Our kinship care policy tracker is your one-stop shop to understand and keep up to date with policy developments relevant to kinship care following the publication of the Independent Review of Children’s Social Care’s final report in England.
Below you can find our verdict on each of the Review’s recommendations for kinship care and what we’d like to see the Government do next. We’ll be keeping this page regularly updated as part of our campaigning with kinship carers.
Last updated: 26 July 2022
Significant progress
We believe these recommendations mark a step change in how we consider and support kinship care and represent major wins based on what we’ve campaigned for.
In the right direction
We think these recommendations could deliver major improvements for kinship families, but some important questions remain about their design and implementation.
Missing the mark
We don’t see strong recognition of kinship carers or their children in these recommendations and want to see the Government’s response go much further.
Recognising kinship care
The Review speaks boldly about “unlocking the potential of family networks” in articulating a new vision for children’s social care in the future.
Our verdict
We’re delighted to see such a strong emphasis on kinship care across the Review’s final report.
It rightly recognises that the “thousands of grandparents, aunts, uncles, brothers and sisters who care for their family members” have for too long been a “silent and unheard majority” in children’s social care who now deserve “far greater recognition and support”.
The establishment of a National Children’s Social Care Framework to set system-wide purpose and direction is welcome. Kinship care must be recognised as a central tenet in the planning and delivery of the Framework and other system-wide reforms (for example, development of the social care workforce and the establishment of a National Data and Technology Taskforce).
What should happen next
The Government needs to match this emphasis with its reform plans. Through the proposed National Children’s Social Care Framework, kinship care must be explicitly encouraged as part of objectives and outcomes around supporting a child within their wider family network. This must mark the end of the marginalisation of kinship care within child and family policy and practice.
The views and expertise of kinship families must be at the heart of future reform plans and policymaking which impacts on children and families.
Improvements must be made to the collection and sharing of data so we are able to know exactly how many children are growing up in kinship care and develop policy and services attuned to their and their carers’ needs.
Current status
The Government’s early response to the Review’s final report sets out a series of initial measures which include a commitment to establishing a new National Implementation Board, developing a National Children’s Social Care Framework, and plans to join up data from across the public sector.
It’s essential that the National Implementation Board includes representation of kinship carers and kinship care experts. Improvements to data sharing across the family justice system and local and national governments must be considered as part of plans for later in 2022.
Financial allowances
The Review recommends that financial allowances are provided to all special guardians and kinship carers with a child arrangements order looking after children who would otherwise be in care.
Our verdict
A non means tested financial allowance that matches the national minimum fostering allowance has been a key influencing priority for Kinship for a number of years. We’re extremely pleased to see the case we’ve built for a fair financial allowance through our surveys and other work recognised in the Review’s recommendation.
Access to a financial allowance will help ensure more carers can afford to meet the needs of the children they care for and will prevent more kinship families being plunged into poverty.
However, it’s essential that kinship carers without an SGO or CAO are also able to access the financial support they need through proposed Family Network Plans (FNPs), and that informal carers are supported to access financial help quickly should they need it.
What should happen next
The Government should accept this recommendation and work quickly towards guaranteeing this support to kinship carers in legislation. Local authorities should strengthen their financial support offers in advance of legislation.
A test of ‘would otherwise be in care’ risks excluding some families who would significantly benefit from the allowance and we suggest this condition is removed. Securing Government commitment to financial support for all kinship families will be a leading aim of our campaigning together with kinship carers.
The development of proposed FNPs must include a commitment to providing sufficient financial support for kinship carers who take on responsibility for caring for a child.
In the interim, the Government must urgently offer financial support to all kinship families who need help today, including long term kinship carers without a legal order.
Paid kinship care leave
The Review recommends that new special guardians and kinship carers with a child arrangements order should be given kinship leave, on a par with adoption leave.
Our verdict
We’ve consistently highlighted the impact of a lack of paid leave from employment for kinship carers and the impact this has for children and their carers. As such, we’re very pleased our call for paid leave equivalent to statutory Adoption Leave (i.e. up to 39 weeks) has been answered.
However, it will continue to be essential that kinship carers without a legal order are able to get the support they need from the local authority to cope financially and practically when a child comes into their care – for example, through a Family Network Plan (FNP). The Review suggests that support provided under FNPs could include “compensating someone for reduced working hours”.
What should happen next
The Government should implement this recommendation as soon as possible; there is no need to delay its roll out unnecessarily.
A test of ‘would otherwise be in care’ risks excluding some carers who would benefit enormously from a right to employment leave, such as those pursuing a legal order through private proceedings, and so we suggest this condition is not included.
The development of guidance around proposed FNPs must include a commitment to providing sufficient financial support for kinship carers who take on responsibility for caring for a child if the plan requires them to adjust their working arrangement.
Employers should be encouraged to offer enhanced flexible working arrangements (to include paid leave) to all kinship carers when they need it, including those without a legal order for the child.
Peer support for kinship carers
The Review recommends that local authorities should develop peer support for all kinship carers.
Our verdict
We have long advocated for the importance of peer support for kinship carers. It forms a core part of our programmes and we are proud to have built a strong evidence base for its effectiveness. As such, we are delighted the Review recommends that all kinship carers should have access to high quality peer support.
The strength of this support is reflected in the report’s profile of our Kinship Connected service (p101) and in Jaz’s story (p98). The Review also highlights the current rollout of the National Peer-to-Peer Support Service, commissioned by the Department for Education and delivered by Kinship, and recommends that “this programme needs expanding further and faster”.
Crucially, the Review proposes that peer support is extended to all kinship carers, including those without a legal order, and suggests that “local authorities should do more to promote these services, so that those kinship carers that have no ongoing involvement with children’s services departments are aware it exists and that they are eligible”.
What should happen next
The Government should accept this recommendation in full. The reform programme which follows the Review must support local authorities with meeting a commitment to offering and promoting peer support to all eligible kinship carers.
In the interim, the Department for Education should renew funding for an additional year of the National Peer-to-Peer Support Service and look to guarantee its long-term future. Local authorities should continue to work in partnership with the voluntary sector and existing peer support groups and services in considering the delivery of peer support.
Current status
The Department for Education has confirmed that the national Peer-to-Peer Support Service for kinship carers, delivered by Kinship, has been renewed for another year until December 2023. This is very welcome news and will make a significant difference for kinship carers like Debbie across England. The long-term future of peer support for kinship carers should be secured.
Preparation and training
The Review recommends that local authorities should develop training for all kinship carers.
Our verdict
The Review rightly recognises that training for new kinship carers is largely absent, and even when it is offered, kinship carers have noted “it was often inadequate or tailored to the needs of foster carers rather than kinship”.
This recommendation to improve training support is welcome, particularly to support with becoming a kinship carer and managing contact with birth parents. Again, we are extremely pleased to see this commitment extended to all kinship carers, regardless of legal order or lack thereof. The introduction of preparation workshops for kinship carers is included specifically within the Review’s table of expected impact on public finances over ten years (p215).
What should happen next
The Government should accept this recommendation in full and the resultant reform programme which follows should hold local authorities to account in the provision of preparatory training for kinship carers.
Local authorities should continue to work in partnership with the voluntary sector and existing training offers. Kinship will be delivering workshops as part of the National Peer-to-Peer Support Service and we already partner with a number of local authorities to deliver Kinship Ready – a programme of preparatory support for new special guardians tailored to their needs.
Access to legal aid and advice
The Review recommends that legal aid should be provided to prospective and current kinship carers in a range of circumstances.
Our verdict
The recommendation on legal aid is comprehensive and unlocks independent legal advice for prospective kinship carers considering a legal order, funding for family and friends pursuing a legal order in public or private law proceedings, and protection from costly litigation for existing kinship carers taken back to court by birth parents.
This matches the ask made in our Out of the Shadows report and far surpasses the existing commitment made by the Ministry of Justice in 2019 to extend legal aid to special guardianship orders in private family law.
What should happen next
This recommendation should be implemented without delay to ensure that both prospective and current kinship carers can access the legal aid and advice they need.
This should be non means tested to ensure all kinship carers can make the best possible decisions for children and are not pushed into financial insecurity.
Again, any test of ‘would otherwise be in care’ risks excluding some carers for whom access to legal aid and advice would be crucial to ensure family stability, and so we suggest a similar condition on this support is not included.
Current status
The Ministry of Justice has now confirmed that secondary legislation will be introduced in Autumn 2022 to fulfill the commitment made in 2019 to extend legal aid to special guardianship orders in private law cases. No additional extension or change to eligibility has been announced as part of this change.
Supporting kinship arrangements
The Review proposes a new legal right to family group decision making and new funded Family Network Plans (FNPs) to better support kinship carers.
Our verdict
The Review recognises that, too often, the system overlooks family members who could care for a child with proper support. A legal right to a family group decision making process could help ensure both short and long term kinship options are identified earlier.
Proposed Family Network Plans (FNPs) would provide stronger legislative and financial backing for local authorities to flexibly fund and support family members to care for a child, providing clarity and security for kinship carers, children, and families. Plans could include commitments such as “providing funding to make adaptations to a relative’s home through to compensating someone for reduced working hours”. If properly realised and sufficiently funded and prioritised, the use of FNPs to support a range of different partial or substantial kinship arrangements could be game-changing for families, and increase both the breadth and diversity of kinship care across the country.
We are supportive of locating early family help services in community and neighbourhood settings which are more accessible to kinship carers who often feel stigmatised.
What should happen next
The Government should respond positively to these recommendations.
However, the operation of the existing system highlights the gap which can emerge between policy and practice. Existing legislation and guidance is clear on the prioritisation of family options when a child cannot live with their parents, but we know this is often ignored or misunderstood.
The proposed National Children’s Social Care Framework’s practice guides and other accompanying guidance on the delivery of FNPs must be clear on properly supporting the use of flexible kinship options. Government funding must be sufficient to allow local authorities to truly support kinship carers in a range of circumstances.
It is also important that existing kinship carers with a legal order are not ‘locked out’ of possible enhanced support and that they can also be supported through FNPs where appropriate to prevent breakdown of kinship family arrangements.
All those involved in delivering services for children and families must have a strong awareness and understanding of kinship families and their unique needs and strengths. We believe there should be kinship care specialists within the social care workforce who have the training and knowledge to support FNPs involving kinship care arrangements.
Informal kinship carers
The Review recommends establishing a legal definition of kinship care to improve the visibility of and support for all kinship families, including those in informal or private arrangements.
Our verdict
If implemented well, the use of FNPs to deliver kinship care arrangements for more children should improve the support given to those not cared for under a legal order according to their needs.
However, there will always be a group of kinship families in informal or private arrangements without any involvement from children’s services who would benefit from support. Establishing an inclusive and robust definition of kinship care may help ensure they are better targeted and supported to access services, and help improve the visibility of and support for all kinship families across Government policymaking. It could also support much more robust data collection on kinship families.
It’s vital any definition isn’t used to simply exclude those without legal orders from support which they would benefit from, and that there are mechanisms whereby existing informal carers can access support they might need without delay if circumstances change. This is important particularly because Black and minority ethnic children are underrepresented in formalised kinship arrangements, and so are disproportionately less likely to benefit from recommendations targeted only at kinship families secured by a legal order.
What should happen next
Informal kinship carers must be included in eligibility criteria for support which would benefit them; any new definition of kinship care shouldn’t be used as a tool to exclude specific groups but to ensure imformal carers have better access to information about support they could be eligible for if their circumstances deemed so.
Future equality impact assessments should explore the extent to which targeting recommendations at only those kinship families secured by a legal order would disproportionately miss Black and minority ethnic children in kinship care and deny them and their carers support in doing so. Implementation plans must consider how to address these and other equality gaps so that particular cohorts of carers are not knowingly disadvantaged.
Kinship carers, children growing up in kinship care, kinship care experts and the voluntary sector must be involved in the development of any legal definition of kinship care.
Wider policymaking across other Government departments must too recognise the needs and strengths of all kinship families; this extends to other relevant programmes (such as Family Hubs) and other policy areas and public services including health, welfare and housing. We need to see greater awareness of kinship care in all its forms across Government with policies and services designed to reflect their unique circumstances.
Support for children in kinship care
The Review’s recommendations do not include securing a right to extra support for children growing up in different forms of kinship care, including those under a legal order.
Our verdict
It is disappointing that the Review does not make a stronger case for children growing up in kinship care to be eligible for much of the additional support unlocked by the ‘looked after’ status for children in care, such as support from a virtual school, priority access for school admission, or a right to a mental health assessment. We have previously called for this and other support to be extended to all children in kinship care too given their similar needs and experiences.
We expect the proposed FNPs to provide the mechanism and funding by which such support could be unlocked for some children in kinship care, but the right to similar support for those cared for under an SGO or CAO is absent in current proposals.
What should happen next
As part of its response to the Review, the Government should establish a set of rights to enhanced support across education, health and family contact for all children in kinship care. These should sit alongside other proposed recommendations for improved support for kinship carers, such as the introduction of financial allowances and access to peer support and training, as part of the planned timeline for reform.
The Review’s recommendations for reforming advocacy for children in care can and should be extended to include children in kinship care too so that children have access to an independent advocate when they need it. The Children’s Commissioner should have particular regard for all children in kinship care and work to uphold their rights.
Kinship carers’ engagement with proceedings
The Review shares proposals to improve parental engagement with the family court, but fails to explicitly extend these recommendations to kinship carers.
Our verdict
The Review rightly recommends that proposed National Children’s Social Care Framework practice guides promote effective practice for engaging families and that parental representation should be offered to all families in child protection. It also recommends that the Public Law Working Group should “lead work to bring learning from the Family Drug and Alcohol Courts and other problem solving approaches into public law proceedings, to make proceedings less adversarial and improve parents’ engagement in the process”.
Experiences in the family courts – which are frequently adversarial – can often cause significant tension and conflict between birth parents and kinship carers which impacts on their and the child’s long-term relationships. The recommendations above regretably omit any consideration of wider family members as kinship carers and their experiences with proceedings in the family court.
What should happen next
Much of the existing recommendations for birth parents, such as an offer of independent advocacy and representation during the family group decision making process and in family court proceedings, can and should be extended to kinship carers too as part of any future reform programme.
Kinship carers should be given the right to a role in legal proceedings where there is potential that they could become a kinship carer. The family justice system should recognise kinship carers in public care proceedings and seek to involve them in an accessible way, where appropriate.
In addition, all kinship carers, birth parents and children should be offered support to manage contact following proceedings to ensure good long-term relationships.
