Kinship carers in the courts Part I: a look at the case law

In the light of the Law Commission’s recently commenced project on Kinship Care, the author looks at some decisions of the Family Court which have involved prospective or current kinship carers. Such cases cut across the public and private law and adoption. The aim is to give a flavour of the kinds of issues with which the courts have had to deal in selected reported cases.

The primary focus of Part I of this article is on public law children cases. It begins by considering case law on identification and assessment of potential kinship carers. Consideration is then given to cases which have concerned the borderline between public and private arrangements where there has been local authority involvement. This is followed by an examination of cases on removal of children, interim care and the use of child arrangements orders. Finally, the author looks at case law exploring the alternative orders for permanence, particularly special guardianship and adoption. 

The full article has published in the January issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

Read the full article here.