Kinship care: what you need to know

Aqib Khan provides a critical guide for local government lawyers and social workers on kinship care.

What is kinship care and what is this guidance?

The Department of Education has produced statutory guidance in October 2024, namely Kinship Care. Issued under Section 7 of the Local Authority Social Services Act 1970, it provides legal clarity without creating new statutory duties. It draws attention to the legal mechanisms available to ensure the welfare of children in kinship care, stressing that local authorities must act under the guidance of the Secretary of State, unless exceptional circumstances justify otherwise.

For the purpose of this guidance, “kinship care” is any situation in which a child is being raised in the care of a friend or family member who is not their parent. The arrangement may be temporary or longer term.

With the release of the updated guidance, this signals a well needed welcome break for kinship cares themselves, as it formulates a clear strategy for the support our kinship carers require. It also offers a framework for local authority lawyers and social workers alike in order to assess and provide support, recognising that each and every child's situation is unique.

Why kinship care matters

Kinship care is where a child is raised by extended family, friends, or other connected persons, and it provides a stable, familiar environment for children who cannot live with their parents.

Often seen as a preferable alternative to stranger foster care, kinship care reduces the trauma of separation and maintains important cultural and familial bonds. Local authorities have a statutory duty to support these carers, further explored in this article, ensuring that children are protected and their carers have the necessary resources to meet their needs.

Kinship care arrangements span from informal placements to formal legal arrangements, such as Child Arrangements Orders (CAOs), Special Guardianship Orders (SGOs), and kinship foster care. Each arrangement brings specific responsibilities for local authorities, and the updated guidance sets out clear expectations for how these responsibilities should be met.

A framework grounded in law

This statutory guidance builds on a range of legal frameworks, most notably the Children Act 1989, Children and Families Act 2014, and the Domestic Abuse Act 2021.

1. Children Act 1989: This foundational UK legislation outlines the framework for child welfare, emphasising that children are best cared for within their family networks unless intervention is necessary to safeguard their welfare. It includes key provisions such as Section 17 (support for children in need) and Section 20 (duty of local authorities to provide accommodation for children in need).
2. Children Private Arrangements for Fostering Regulations 2005: These regulations govern private fostering arrangements where a child is cared for by someone who is not a close relative for more than 28 days. It sets out notification requirements and the role of local authorities in overseeing the arrangement.
3. Fostering Services England Regulations 2011: These regulations set out the standards for fostering services, including the approval and supervision of foster carers, with specific provisions for kinship foster carers (relatives or friends providing foster care).
4. Adoption Statutory Guidance 2013: This guidance provides legal requirements for adoption procedures, outlining the responsibilities of local authorities and adoption agencies, including the support services available for kinship carers who may adopt the children they care for.
5. Special Guardianship Regulations 2005: These regulations offer guidance on special guardianship orders, which give a carer parental responsibility for a child while preserving certain rights for the birth parents. This is often used by kinship carers to provide long-term care without breaking legal ties with the birth family.
6. Care Planning Placement and Case Review England Regulations 2010: These regulations govern the care and placement of looked-after children, setting standards for care plans and the review processes to ensure that the child’s welfare is safeguarded.
7. Children and Families Act 2014: This act introduced reforms to child protection, including provisions for special educational needs, family justice, and shared parental leave. It also emphasises the importance of supporting children within their family networks.
8. Children’s Social Care National Framework Statutory Guidance 2023: This recent guidance outlines the outcomes and expectations for children’s social care services, focusing on supporting children in need and those in kinship care arrangements.
9. Domestic Abuse Act 2021: This act provides protection and support for victims of domestic abuse, including provisions that address the impact of abuse on children. Local authorities must consider the needs of children in abusive environments, particularly when placing them in kinship care.

These laws and regulations create a comprehensive legal framework for kinship care to prioritise children’s welfare and support their carers.

Key legal pathways for kinship care

1. Informal kinship care

Informal arrangements are common, particularly in cases where children are cared for by close family members without local authority involvement. However, where children are assessed as being in need, support must be provided under Section 17 of the Children Act 1989, even in informal arrangements. This could include financial aid, respite care, or other supportive services.

2. Private fostering

Private fostering refers to situations where a child is looked after by someone who is not a close relative (as defined by the Children Act 1989) for more than 28 days. Local authorities are required to assess these arrangements and monitor the child’s welfare, even if the child is not formally "looked after."

3. Child Arrangements Orders (CAOs) and Special Guardianship Orders (SGOs)

For long-term kinship care arrangements, relatives or connected individuals may apply for CAOs or SGOs. These orders give carers parental responsibility, though SGOs grant more autonomy by allowing the carer to make decisions to the exclusion of birth parents. These legal tools ensure that children can grow up within their family networks without needing to remain in formal care.

4. Kinship foster care

For children who are looked after by the state but placed with relatives or friends, the kinship carers must be approved as foster carers under the Fostering Services (England) Regulations 2011. Local authorities must offer these carers the same support as mainstream foster carers, including financial allowances and training.

The introduction and role of the Kinship Local Offer

A major update in the 2024 guidance is the requirement for local authorities to publish a Kinship Local Offer, outlining the support available to kinship families.

This is more than just a policy document—it is a lifeline for carers who often face emotional and financial challenges.

The Kinship Local Offer must provide clear, accessible information on:

• Financial support: Kinship carers often face unexpected financial pressures. Under Section 17, local authorities can provide regular financial support to help meet the child's needs, without requiring the child to enter formal care.
• Respite care: Caring for children, particularly those who have experienced trauma, can be demanding. Respite services should be made available to provide temporary relief to carers, reducing the risk of carer burnout.
• Training and therapeutic support: Carers should have access to the same training as foster carers, with additional resources for managing trauma and behavioural challenges that children may face.
• Legal advice: Kinship carers must be informed about their legal options, such as pursuing SGOs or CAOs, and should be supported in navigating these processes.

Principles that underpin kinship care practice

The Children’s Social Care National Framework and the 2024 guidance emphasise a child-first approach. The key principles underpinning this are as follows:

1. Children’s welfare is paramount 

Decisions must prioritise the child’s long-term welfare, ensuring that placements in kinship care are both safe and supportive of the child’s emotional and developmental needs.

2. Family networks first 

Before considering stranger foster care, local authorities should explore whether family or friends can provide care. Kinship care is preferred when safe and feasible, helping children maintain family connections.

3. A tailored approach to each child 

Local authorities must assess each child’s individual situation, ensuring that the chosen care arrangement meets their specific needs while providing necessary support to the carers.

The safeguarding imperative

Even in kinship arrangements, safeguarding must remain at the forefront. Local authorities are required to undertake comprehensive assessments of kinship carers to ensure the child’s safety, focusing not only on physical conditions but also on the emotional and relational dynamics within the family.

• Holistic assessments: Assessments should be thorough, considering the carer’s capacity to meet the child’s needs, manage family dynamics, and provide a stable environment. Importantly, the emotional toll on carers must be considered, particularly when they are dealing with the same trauma or loss that led to the child’s placement with them.
• Family Group Conferences: Before formal care proceedings, local authorities should use Family Group Conferences (FGCs) to explore kinship care options within the family network. FGCs help identify potential carers early and can prevent children from unnecessarily entering the care system.

The role of the National Kinship Care Ambassador

A newly created position, the National Kinship Care Ambassador, will work directly with local authorities to improve services for kinship families. The Ambassador will provide bespoke advice, share best practices, and ensure that kinship carers and children are at the renter of decision-making processes. Local authorities should take advantage of this resource to ensure they are offering the best possible support to kinship families.

The National Kinship Care Ambassador will serve as an advocate for kinship children and their carers, engaging directly with local authorities to enhance service delivery while promoting the exchange of best practices across different regions. The Ambassador will work collaboratively with kinship children, carers, Directors of Children’s Services, and other professionals, using established forums to identify and implement strategies aimed at improving the experiences of kinship families, ensuring their central role in both service provision and policy development.

The Ambassador's role includes working in partnership with local authorities by:

1. Providing tailored advice, support, and constructive challenges to local authorities by sharing best practices and empowering them to enhance key areas of service.
2. Offering feedback on local authorities' kinship care systems in a critical friend capacity, achieved through visits and discussions with leadership, managers, and frontline staff to assess the strengths and weaknesses of local kinship services.
3. Identifying strengths and areas for development within local authorities and assisting in formulating comprehensive and achievable plans for national improvement.

While the Ambassador aims to support all local authorities, their capacity is finite, and the level of support offered may vary accordingly.

Practical implications for lawyers and social workers

For lawyers:

1. Legal strategy: Depending on the specific needs of the child, you should advise clients on the most appropriate legal tools, such as SGOs or CAOs, to provide stability without unnecessary state oversight. Ensure that kinship carers are aware of their rights and the benefits of formalising their role through these legal pathways.
2. Accessing support: When representing clients involved in kinship care arrangements, ensure they understand their eligibility for financial support, training, and respite services. Advocate for comprehensive assessments that do not force families into formal care merely to access support.

For social workers:

1. Promote the Kinship Local Offer: Ensure that kinship carers are informed about the full range of services available to them. The Kinship Local Offer should be widely publicised, and social workers should actively guide families in accessing these supports.
2. Safeguard through strong assessments: While kinship care offers a sense of familiarity, it’s vital to maintain rigorous safeguarding practices. Holistic assessments should include not only the physical environment but also the emotional and psychological dynamics within the family.
3. Support kinship foster carers: If kinship carers are approved as foster carers, ensure that they receive the same financial, training, and emotional support as traditional foster carers. The unique challenges kinship foster carers face, particularly in navigating relationships with the child’s birth parents, should be recognised and addressed.

Conclusion: a path forward for kinship care

The 2024 statutory guidance on kinship care reaffirms the importance of family networks in providing stable, nurturing environments for children who cannot live with their parents. As local government lawyers and social workers, you play a crucial role in implementing this framework. By recognising the unique challenges of kinship care and ensuring comprehensive support, you help safeguard children’s futures while preserving vital family connections.

Your work in this area has the power to transform lives, enabling children to thrive in environments where they are loved and cared for by those they know best. Embrace this guidance, and ensure that every child in your care has the opportunity to grow up in a safe, supportive, and loving family.

Aqib Khan is a Locum Child Protection Solicitor & Advocate.