Law Commission’s consultation on kinship care
Resolution has responded to the Law Commission's consultation on kinship care.
Resolution has responded to the Law Commission’s consultation on kinship care. The Law Commission’s provisional proposals include a proposal for a new form of kinship care order, which could be tailored to reflect the particular circumstances of the child in the kinship care arrangement, as well as those of their parents and kinship carer.
Resolution believes that kinship carers provide vital care for children who deserve to grow up within their family, yet they often receive insufficient practical, financial and legal support. Resolution members are particularly concerned about difficulties with contact arrangements, access to specialist education and navigating complex processes, with support varying significantly between local authorities. We consider that existing legal orders (CAOs, SGOs and COs) largely meet current needs, although an interim SGO could be helpful.
Resolution urges the Government to use this opportunity to review support for kinship carers, including introducing a properly funded early legal advice scheme covering all parties, with rates that reflect the cost of providing advice, and expanding access to legal aid for mediation involving all relevant family members. Better access to legal advice and mediation could help resolve disputes, support contact arrangements and reduce placement breakdowns, ultimately improving outcomes for children and families.
Resolution,
October 2026