Children Act 1989, a parent can delegate the exercise of Parental Responsibility to a relative carer. Under Section 3(5), anyone with care of a child can do what is reasonable to safeguard the child's welfare. Between them, these provisions cover most routine decisions — school pick-ups, GP appointments, signing consent forms for day trips.

The gap appears when something falls outside "routine." A parent who holds Parental Responsibility can revoke their delegation at any time, remove the child without notice, or refuse consent to a medical procedure. If the relationship with the parent is stable and cooperative, none of that is a concern. When it is not, informal authority is not enough.

Situations Where a Court Order Becomes Necessary

The parent is uncontactable or missing. If the parent has disappeared, is in prison with no communication, or is too unwell to engage, you cannot refresh a written delegation letter. Schools and hospitals will eventually need evidence of your authority, and a signed letter from someone who cannot be reached has an expiry date in practice even if it does not on paper.

The parent threatens to remove the child. When a parent makes threats to take the child back in circumstances where the child's welfare would be at risk, an informal arrangement offers no protection. Only a court order — specifically a Child Arrangements Order (CAO) specifying that the child lives with you — gives you legal standing to prevent removal.

You need to consent to major medical treatment. Elective surgery, complex psychiatric treatment, and other non-emergency procedures require consent from someone with Parental Responsibility. Section 3(5) does not extend to major interventions. If the parent cannot or will not give consent, a court order is the only route.

You want to take the child abroad. International travel with a child who is not yours requires the consent of every person with Parental Responsibility, or a court order. Airlines and border agencies will ask for evidence. A delegation letter does not satisfy passport control.

The arrangement will be long-term. If the child has been living with you for months or years and there is no realistic prospect of returning to the parent, formalising the arrangement through a Special Guardianship Order provides permanence and access to financial support. School admissions priority applies if the child was previously looked after before the order.

Child Arrangements Order vs Special Guardianship Order

A Child Arrangements Order specifies who the child lives with and who they have contact with. It grants you Parental Responsibility for the duration of the order and runs until the child turns 18 (or the court varies it). Either parent can apply to change it without needing permission from the court.

A Special Guardianship Order gives you Parental Responsibility that overrides the parent's on most day-to-day matters. The parent retains PR but cannot exercise it in a way that conflicts with the SGO without court permission. SGOs are harder for a parent to overturn — they must apply for leave from the court first and demonstrate a significant change of circumstances.

For kinship carers, the choice often comes down to how secure the arrangement needs to be. A CAO suits cooperative families where the parent accepts the living arrangement. An SGO suits situations where the parent's cooperation is unreliable or where the child needs long-term stability.

Applying for a Court Order as a Grandparent or Relative

Under Section 10 of the Children Act 1989, a person within the Act's definition of relative — a grandparent, brother, sister, uncle or aunt, including by marriage or civil partnership, or a step-parent — can apply without leave for a live-with Child Arrangements Order if the child has lived with them for at least one year immediately before the application. Any other person can apply without leave if the child has lived with them for at least three years during the last five years and that period ended within the last three months. Otherwise, you need the court's permission unless another no-leave category applies.

The application is made on Form C100 to the Family Court. The court fee is £270 as of 13 July 2026, though fee remission is available for those who qualify. Legal aid is not automatic because a safeguarding concern exists; it may be available for particular in-scope family matters, subject to the applicable merits and financial eligibility rules.

Understanding whether your situation calls for a court order — or whether the informal route still works — is one of the practical decisions covered in the England kinship consent guide.

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