Around 1.1% of children in England and Wales are currently being raised by a kinship carer, according to the latest government figures. That might sound like a relatively small figure, but in practice, it means that as many as 141,000 children are being raised by someone other than a biological parent.
What is kinship care, and how does it differ from other forms of care?
Kinship care is officially defined as:
“Any situation in which a child is being raised in the care of a friend or family member who is not their parent.”
There are multiple reasons why kinship care may take place. A parent may be financially unable to take care of their child, they could be facing ill health, may be abusive, have work commitments which prevent them from being there in a parental capacity, be in prison or have other children to care for.
Research indicates that around half of children in kinship care live with a friend or relative because their parent is dealing with drug or alcohol issues which leave them unable to properly care for their child.
The main difference between kinship care and other forms of care is that it tends to be informal. Typically, the responsibility for raising the child will fall to a relative – commonly a grandparent but also an elder sibling, aunt, or uncle – or a family friend or neighbour.
Kinship care could be implemented due to a child arrangements order, or in the event of a child being looked after by the local authority, following an application from a friend or family member to be a kinship foster carer.
What legal rights and responsibilities do kinship carers have?
Munira Wilson MP poignantly described kinship care as “The Cinderella service of our children’s social care system” when introducing her 2022 Kinship Care Bill.
In its first reading, the bill seeks to give a statutory definition to kinship care so that legal provisions such as the right to parental leave and other kinds of allowances can be afforded to them.
In most cases, the kinship carer won’t have parental responsibility for the child they are raising. This means they have no legal right to contribute to major decisions regarding the child – for example, which school they should attend, where they should live or whether they should undergo certain medical treatments.
Kinship carers can apply for a court order should they wish to formally be recognised as the child’s guardian or obtain parental responsibility. They may be eligible for financial support in the form of Child Benefit or Universal Credit, depending on their personal circumstances.
How can kinship carers gain support for their role?
A 2020 task force set up to explore the issue of care found that it was “widely unrecognised, underappreciated and often poorly supported”. Despite kinship care often becoming necessary due to very challenging or upsetting circumstances the task force found that support wasn’t as readily available as in other instances of a child being placed in the care of a non-parent.
Despite this, there is growing recognition of the vital role that kinship carers provide.
What resources and legal assistance are available to kinship carers?
Becoming a kinship carer is a big decision and one that can have notable financial and emotional repercussions for the kinship carer. Support is often delivered by the local authority, and therefore different across the country.
Without a standardised network of resources and formal support frameworks, many kinship carers find themselves feeling isolated and alone. A recent report by the charity Kinship concludes that many kinship carers find it difficult to access the support they need. This can result in financial or food insecurity, issues with mental health or feelings of loneliness.
Several charities are focused on the issue of kinship care. Kinship and Compass both offer specialist support to kinship carers. This includes online and in-person support groups, free advice, and resources to help kinship carers address common challenges.
When a child lives with a kinship carer because of an informal agreement, the parent must still financially support their child to ensure their basic needs are met.
Local authorities can also provide advice and guidance. An increasing number provide targeted support for kinship carers, including practical help to access financial assistance.
National Legal Service can also provide legal support to kinship carers. Contact one of our family solicitors to discuss your situation on confidence and learn more about the options open to you.
