On Friday 11 October 2024, the Department for Education published new statutory guidance for local authorities in England. This guidance has a focus on:
- how local authorities should support children in kinship care and kinship carers; and
- the duties and expectations of local authorities towards kinship families.
What is Kinship Care?
The updated guidance defines kinship care as any situation in which a child is being raised by a family member, friend, or other connected individual, usually because their parents are not able to care for them. These arrangements can be either temporary or long-term.[1]
According to the 2021 census, there are over 163,000 children in Kinship care in England and Wales.
Purpose of Statutory Guidance
The guidance does not create new legal duties but stresses compliance with existing ones, like those in the Children Act 1989 and the Children and Families Act 2014. It consolidates and organises current laws and best practices into a comprehensive document, which helps local authorities to implement effective policies to provide better support to the families concerned.
Two key changes brought in by the updated guidance are:
- A requirement for local authorities to publish a kinship local offer, which increases transparency and accountability by detailing the support available for kinship carers. This support includes financial assistance, practical support (such as advice, guidance, and training), as well as emotional support, recognising that kinship carers may face unique and complex challenges.
- Extending the application of the fostering National Minimum Standards to kinship care situations so that local authority’s base decisions about approving kinship carers on the needs and best interests of the child.
The guidance also introduces the role of the national kinship care ambassador, who will act as a resource for the local authority, offering personalised guidance, promoting best practices and advocating for kinship families.[2]
Conclusion
While the guidance provides a clear document outlining what local authorities should do, new legislation for requirements like the kinship local offer is also essential to act as an authority, and to ensure accountability in the reliable implementation of support for kinship carers. It is evident that more steps need to be taken to ensure that adequate support is provided to kinship carers, but this is a positive step in the right direction.
Reach Out for Advice
If you are a kinship carer or you are planning to become one and need advice, please contact us for guidance and support, you can email us at mail@goodmanray.com or email the solicitor you would like to work with directly using their email address on their profile. Alternatively, feel free to ring us on 020 7608 1227 and you will be able to speak with someone who can discuss how we can assist you.
[1] https://assets.publishing.service.gov.uk/media/670d3ed5e84ae1fd8592f2fa/Kinship_Care_-_statutory_guidance_for_local_authorities__October_2024.pdf
[2] https://www.familylawweek.co.uk/articles/kinship-care-a-critical-guide-for-local-government-lawyers-and-social-workers/
Article written by Novlet Levy and Gabrielle Felix
