Some initial thoughts on kinship care law reform

Andrew Bainham Emeritus Reader in Family Law and Policy University of Cambridge

This article is concerned with the reform of kinship care law in the light of recent governmental policy announcements. The intention of government is to give greater prominence to kinship care arrangements and to encourage the care of children in their wider families rather than in the care of the state. One aspect is the reference by the former Conservative government to the Law Commission requesting that it review the current law especially court orders affecting kinship carers. The Commission has also been invited to consider whether a new bespoke order for kinship care might be warranted.

After setting out the policy background the author explores the deficiencies in the current legal regime as it applies to parental responsibility for children in kinship care. He looks at the legal effects of the various orders as they apply to kinship carers. He then makes suggestions for reform and debate. Consideration is given to the definition of kinship care financial allowances legal advice representation and party status for potential...