Defining kinship care for section 22H CA 1989 s. 22I
CA 1989 s. 22I defines living in kinship care and being a kinship carer for section 22H, covering children cared for by relatives or connected persons.
For the purposes of section 22H, a child lives in kinship care if— the child lives with a relative, friend or other person connected with the child for all or part of the time, and subsection (2) or (3) applies in relation to the child. This subsection applies in relation to the child if— the child lives with one person mentioned in subsection (1)(a) for all of the time, or for more time than the child lives with a parent, and the person mentioned in subsection (1)(a) provides all of the care and support provided for the child, or more of that care and support than is provided for the child by a parent. This subsection applies in relation to the child if— the child lives with two or more persons mentioned in subsection (1)(a) all or most of the time (whether or not the child lives with those persons at the same time), and those persons, taken together, provide all or most of the care and support provided for the child. The reference in subsection (1)(a) to a person connected with the child does not include a reference to— a parent of the child, a local authority foster parent of the child who had no connection with the child prior to the child being placed with that person, or a person caring for the child in a professional capacity. Where— a child’s parents do not live together, and the child lives for part of the time with one parent and part of the time with the other, the child is treated for the purposes of subsection (2)(a) as living with a parent for both of those parts of time taken together. In section 22H, “ kinship carer ”, in relation to a child, means a person mentioned in subsection (1)(a) who provides care and support for the child in the circumstances described in subsection (2) or (3).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section provides the legal definition of what it means for a child to live in kinship care and who counts as a kinship carer for the purposes of section 22H. A child is in kinship care when living with a relative, friend, or other connected person who provides all or most of the care and support, or more care and support than a parent provides.
The definition excludes parents, professional carers, and local authority foster parents who had no prior connection to the child before placement. If the parents live apart, any time spent living with either parent is combined when determining whether the child lives with a parent for more time.
A person who provides care and support under these conditions counts as a kinship carer. This status determines whether local authorities must provide information to them under section 22H.
When it applies
- A child lives full time with a grandmother who provides all daily care and support while the parents are absent.
- A child resides with an aunt and uncle who together supply most of the day-to-day care and support.
- A child splits time between a family friend and separated parents, with the friend providing more care than both parents combined.
What this section does not say
- An unrelated local authority foster parent who had no connection to the child prior to placement.
- A parent caring for their own child after separating from the other parent.
- A paid nanny or private childminder caring for a child in a professional capacity.
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This page reproduces the text of CA 1989 s. 22I in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.