If you are a kinship carer going to court, know how to prepare and what to expect.
Legal help 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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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.
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
- ask Kinship if they know of solicitors in your area who specialise in kinship care
- find a local solicitor online using the Law Society’s ‘find a solicitor’ online tool
- check if you can get some 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
- refer to the list of questions to ask a prospective solicitor at the end of this chapter
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 eligibility.
- A merits test assesses the likelihood of success, the reasonableness of costs 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.
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.
Grandparents Legal Centre provides specialist kinship care support for grandparents. 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.
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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