If you are a kinship carer going to court, know how to prepare and what to expect.
Legal advice and information for kinship carers
If you are a family member or friend raising a child on behalf of their parents, legal advice will help you understand what your rights are.
This advice applies to: England and Wales
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Getting legal advice
There are several key times when legal advice can be incredibly valuable. You might find yourself needing legal support when you first become a kinship carer, or when you want to get a formal legal order to make your arrangement more permanent.
Legal advice can also be crucial if you’re struggling with your situation, or when you’re working directly with a local authority children’s services to take care of a child.
Why you should get legal advice
The type of care arrangement you have in place for the child you’re caring for will affect both your rights and the rights of the child. As well as the financial support you may be eligible for. For example, if you are a foster carer you may be able to claim foster care allowances.
If you have a legal order in place, you may qualify for financial support from your local council’s children’s services department. Get in touch with them to discuss if you are eligible. You can use our Kinship Compass tool to see who to contact at your local authority.
All care arrangement options have advantages and disadvantages. That’s why it’s a good idea to talk to children’s services about your options, as well as to get legal advice early in your kinship care journey.
It is vital that you consider getting specialist legal advice before you:
- agree to a particular type of order where there are care proceedings and the plan is for you to be the carer
- agree to the proposed special guardianship support plan
Finding a solicitor
A good way to find a solicitor in your local area is to speak to other kinship carers who have been through the same process. You can:
- ask for recommendations at your local peer support group
- find a local solicitor online using the Law Society’s ‘find a solicitor’ online tool
- check the list of organisations on this page for free legal advice and help with legal costs
- look for a solicitor who has experience working with kinship carers as all solicitors have specialist areas of knowledge
- ask if the solicitor has a ‘Children Law Accreditation’ – this is not vital but means they can represent children in proceedings
Paying for court
Going to court is expensive if you ask a solicitor to represent you. If parents and/or the local authority oppose (contest) the application, it can become more complex and expensive. For example, this might happen if you fail the assessment for special guardianship. Solicitors may charge £200 to £300 per hour and a contested application can lead to £1000 or even £10,000 plus bills. Always make sure you get a quote from the solicitor and ask for an estimate of the likely cost.
Representing yourself
You don’t have to have a solicitor. Representing yourself in court is called being a ‘litigant in person’. Further information and advice about representing yourself is available from organisations such as Child Law Advice and Support Through Court (see details below).
How to access legal aid
You may be able to apply for legal aid. This can help pay for legal advice.
Applications for legal aid are means and merits tested.
- a means test assesses your financial situation – the lower your income, the more support you will get
- a merits test assesses the likelihood of you application being successful, how reasonable the costs of the case are and the benefits the case will have for you and the child
You can check if you’re eligible for legal aid using the Civil Legal Advice tool.
Organisations offering legal support
Here are some organisations that offer legal support and advice.
Advocate is a charity that finds free legal assistance from volunteer barristers. Check if you’re eligible to apply for help.
Coram Children’s Legal Centre runs a helpline for legal advice and information. They also have family law advice resources available on their website.
You may have heard of Coram BAAF. They are an organisation that work across kinship care, fostering and adoption. They are part of the same group as Coram Children’s Legal Centre but work for professionals rather than directly with kinship carers.
The Family Rights Group’s Advice and Advocacy service supports kinship carers to understand the law and child welfare processes. They have a helpline, webchat service and online resources.
Specialist kinship care support for kinship carers. They will provide initial legal advice for free, over the phone, but you must mention you have been signposted by Kinship.
Law Works Clinic is a nationwide network providing free legal advice locally.
CAFCASS is a non-departmental government body who advise family courts on the best interests of the children.
If you need to find a solicitor in your area who is accredited in family law, use the Find a Solicitor service by The Law Society.
NYAS is a charity offering legal advice. They have a Parent Advocacy service for people with parental responsibility.
Support through Court is a free, volunteer-led service that supports people who are facing court without legal representation.
Support from Kinship
Here at Kinship, we offer a range of free support for all kinship carers, including:
- free online and in-person workshops
- online advice and information
- online and in-person peer support groups
To find services, information and support in your local area – including information about your local children’s services – use our Kinship Compass tool.
You can also contact the Kinship advice team for free, non-judgmental advice and information if you live in England or Wales.
Related advice on this topic
Advice on employment rights for kinship carers who need time off work, including flexible working, time for dependants and parental leave.
Information about parental responsibility and how it can be obtained.
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