Law Commission to review law on kinship care in bid to improve “complex” landscape

The advisory body said the project was intended to reform the law “to improve the current complex landscape, making options for kinship care for children simpler and easier to navigate”.

It is estimated that around 141,000 children live in kinship care arrangements in England and Wales.

“Most commonly, kinship care will be an alternative to the child entering the care system, or a way of caring for a child who is the subject of a care order,” the Law Commission said.

It added that there are a number of ways to formalise kinship care, including:

• special guardianship orders
• child arrangements orders
• fostering

“This variety is confusing and hard to navigate for kinship carers who do not always feel confident that the order underpinning their arrangement is right for their circumstances,” the Law Commission noted.

The project will seek to understand:

1. how current legislation can lead to a variation in rights and entitlements for families, including the impacts on parental responsibility, contact, permanence as well as access to support;
2. the scope for reform to simplify and streamline the orders underpinning kinship care placements, to increase transparency, coherence and accountability of the system and make it easier for kinship carers to navigate and understand their responsibilities;
3. how to better support the consideration of kinship care as an option for children who cannot remain with their parents.

It added that the project would focus on reform of the law governing kinship care arrangements where the child concerned needs to be cared for by people other than their parents - children who are, or who but for the availability of kinship care, would be, “in need” (defined in s17(10) Children Act 1989) and who are or who are at risk of becoming looked after.

In particular the kinship care project will consider:

1. producing a legal definition of kinship care for the purpose of the issues considered in the project;
2. the adequacy and consistency of the legal orders underpinning kinship placements, including whether the current legislation meets the needs of children and kinship carers;
3. the potential for reform of such orders, including considering the possibility of a new bespoke order for kinship care situations to recognise, support and regulate kinship arrangements;
4. the legal processes and thresholds for assessment, approval and oversight of kinship carers.

The project will not consider the reform of orders, such as care orders, child arrangements orders and special guardianship orders, beyond their application in kinship care, the Law Commission stressed.

It is anticipated that a consultation paper will be issued in Spring 2026.

The project was referred to the Law Commission as part of the Government’s kinship strategy.

Earlier this month the Government invited eligible councils to apply to be part of the Kinship Allowance Pilot, which will fund selected local authorities to provide a weekly financial allowance to eligible kinship carers.