Consultation proposes simpler legal rights and a new court order for kinship carers
The Law Commission has launched a consultation proposing significant reforms to simplify the legal framework for kinship care and make the system easier to navigate for those caring for children.
Published on 8 July 2026, the consultation sets out provisional proposals that could affect more than 160,000 children living in kinship care. These arrangements arise when relatives or close family friends, such as grandparents, aunts, uncles or family friends, step in to care for a child because their parents are unable to do so.
A central proposal is the creation of a new Kinship Care Order (KCO). The Law Commission says this single court order could replace the current mix of legal arrangements, including Child Arrangements Orders and Special Guardianship Orders, which can produce inconsistent outcomes and be difficult for families to understand. The proposed KCO would provide a more tailored legal framework based on the individual circumstances of each child.
As an alternative, the consultation also explores reforms to existing Child Arrangements Orders and Special Guardianship Orders to improve how they operate for kinship families.
The consultation further proposes the introduction of Kinship Parental Responsibility Agreements, which would allow parents to grant parental responsibility to a closely related kinship carer without needing to apply to court. According to the Law Commission, this could make it easier for carers to deal with schools, healthcare providers and other services on behalf of the child.
In addition, the Commission proposes changes to the way local authorities in England assess kinship foster carers. The suggested reforms are intended to improve consistency and ensure assessment processes better reflect the circumstances of kinship families.
Professor Lisa Webley, the Law Commission’s Commissioner for Property, Family and Trust Law, said kinship carers play an essential role in keeping children safe and connected to their families. She said the current legal framework is fragmented and difficult to navigate, adding that the proposals are designed to provide a simpler system, clearer rights and a more flexible legal framework for kinship care.
The consultation has been supported by Josh MacAlister OBE MP, Minister for Children and Families, who said the Government is reforming children’s social care to strengthen family networks and improve outcomes for children. Delyth Jewell MS, Welsh Government Deputy Minister for Social Care, Mental Health and Women’s Health, also welcomed the consultation and encouraged kinship carers, young people and professionals to contribute their views.
The Law Commission is inviting responses from young people with experience of kinship care, carers, parents, local authorities, social workers, legal professionals, charities and others with an interest in the subject. The consultation closes on 16 October 2026, after which the Commission will consider the evidence before making final recommendations to the UK and Welsh Governments.