Rethinking Kinship Care in England and Wales: A Critique of Law and Practice

Abstract

Kinship care (also known as connected persons care) in England and Wales has seen a significant increase and used option in care proceedings in recent years, highlighting the need for a comprehensive understanding of its implications and the support required for both the carers and the children involved. Kinship care is an essential part of the safety net for children who are unable to remain in the care of their parents. It is an age long family resource which has provided diverse types of support to family members in need. This paper aims to delve deeper into the regulatory framework and practice of kinship care vis-a-vis the outcomes for children in such care, shedding light on the challenges they face and the potential benefits of kinship care in England and Wales. By examining the background and significance of kinship care, this study seeks to inform policies and interventions aimed at improving the well-being of children in kinship care arrangements.In effect, this article discusses the concept of kinship care and its practicalities or otherwise in England and Wales. It critically considers the benefits and challenges of kinship care and its impact on both the carers and the children cared for. Whilst the article does not aim to provide a solution to practice difficulties, it attempts to provide some insight for practice and policy. Furthermore, it offers a critical assessment and engages the law and policy considerations to the use of kinship care and the support offered. It contributes to scholarship on the subject of kinship care and contends that kinship care is very advantageous for the children therefore practice needs to be unified with policy to support the carers and minimise if not eradicate the challenges particularly the challenge with regards to the provision of support to the caregivers.

Keywords: kinship care, foster care, England and Wales, Family law, child law.

DOI: 10.7176/JLPG/141-08

Publication date: April 30^th 2024