Section 22I Section 22H: interpretationF1

(1)

For the purposes of section 22H, a child lives in kinship care if—

(a)

the child lives with a relative, friend or other person connected with the child for all or part of the time, and

(b)

subsection (2) or (3) applies in relation to the child.

(2)

This subsection applies in relation to the child if—

(a)

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

(b)

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.

(3)

This subsection applies in relation to the child if—

(a)

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

(b)

those persons, taken together, provide all or most of the care and support provided for the child.

(4)

The reference in subsection (1)(a) to a person connected with the child does not include a reference to—

(a)

a parent of the child,

(b)

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

(c)

a person caring for the child in a professional capacity.

(5)

Where—

(a)

a child’s parents do not live together, and

(b)

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.

(6)

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).

Annotations

Textual amendments

F1: Ss. 22H, 22I and cross-heading inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 5, 78(2)(a)

Notes on Part III

Textual amendments

F1: Pt. 3 heading substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 57(2)