Law Commission launches consultation into kinship care law reform

It said the current system used multiple court orders - such as child arrangements orders and special guardianship orders - which could produce inconsistent outcomes and be complicated for carers and families to navigate.

It proposed replacing these with a single new kinship care order (KCO), which could be made bespoke depending on the child’s circumstances, under proposals being consulted on.

As an alternative to the KCO, the commission suggested various amendments to child arrangements orders and special guardianship orders.

It has also proposed the introduction of kinship parental responsibility agreements, which would allow parents to formally grant parental responsibility to a kinship carer without going to court.

This reform was intended to make it easier for kinship carers to engage with schools, doctors and other services on a child's behalf.

The commission also proposes changes to how local authorities assess kinship foster carers, to improve the consistency and suitability of assessments.

It said the use of disparate approaches among local authorities in carrying out kinship assessments should be resolved.

Professor Lisa Webley, commissioner for property, family and trust law, said: “Kinship carers play a vital role in keeping children safe and connected to their families. The current law is fragmented and difficult to navigate.

“These proposals would give kinship families a simpler system, clearer rights and a flexible legal framework that reflects the particular nature of kinship care.”

The consultation is open until 16th October and be found here: https://lawcom.gov.uk/project/kinship-care/.