The inquiry, launched in January 2022, heard from hundreds of kinship carers across England and Wales. It also took evidence from leading legal practitioners and organisations in child and family law, and from non-for-profit advice services.
In May 2022 the APPG published its findings and recommendations in a new report: ‘Lost in the legal labyrinth: How a lack of legal aid and advice is undermining kinship care’. You can download the report and find out more about the enquiry on our website: https://frg.org.uk/policy-and-campaigns ... d-inquiry/
The report shines a spotlight on, and sets out proposals for addressing, the challenges carers and prospective carers face in stepping forward and navigating the family justice system, in England and Wales, to support the children they are raising to thrive.
Summary of key findings:
- The majority of current and prospective kinship carers do not have access to the legal advice they need.
- The child welfare and family justice systems fail to involve, inform and support family and friends who wish to put themselves forward to care.
- Kinship carers are unable to make informed decisions about their legal arrangement – something which has lasting consequences for their entitlement to support and who can make key decisions about the child.
- 82% of kinship carers did not feel they knew enough about their legal options to make an in-formed decision about the best options for their kinship child.
- A third (35%) said they were not satisfied with their current legal arrangement for their kin-ship child
- Almost 4 in 10 (38%) kinship carers had NOT received any legal advice about their rights and options for their kinship child.
- For those who had experience of court proceedings in relation to their kinship children, al-most a third (30%) had to represent themselves at least for some of the time.
- Over a third (37%) of kinship carers had made personal contributions to the costs of legal advice, court fees and legal representation. Of those carers: 47% had costs up to £1000; 27% between £1001 and £5000; 16% between £5001 and £10,000; and 9% in excess of £10,000.
- Legal aid and the wider child welfare and family justice systems need to support family and friends to step forward.
- Kinship carers need access to early, specialist and independent legal information, advice and advocacy services.
- Access to free legal advice should not be dependent on the policies of individual local authorities or solicitors providing support pro bono.
- Supporting kinship care will ensure better outcomes for children and reduce strains on the care system and the Family Court.
Family Rights Group