Family Rights Group calls for strengthening of local kinship offer duty in Children’s Wellbeing and Schools Bill
Family Rights Group (FRG) has called for the local kinship offer duty in the Children’s Wellbeing and Schools Bill to be strengthened, criticising the lack of information in kinship offers on legal support.
The kinship local offer is a new legal duty on local authorities to set out the support available in their area to children and their kinship carers. It is being introduced through the Children’s Wellbeing and Schools Bill, which is currently going through Parliament.
FRG acknowledged that by introducing a legal duty for councils to publish a kinship local offer, the Government is taking an “essential step” toward “greater clarity, consistency, and accountability”.
However, it warned that one “major omission” of the policy is the absence of legal support from the list of services that local authorities must include in their kinship local offer.
The organisation said: “While legal support is referenced in statutory guidance, it should be explicitly included in the legislation. Doing so will ensure consistency across all local authorities in England.
“Legal support is vital for current and prospective kinship carers. The child welfare and family justice system is complex, and many carers struggle to navigate it without expert legal advice.”
FRG highlighted research by the All Party Parliamentary Group on Kinship Care which found that 82% of kinship carers did not feel they had enough information about their legal options to make an informed decision. In addition, fewer than half (48%) were satisfied with their current legal arrangement for the child, with many citing inadequate support as a key issue, while nearly 4 in 10 (38%) had received no legal advice at all about their rights and options.
The financial burden of legal costs is also a major issue.
An analysis of local kinship care policies by FRG found that only a fifth address support with the legal expenses that kinship carers may incur - including legal costs such as applying for a special guardianship or child arrangements order.
FRG warned: “Unless the Bill is explicit on what is required, it is highly unlikely that local authorities in England will consistently and clearly address the question of legal support in their kinship local offer.”
The group secondly recommended the Government involve families in developing the kinship local offer, observing that the bill lacks “clear guidelines” on participation, and does not require councils to actively engage families in the process of developing a local offer.
FRG noted: “This is in stark contrast to the approach taken for the Special Educational Needs and Disabilities (SEND) local offer. The SEND local offer is backed by clear regulations ensuring transparency, family involvement, and periodic reviews.”
Lastly, the organisation called on the Government to invest in “practical, emotional, and financial support” for kinship families, noting that while the local offer and legal definition are “crucial steps forward”, they must be accompanied by “meaningful investment” in kinship care support.
The Department for Education has been approached for comment.
Lottie Winson