Safety and trust come first

Private Fostering: The Rules

We make legal responsibilities clear from the outset. Hosting a child through EFI is likely to be treated as private fostering under English law, so families should understand the legal framework before committing.

When does it apply?

Under English law, private fostering occurs when a child under 16 is cared for for 28 consecutive days or more by someone who is not their parent, step-parent, legal guardian or close relative, such as a grandparent, sibling, aunt or uncle.

Every UK placement in an EFI six-month exchange therefore qualifies as private fostering, as do most three-month placements. The rules apply regardless of whether the child requires, or holds, a visa.

Note that for shorter stays, the exact dates matter. A one-month placement may or may not reach the 28-day threshold, depending on the arrival and departure dates. We will check this with you rather than rely on the stated length of the exchange.

This is an England-specific explanation

These requirements arise under the Children Act 1989, which applies in both England and Wales, although Wales has its own regulations and procedures. Scotland and Northern Ireland have separate private fostering laws, with different notification and assessment processes. if your UK family is not based in England, tell us and we will confirm the rules that apply in your area.

What it requires

The host family and the child’s parents must notify the host family’s local authority, usually at least six weeks before the placement begins. If the arrangement is made at shorter notice, notification must normally be given within 48 hours. The local authority will assess the placement, usually through a social worker’s home visit, and will continue to visit during the child’s stay. EFI manages and supports this process as part of every exchange.

What it does not mean

Private fostering does not transfer parental responsibility. The child’s parents retain it throughout the exchange, as it cannot be transferred by private agreement under English law. Instead, the host family receives written authority from the parents to make day-to-day decisions and care for the child in loco parentis. This is why the arrangement relies on clear consent letters and written undertakings.

If a child is on a school-sponsored (Child Student) visa

Where an incoming child is sponsored by an independent school under the Child Student route, the school, not EFI or the host family, is responsible for the Home Office documentation and reporting required by that visa route. In this situation, the host family must currently be British, settled or permanently resident in the UK. These sponsorship requirements do not apply where the child enters as a visitor. Private fostering rules may still apply, however, regardless of the child’s immigration route.

The reciprocal situation: a UK child going abroad

A UK child spending 6 months in France needs a French long-stay visa — the Schengen 90/180-day rule rules out a visa-free 6-month stay — plus a designated responsible adult recognised by the French school. Similar country-specific requirements apply to our other destinations. We’ll work through the specifics with you well before departure.