Law Commission seeks reform for kinship families

Over 160,000 children could benefit from new proposals aimed at simplifying the legal landscape for kinship care in England and Wales. The Law Commission has unveiled a consultation paper outlining its intentions to reform kinship care law, which currently leaves many families navigating a complicated system. The proposals include a new single court order to replace the array of existing orders, such as Child Arrangements Orders and Special Guardianship Orders, which often yield inconsistent outcomes for families. The proposed Kinship Care Order (KCO) aims to provide a bespoke solution, tailored to the unique situations of kinship families.

Additionally, the introduction of Kinship Parental Responsibility Agreements would allow parents to confer parental responsibility to kinship carers without the need for court proceedings, thereby easing interactions with schools and healthcare services. The Law Commission is also calling for improvements in the assessment processes for kinship foster carers to enhance fairness and consistency.

Professor Lisa Webley, Commissioner for Property, Family and Trust Law, noted that "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."

Minister for Children and Families Josh MacAlister echoed this sentiment, emphasising the importance of nurturing lifelong connections for children: “We are reforming children’s social care to ensure that children get the lifelong loving connections they need to thrive." He urged all stakeholders to engage with the consultation process.

Delyth Jewell MS, Welsh Government Deputy Minister, expressed support for kinship carers: "That commitment deserves our full support. I welcome the Law Commission's consultation, which proposes reforms to make the law fairer and easier for kinship families to navigate."

Dr Jahnine Davis, National Kinship Care Ambassador, highlighted the necessity for clarity, stating, "I encourage kinship families to make their voices heard by sharing what matters most to them through this consultation."

The Law Commission invites input from a wide range of stakeholders, including kinship carers, parents, and local authorities, with responses due by 16 October 2026. The consultation paper can be accessed at www.lawcom.gov.uk/project/kinship-care/