Closes 16 Oct 2026
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We provisionally propose that
Do consultees agree?
We provisionally propose that to apply for a kinship care order appointing them as a child’s kinship guardian, an applicant must
We provisionally propose that it should be possible for more than one kinship carer jointly to apply for a kinship care order appointing them as a child’s kinship guardians.
We provisionally propose that the court may make a kinship care order if it considers that the order should be made, even though no application for a kinship care order has been made.
We provisionally propose that a kinship care order grant a kinship guardian parental responsibility for the child for the duration of their appointment.
We further provisionally propose that when making a kinship care order, the court should be required to consider how, having regard to the particular circumstances of the case, parental responsibility should be exercised for the duration of the order.
We provisionally propose that the court be able to direct as part of a kinship care order that a person with parental responsibility named in the order shall be entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child. This would mean that such a person would gain what we have referred to in this consultation paper as “enhanced parental responsibility”.
We ask for consultees’ views on whether the court’s power to grant enhanced parental responsibility to a holder of parental responsibility (as envisaged in Consultation Question 35 above) in a kinship care order, should be limited to a particular category of holders of parental responsibility.
We further provisionally propose that the court be able to direct, as part of a kinship care order, that restrictions shall be attached to the exercise of any person’s parental responsibility (including the exercise of enhanced parental responsibility).
We provisionally propose that whilst a kinship care order is in force with respect to a child
1. no person shall
2. it shall be possible for a person named in the kinship care order to remove the child from the United Kingdom for no longer than such a period as the court shall specify when making the kinship care order, to a maximum of three months.
We provisionally propose that when making a kinship care order, the court must
Additionally, we ask for consultees’ views on whether, when the court is considering whether to make a kinship care order, there should be a rebuttable presumption that the involvement of a parent (which may be direct or indirect) in a child’s life will further their welfare.
Such a presumption would reflect the presumption currently contained in section 1(2A) of the Children Act 1989, and would apply unless there is evidence before the court that the parent’s involvement in the child’s life would put the child at risk of suffering harm, whatever the form of the involvement.
We provisionally propose that where support for those involved in the kinship care arrangement has been assessed by the local authority, the final kinship care order should record the assessed level of support, and a kinship care support plan should be attached to the order.
We provisionally propose that a kinship care order may be made in respect of a child appointing a kinship guardian for such period as the court considers appropriate, save that the order shall in any event cease to have effect when the child reaches the age of 18.
We provisionally propose that there should be no minimum period of appointment for a kinship guardian.
We provisionally propose that it should be possible for the court to make an interim kinship care order, which would
We ask consultees for their views on whether the provisionally proposed maximum duration of an interim kinship care order should be:
We provisionally propose that the court should, when making a kinship care order, consider whether the best interests of the child require an order to be made under section 91(14) of the Children Act 1989, placing restrictions on the making of applications
by any person other than the kinship guardian.
An order under section 91(14) of the Children Act 1989 would have effect for a fixed period, and would prevent a named person from applying to vary or discharge the kinship care order, or to seek a direction about how it should operate, without first obtaining the permission of the court.
We provisionally propose that the making of a care order in relation to a child who is the subject of a kinship care order should not automatically discharge the kinship care order.
We provisionally propose that the court may vary or discharge a kinship care order upon the application of a local authority designated in a care order with respect to the child.
We invite consultees’ views as to whether it should be possible for a kinship care order to contain provisions for a review of the order, or of any named provisions (such as a parental involvement provision) contained in the order, after a period specified when the order is made.
We ask for consultees' views as to the court process to be followed when an application is made for a kinship care order.
We ask for consultees’ views as to the process which should be used to assess the suitability of the proposed arrangement to meet the child’s needs, when an application is made for a kinship care order.
In particular, we ask for consultees’ views on
We ask for consultees’ views as to how best to ensure that the child’s views are heard, both at the time the kinship care order is made and subsequently.
We provisionally propose that when a kinship care order is in force in relation to a child, no person shall be permitted to apply for
in relation to that child. As an exception to this rule, a person may apply for such a special guardianship order or a child arrangements order at the same time as they make an application to discharge the kinship care order, and replace it with the order sought.
in relation to that child.
We provisionally propose that, if kinship care orders are introduced, a kinship carer (as defined in our proposed definition) should no longer be able to apply for a special guardianship order in relation to the child for whom they are caring.
We provisionally propose that, if kinship care orders are introduced, it should no longer be possible for kinship carers (as defined in our proposed definition) to apply for a ‘live with’ or ‘spend time with’ child arrangements order.
We provisionally propose that if kinship care orders are introduced, when an application for permission to discharge or vary a special guardianship order is made by
the requirement under section 14(D) of the Children Act 1989 that the applicant must satisfy the court that there has been a significant change in circumstances since the making of the special guardianship order should not apply where the applicant is seeking the permission of the court to discharge a special guardianship order and replace it with a kinship care order appointing the child’s special guardian as a kinship guardian.
We provisionally propose that a care order in relation to a child should be discharged by the making of a final kinship care order.
We provisionally propose that a care order in relation to a child should not be discharged by the making of an interim kinship care order.
We provisionally propose that, if a care order and an interim kinship care order are in force at the same time, the court should when making the interim care order determine how parental responsibility is to be exercised by either the local authority, the parents, the kinship guardian or anyone else with parental responsibility.
We invite any other views which consultees may have on the involvement of a local authority when an interim or final kinship care order is made.
We ask consultees to share any further comments or views they may have on our proposals for the introduction of a kinship care order.
