Kinship Care Reform in 2026: What the changes could mean for families

By Emma Evans - Senior Associate

Published 7th August 2026

For many years, kinship carers have been the backbone of family support networks across England and Wales. Grandparents, aunts, uncles, older siblings and close family friends often step in when parents cannot care for a child, providing stability at a moment of crisis (frequently at significant personal and financial cost).

These arrangements can keep children connected to their family, school, community and identity, while avoiding entry into the wider care system. Yet carers may have to make life-changing decisions in days, or even hours, without fully understanding where they legally stand, entitlement to any support, or long-term responsibilities.

Typically, support has varied between local authorities and different legal arrangements. That inconsistency is one of the central problems the 2026 reforms seek to address. Families should not assume that taking a child in automatically gives them parental responsibility or the same allowance as a foster carer.

Kinship care reform 2026

In 2026, kinship care reform is receiving unprecedented political and legal attention. The UK Government’s new support pilots and the Law Commission’s consultation represent the most significant potential changes in a generation. They aim to reshape the financial help, legal authority and practical support available to families.

Not every proposal is law, and not every family will qualify for pilot funding. Yet the direction is clear: kinship carers are increasingly being recognised as a distinct group who need a clearer route through children’s services and the family court. This change is significant. If you are caring for (or considering caring for) a relative’s child, early kinship care legal advice can help you protect both the child’s future and your legal position.

Why kinship care reform matters to grandparents and relatives

More than 150,000 children in England and Wales are cared for by relatives or close family friends. A kinship care arrangement may be informal, supported by a local authority, or secured through a court order. The legal route also matters because it can affect parental responsibility, decision-making, permanence and access to financial or practical support.

Family lawyers regularly receive urgent calls from grandparents and other relatives who have been asked by children’s services whether they can care for a child. A family law solicitor can provide legal advice but before agreeing to a plan, carers need to understand where they stand. Are they being assessed as kinship foster carers, is a private arrangement being proposed, and would a Child Arrangements Order or Special Guardianship Order be appropriate?

Kinship Allowance Pilot 2026: Who may receive financial support?

One of the most important developments is the UK Government’s Kinship Zones programme. Announced in February 2026, it is backed by £126 million and is intended to reach around 5,000 children across seven local authority areas. A central feature is a trial allowance for eligible carers at a level equivalent to the national minimum fostering allowance.

Pilot Kinship Allowance 2026

The pilot is designed to test whether more consistent financial help, alongside guidance, training and locally tailored support, improves outcomes for children and strengthens family placements. For many families, the kinship care allowance is a long-awaited recognition that carers may need to make significant life changes and may incur extra expenses. This may include reducing working hours, adapting their home, arranging childcare or meeting additional day-to-day costs (often at short notice).

This remains a pilot rather than a national entitlement. Eligibility depends on the area taking part and the programme rules, including the type of legal order held or being pursued. Carers outside a Kinship Zone may still be able to seek local authority support, benefits or help under an assessed support plan, but the position can be complex. An experienced family law solicitor can review the proposed arrangement and clarify what financial support should be explored before you sign or agree to anything.

Proposed Kinship Care Order: A simpler route through the family court?

Alongside financial reform, the Law Commission published provisional proposals in July 2026 to simplify kinship care law in England and Wales. The consultation is open until 16th October 2026, after which final recommendations will be prepared for the UK and Welsh Governments.

The headline proposal is a new, flexible Kinship Care Order, available only to kinship carers. It could replace the use of Special Guardianship Orders and Child Arrangements Orders for future kinship cases, while existing orders would remain unaffected. The court could tailor the order to the needs of the child, parents and carer rather than relying on a one-size-fits-all route. This move recognises that each individual circumstance is different – something specialist family lawyers who manage children’s arrangements know very well.

Today, different orders present different levels of parental responsibility, permanence and support. A solicitor can explain how a Special Guardianship Order (SGO) differs from a ‘lives with’ Child Arrangements Order, local authority fostering or an informal family arrangement. Also, a lawyer can advise whether the proposed support plan is sufficient.

If implemented, the new order could give families a clearer legal framework while preserving the child’s important relationships. For now, though, it is a proposal only. Families must continue to use the existing legal routes and should avoid delaying urgent action, expecting a new order to soon be available.

The Law Commission also proposes a Kinship Parental Responsibility Agreement. This could allow parents to give a closely related carer parental responsibility without court proceedings, for a period from one year until the child turns 18. It may help carers deal with schools, health professionals and other services, particularly where care is planned or currently informal.

The proposals also address consistency in assessments for kinship foster carers. These are provisional recommendations, not current law, but they signal a move towards a dedicated system that better reflects the reality of family and friends caring for children.

Family holidaying on the beach in the waves

Social Services and Kinship Care: Why early family involvement is crucial

Another welcome feature of current changes is the stronger emphasis on identifying family carers before care proceedings become certain. It is recommended to seek legal advice early. Too often relatives seek legal advice only after assessments have started or key decisions have already been made. At that stage, timescales may be tight and the family’s options more limited.

If social services are involved in kinship care, relatives should come forward promptly and ask what assessment is proposed, what legal status the placement would have and what support is available. They should keep clear records of discussions, request written information about the plan and obtain independent advice before accepting an order or support package. Early involvement of a family solicitor can give relatives a meaningful role in family network meetings, assessments and long-term planning for the child.

Need Kinship Care Legal Advice? 4 steps families should take now

For grandparents, relatives and family friends, the update will bring welcome opportunities but also understandable uncertainty. Key points are that the:

  • proposed Kinship Care Order does not yet exist
  • new allowance is limited to defined pilot areas
  • eligibility criteria varies depending on the area.

The safest approach is to obtain advice based on the law and support currently available. Four steps to take:

  1. Clarify the placement: Ask whether the child is being placed by the local authority, living with you informally or expected to remain under a court order.
  2. Understand parental responsibility: Confirm who can consent to education, healthcare, travel and other important decisions.
  3. Review financial support: Ask for written details of allowances, benefits, legal costs and any proposed special guardianship support plan.
  4. Seek legal advice before agreeing: Compare fostering, a Child Arrangements Order and a Special Guardianship Order before choosing a long-term route.

Specialist family law advice for kinship carers can help you understand the practical consequences of each option. They can also challenge an inadequate assessment or support plan and prepare for family court proceedings where necessary.

Timing is crucial. Early advice is particularly important if you have been asked to care for a child urgently, are being assessed by children’s services, or are considering applying for a Special Guardianship Order.

Speak to a kinship care solicitor

If you need advice about a kinship placement, parental responsibility, financial support or the right court order, contact Emma Evans for a free, initial discussion. Timely advice can help you make informed decisions and secure a stable and fair child arrangement.

Co-Created with Elizabeth Hassall

elizabeth hassall

Partner, Head of Family and Relationships

Elizabeth Hassall is a Partner and one of the leading family and relationship lawyers in the North west  region. Recognised in the prestigious Chambers & Partners publication Hall of Fame, long with her team, you can be reassured that once these legal experts are supporting you, you are in very good hands.

Photos by Mabel Amber and Kardinal on Pixabay.

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