Law Commission Kinship Care Consultation Paper published today
The Law Commission has published its Kinship Care Consultation Paper today. It sets out the key issues they have identified with the legal frameworks that govern different types of kinship care arrangements. Alongside reflections and analysis, the paper also sets out their provisional proposals for reform. Running to 310 pages, CoramBAAF will take the time needed to absorb and reflect on the many issues, observations, ideas and proposals contained in the paper. The case for reform of the law though is clear, and the Law Commission identifies how the current legislation and processes surrounding kinship care can lead to a “variation in rights and entitlements for families” – we know this can lead to families receiving different support and interventions in their family life based on legal status not need or individual circumstance. The Law Commission is therefore provisionally proposing a bespoke Kinship Care Order (KCO) which would be a flexible order “tailored to the facts of the individual kinship care arrangement, to meet the needs of the child and their family”. In recognition of the high numbers of ‘informal’ kinship arrangements they also provisionally propose a kinship parental responsibility arrangement (kinship PRA) where parents could share parental responsibility with close family members caring for a child without the need for a court order.
Alongside the full consultation paper, they have also published a summary (in English and Welsh) and an easy read version.
There is much to digest, interrogate and consider, and CoramBAAF welcomes this detailed review of the law surrounding kinship care. The consultation period runs from 8 July to 16 October. We welcome the views of members on the proposals and will be engaging directly to hear your thoughts. Look out for details of a briefing session to support our response to the consultation, and keep an eye on communications about our annual Kinship Conference 2026.