Kinship Care Reform: What Could Change for Families Stepping in to Care for a Child?

For the grandparent who stepped in when a daughter was struggling, or the sibling who took on a younger brother when circumstances changed – kinship care is one of the most significant commitments a family can make. The Law Commission has been consulting on reform of kinship care law, with the consultation closing on 16 October 2026. If someone you love is being cared for by a family member or close friend – or if you’re the one stepping in – here is what the proposals could mean for you.  

What kinship care actually means  

Kinship care is when a child is cared for full-time by a relative or close family friend because their parents are unable to do so. The people stepping in are most often grandparents, aunts and uncles, or older siblings, although it can be any adult with a close existing relationship with the child.  

Sometimes this happens in a crisis: a parent becomes seriously ill, a relationship breaks down suddenly, or concerns arise that mean a child can no longer safely stay at home. Sometimes the change is more planned, a gradual handover agreed between family members because it is going to be the right arrangement for the child.  

Kinship care is not adoption. The child’s legal relationship with their parents remains intact. What changes is who is providing the day-to-day care, and how much legal authority the carer has to make decisions on the child’s behalf. According to the national charity Kinship, there are more than 141,000 children in kinship care arrangements in England and Wales. Many of these arrangements exist without any court order at all.  

Why the current system falls short  

Kinship carers occupy an unusual position in family law. They take on many of the responsibilities of a parent, often at short notice and with significant personal sacrifice, but the legal framework doesn’t always reflect that. The National Kinship Care Strategy, published in 2023, acknowledged that kinship carers receive far less support than foster carers, despite often looking after children with similar levels of need. There is no automatic entitlement to paid leave when a kinship carer takes on a child. There is no consistent financial support. The legal tools that are available, though useful, were not designed with kinship care in mind.  

The Law Commission’s consultation has been asking whether the law should change to address that. These are proposals, not current law, and nothing changes unless Parliament acts. However, the direction it’s taking reflects how seriously the issue is now being taken.  

The difference between informal and formal arrangements  

Many kinship care arrangements work without any legal order. A grandparent might take the children while a parent recovers from illness or an aunt may step in after a family crisis. Things settle, and no one makes a formal application to court. This can work well, particularly when everyone agrees and the arrangements are relatively stable.  

However, informal care comes with real limitations. Without a court order, a kinship carer has no automatic parental responsibility. That means they may struggle to enrol the child in school, consent to medical treatment, apply for a passport, or make other everyday decisions without involving the child’s parents.  

If the arrangement breaks down – or if a parent later wants the child back – there is no court order to enforce or challenge. The carer’s position is legally precarious, however settled the practical reality may be. Formalising the arrangement through a court order gives the carer legal standing and makes the arrangement harder to ‘unpick’ without a further court hearing.  

Child Arrangements Orders and Special Guardianship Orders  

The two main legal tools currently available to kinship carers are the Child Arrangements Order (CAO) and the Special Guardianship Order (SGO).  

A CAO records who a child lives with and, where relevant, arrangements for spending time with a parent or parents. It grants parental responsibility to the carer for the duration of the order, but the parents retain their parental responsibility too.  

An SGO goes further. It gives the special guardian parental responsibility and, subject to certain exceptions, allows them to exercise it to the exclusion of others with parental responsibility. It is designed to provide greater stability and permanence than a CAO, and is often used where the court wants to give the carer real authority without severing the child’s legal tie to their birth family (as adoption would do).  

Both orders involve the family court and both can become contentious if a parent does not agree with the arrangements. Where it is safe and appropriate when there is disagreement between the carer and the child’s parents, mediation is often a constructive first step and may help families try to come to agreement before any court application.  

What parental responsibility means in practice  

Parental responsibility is defined under the Children Act 1989 as all the rights, duties, powers, responsibilities and authority that a parent has in relation to a child.  

In practice, it covers decisions about education, medical treatment, travel, religion and where the child lives. More than one person can hold parental responsibility at the same time. A kinship carer with an SGO can override a parent’s decision in most day-to-day matters, but both still hold parental responsibility in a legal sense.  

For kinship carers without any court order, the absence of parental responsibility can create real practical difficulties, particularly with schools and NHS services, which will often ask to deal directly with someone who does have responsibility.  

What the proposed Kinship Care Order would change  

One of the central proposals in the Law Commission’s consultation is the creation of a new Kinship Care Order (KCO). This would be a dedicated court order for kinship carers, separate from the CAO and SGO, designed specifically to reflect what kinship care actually involves. It would give the carer clear parental responsibility, but sitting alongside, rather than replacing, the parents' own. If adopted, a KCO would replace the use of CAOs and SGOs for kinship carers going forward – though existing orders would remain valid and unaffected.    

The proposals also suggest the KCO could come with an entitlement to support – something the current orders do not guarantee. This is one of the most significant aspects of the consultation, because it would represent a formal acknowledgement that kinship carers need and deserve ongoing help.  

The consultation also proposes a separate mechanism: a Kinship Parental Responsibility Agreement (kinship PRA). This would allow parents to formally grant parental responsibility to a close relative who is already caring for the child – without the need for a court order at all. It could be set up in advance of a planned arrangement, or before a family situation reaches the point of crisis, and could last anywhere from one year to the child's eighteenth birthday. For families where a kinship arrangement is agreed and cooperative, this could be a far more accessible route than going to court.  

It is important to note that these are proposals only. A new KCO or kinship PRA would require primary legislation and  the Law Commission’s final recommendations are not expected until autumn 2027.  

Other proposals  

Beyond the KCO and kinship PRA, the Law Commission is also consulting on improving consistency in how kinship foster carers are assessed across England and Wales – an area where standards currently vary significantly between local authorities. It is also seeking views on whether targeted reforms to the existing CAO and SGO framework would be preferable to introducing a KCO.  

Separately, wider government policy on kinship care – set out in their 2023 National Kinship Care Strategy – has recognised the need for greater financial and practical support for kinship carers, including in areas such as employment leave and allowances. These are distinct from the Law Commission's legal proposals but part of the same broader picture of change.  

The wider landscape is also continuing to develop, with new duties under the Children's Wellbeing and Schools Act 2026 and updated statutory guidance for local authorities coming into effect during 2026  

Where families can find support  

If you are a kinship carer or are considering stepping in to care for a child, the national Kinship charity offers peer support, advice and practical guidance. Kinship’s Guide to Kinship Care is a good starting point if you are new to this. Their Kinship Compass tool can help you find local support services in your area. The government’s guide to looking after someone else’s child is also a useful overview of the options available and the support to which you may be entitled.  

A good first step is to understand which type of arrangement you have, or are considering. Informal care, a CAO and an SGO each carry different legal implications. The right option depends on the specific circumstances of the child and the other people involved.  

If children's services are involved, it is important to establish whether the matter remains a private family arrangement or has become part of public law proceedings, such as care proceedings brought by a local authority. KJS specialises in private family law. If your circumstances involve public law proceedings, then the Kinship charity or your local Citizens Advice can point you towards the right support.  

If the arrangement is, or is likely to become, a private one (usually between family members, but without local authority involvement) we can help you understand your options.  

If you are thinking about making it formal  

For grandparents and other family members who are already providing full-time care, speaking to a solicitor sooner rather than later helps you understand your legal position. A solicitor can tell you what authority you actually have right now, and whether formalising the arrangement would better protect you and the child.  

If you have a CAO or SGO already in place and are wondering what the Law Commission’s proposals might mean for you, the short answer is: nothing changes yet. Existing orders remain valid and enforceable. The consultation is about future law, not current arrangements.  

Whatever the legal arrangement, the thing that kinship carers share is a commitment to a child's stability and wellbeing. Getting the right legal advice early helps ensure that this commitment is properly protected.  

At KJS, we work with families at every stage – whether that is the first conversation about whether to formalise an arrangement or representing carers in court proceedings. We are part of an ecosystem of care that includes support charities and other professionals working in the best interests of children and families. If you would like to talk through your situation, we offer a free 45-minute consultation. Get in touch with our team.