The Government’s ‘kinship local offer’ policy

The kinship local offer is a new legal duty on local authorities to set out the support available in their area to children and their kinship carers.

The Children’s Wellbeing and Schools Bill currently going through Parliament introduces the new duty. It also defines kinship care in primary legislation for the first time. A historic step toward recognising and supporting the over 153,000 children in England living in kinship care.

Why the Government’s kinship local offer policy matters for children and their kinship carers

Currently, there is no clear definition of kinship care in primary legislation. As a result, kinship carers can face many challenges including not being recognised in their caring role by hospitals schools, or employers. Central government, local authorities and other public agencies also struggle to understand kinship care in all its forms. The result is a postcode lottery in the support available to kinship families.

Shockingly, over a third of local authorities do not have a local kinship care policies, despite statutory guidance requiring them to have one.

By introducing a legal duty for councils to publish a kinship local offer, the Government is taking an essential step toward greater clarity, consistency, and accountability. But the difference this measure will make depends on ensuring the local offer includes the right support services and that families are actively involved in shaping and reviewing it.

Family Rights Group has been campaigning for a kinship local offer and definition in legislation. Both are vital steps if kinship families are to understand what support is available for them. We are now working to persuade Government to strengthen the new Bill in three important ways.

Three ways the Government should strengthen the kinship local offer policy

1. Include information on legal support

One major omission is the absence of legal support from the list of services that local authorities must include in their kinship local offer. While legal support is referenced in statutory guidance, it should be explicitly included in the legislation. Doing so will ensure consistency across all local authorities in England.
Legal support is vital for current and prospective kinship carers. The child welfare and family justice system is complex, and many carers struggle to navigate it without expert legal advice. Research by the APPG on Kinship Care found that:

• 82% of kinship carers did not feel they had enough information about their legal options to make an informed decision.
• Fewer than half (48%) were satisfied with their current legal arrangement for the child, with many citing inadequate support as a key issue.
• Nearly 4 in 10 (38%) had received no legal advice at all about their rights and options.

The financial burden of legal costs is also a major issue. Many kinship carers take on significant debt to secure legal arrangements for the children in their care. Others forgo legal advice altogether, potentially jeopardising their chances of securing the support and stability they need for the children to thrive.

Our analysis of local kinship care policies found that only a fifth address support with the legal expenses that kinship carers may incur. This includes legal costs such as applying for a special guardianship or child arrangements order. Unless the Bill is explicit on what is required, it is highly unlikely that local authorities in England will consistently and clearly address the question of legal support in their kinship local offer.

2. Involve families in developing the kinship local offer

The Bill sets low expectations for how children and kinship carers will be involved in shaping kinship local offers. It lacks clear guidelines on participation and does not require councils to actively engage families in the process of developing a local offer. Statutory guidance only mentions allowing families to complain – not to positively shape it.

This is in stark contrast to the approach taken for the Special Educational Needs and Disabilities (SEND) local offer. The SEND local offer is backed by clear regulations ensuring transparency, family involvement, and periodic reviews.

Established in section 30 of the 2014 Children and Families Act, the SEND offer provides a strong model that should be replicated for kinship care. Under that legislation, the Secretary of State has the power to set out in regulations:

• How the offer should be published
• When it should be reviewed
• How children and families should be involved in its development.

We have proposed that the Secretary of State be given similar powers in relation to the kinship local offer. This would ensure that kinship families are actively engaged in shaping the support available to them and that local authorities are held accountable for delivering on their obligations.

3. Address the wider support needs of kinship families

While the local offer and legal definition are crucial steps forward, they must be accompanied by meaningful investment in kinship care support. These are among the key ingredients for providing stable loving homes for children who cannot live with their parents.

Final thoughts: why Government and local authorities must act now

The introduction of the Government’s kinship local offer policy is significant and welcome. It is an important part of the roadmap toward a more supportive and fair system for kinship families. Specifically, it helps bridge the long-standing gaps in legal recognition and support for kinship carers. In every local authority in England, the kinship local offer must be a meaningful tool. One that genuinely improves the lives of kinship families. It must not be simply a tick-box exercise. To ensure this, and fully realise the vision for a kinship local offer, the Bill must be strengthened in these three key areas.

The Government has taken an important first step—now it must follow through with the necessary changes to make this policy a success: