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Private fostering
What is private fostering? The legal duty to notify, explained
Private fostering is when a child under 16 (or under 18 if disabled) lives for 28 days or more with an adult who isn't their parent or a close relative, arranged privately rather than through a council or agency - and both the parent and the carer have a legal duty to notify the local authority.
Written by Sam Allcock · Last updated 24 August 2026 · Last reviewed 24 August 2026
What counts as private fostering
Private fostering is a distinct legal category, separate entirely from the mainstream fostering this site mostly covers. It applies when a child under 16 (or under 18 if they're disabled) is cared for, for 28 days or more, by someone who is not their parent and not a "close relative" as defined in law - and the arrangement has been made privately, between families, rather than through a local authority or a registered fostering agency. Common real-world examples include a child staying with a family friend while a parent works abroad, or a young person from overseas living with a UK host family to attend school. [GOV.UK guidance on private fostering, Children Act 1989]
Who is exempt - the close relative rule
The law defines "close relative" broadly enough to exempt most family arrangements from the private fostering rules: grandparents, siblings (brothers and sisters), aunts, uncles, and step-parents are all close relatives for this purpose, whether the relationship is by full blood, half blood, marriage or civil partnership. If a child is living with one of these relatives, it isn't private fostering and the notification duty below doesn't apply. Other relatives and family friends - a cousin, a godparent, a friend of the family - are not automatically exempt, which is where private fostering rules most often come into play unexpectedly.
This is a legal duty, not a suggestion. Both the parent (or person with parental responsibility) and the private foster carer are legally required to notify the local authority of the arrangement, generally before it starts wherever that's possible, or as soon as it does in an unplanned situation. Not notifying is a legal failure with real safeguarding consequences, not a paperwork formality you can skip.
What the council does once notified
Once notified, the local authority's role is oversight and safeguarding, not the kind of formal approval and placement process that applies to mainstream fostering. A social worker will typically visit to check the arrangement is safe and suitable, and the council keeps a watching brief over the arrangement's welfare, rather than actively assessing and approving the carer in advance the way a fostering service does under Form F. This is a genuinely different legal and practical process, even though both fall under the general umbrella of "a child not living with their parents."
How this differs from fostering through a council or agency
| Mainstream fostering | Private fostering | |
|---|---|---|
| Who arranges it | Local authority or independent fostering agency | Privately, between families |
| Carer approval | Formal Form F assessment and approval before any placement | No pre-approval - notification and safeguarding oversight after the fact |
| Financial support | National Minimum Allowance or agency fee, paid to the carer | No statutory allowance - a private financial arrangement between the parties, if any |
| Who is legally responsible day-to-day | The approved foster carer, under the service's supervision | The private foster carer, with the council's safeguarding oversight |
See our guide to the real requirements for mainstream fostering for how that formal process works, and the eligibility myths that often wrongly put people off in that route.
Why this distinction matters
Private fostering exists in a genuine safeguarding blind spot if it isn't notified - a child can be living outside their birth family with no professional oversight at all unless someone tells the council. That's the entire reason the legal duty to notify exists: it's not bureaucracy for its own sake, it's how a local authority becomes aware that a child needs a welfare check in the first place. If you're a parent considering this kind of arrangement, or you've been asked to care for a child this way, notifying the council early protects both the child and you.
Frequently asked questions
Who has a legal duty to notify the council?
Both the child's parent (or person with parental responsibility) and the private foster carer have a legal duty to notify the local authority, ideally before the arrangement starts and in good time.
Does a step-parent or grandparent count as a private foster carer?
No. Close relatives - grandparents, siblings, aunts, uncles and step-parents - are exempt from the private fostering definition, whether related by full blood, half blood, marriage or civil partnership.
Does the council approve a private foster carer the way it approves a mainstream foster carer?
No. The council's role is oversight and safeguarding checks once notified, not formal approval and placement in the way a local authority or agency approves and places children with a mainstream foster carer.