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Law Commission proposes clearer rights for kinship families

Published:
photo of older woman and child
  • Proposals aim to facilitate parental responsibility for kinship carers, and improve kinship care law for the benefit of children and families
  • A new single court order for kinship carers could replace a complex patchwork of existing orders

Over 160,000 children cared for by kinship carers such as grandparents, aunts, uncles and family friends could benefit from a simpler, fairer legal framework under proposals published in a consultation paper today by the Law Commission. The consultation paper is available on the kinship care project page.

The consultation sets out provisional proposals to reform kinship care law in England and Wales. Kinship care takes place when a relative or close family friend steps in to raise a child when the parents are unable to do so.

The current system includes multiple court orders — including Child Arrangements Orders and Special Guardianship Orders — which can produce inconsistent outcomes for families, and be complicated for kinship carers and families to navigate. The Commission proposes replacing these with a single new Kinship Care Order (KCO), designed specifically for kinship and which can be made bespoke to the particular circumstances of the child at the centre of kinship care.

As an alternative to a single Kinship Care Order, the Law Commission also proposes amendments to Child Arrangements Orders and Special Guardianship Orders, so that they work better for children in kinship care and their families.

The proposed introduction of Kinship Parental Responsibility Agreements would allow parents to formally grant parental responsibility to a closely related kinship carer without going to court. This would make it easier for kinship carers to engage with schools, doctors and other services on a child’s behalf.

The Law Commission also propose some changes to the way in which local authorities in England assess kinship foster carers, to improve consistency of assessment and to ensure the assessment process is suitable for kinship families.

The Law Commission is seeking views from young people who have experienced kinship care, kinship carers, parents, local authorities, social workers, lawyers, charities and anyone with experience of or an interest in kinship care. Responses will inform final recommendations to UK Government and Welsh Government.

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. We want to hear from anyone with experience, knowledge or interest in this area”

Minister for Children and Families, Josh MacAlister OBE MP said,
“We are reforming children’s social care to ensure that children get the lifelong loving connections they need to thrive.

“We are taking action to unlock the potential of family networks so that more children can grow up with people who already know and love them.

“That is why we have supported the launch of this Law Commission consultation, which asks how kinship care law can be changed to better serve children in kinship care and their carers. And I urge all those who have experience of, or interest in, kinship care to have their say by responding to the Commission’s consultation.”

Welsh Government Deputy Minister for Social Care, Mental Health and Women’s Health, Delyth Jewell MS said,
“Kinship carers do something remarkable. When a child needs them most – a grandparent, aunt, uncle, sibling or close family friend steps forward to keep that child safe, loved, and connected to their family. That commitment deserves our full support.

“In Wales, improvements have been made to kinship foster care and support for special guardians. I welcome the Law Commission’s consultation, which proposes reforms to make the law fairer and easier for kinship families to navigate.

“The Law Commission needs to hear from those who understand kinship care best. I would encourage carers, young people, and professionals across Wales to respond to this consultation. Your experience could help shape a fairer and brighter future for kinship families.”
 
Dr Jahnine Davis, National Kinship Care Ambassador said,
“During my tenure, I have witnessed first-hand, and heard directly from children, young people and their families, how they have been impacted by the complexities of the kinship care system and how legal orders can sometimes create additional challenges and uncertainty.

“In my report, Improving the Kinship Local Offer and Approach to Kinship Care, published earlier this year, I had the privilege of speaking to many children, carers and parents who described the need for greater clarity and stability. I encourage kinship families to make their voices heard by sharing what matters most to them through this consultation.”

The consultation paper is available on the kinship care project page.
 
Responses can be submitted online, or by email to kinshipcare@lawcommission.gov.uk, or by post to: Kinship Care project, Property, Family and Trust Law team, Law Commission, 1st Floor, 52 Queen Anne’s Gate, London SW1H 9AG.

The deadline for responses is 16 October 2026.