Children’s Wellbeing and Schools Act 2026

Prospective

5 Information: children in kinship care and their carers E+W

After section 22G of the Children Act 1989 insert—

“Information: children in kinship care and their carers E+W

22H Kinship care: information

(1) A local authority must publish—

(a) information about the authority’s general approach to supporting—

(i) children living in the authority’s area who live in kinship care, and

(ii) persons living in the authority’s area who are kinship carers;

(b) information about financial support which may be available to—

(i) children mentioned in paragraph (a)(i), or

(ii) persons mentioned in paragraph (a)(ii) (in their capacity as kinship carers);

(c) information about services mentioned in subsection (2).

(2) Those services are services available in the authority’s area which may assist children mentioned in subsection (1)(a)(i) or persons mentioned in subsection (1)(a)(ii)(in their capacity as kinship carers), including services relating to—

(a) health and wellbeing;

(b) relationships;

(c) education and training;

(d) accommodation.

(3) In subsection (1)(b), the reference to financial support is to financial support whether provided by the local authority or by others (including voluntary organisations).

(4) In subsection (2)—

(a) the reference to services available in the authority’s area includes services provided by the authority and services provided by others (including voluntary organisations);

(b) the reference to services relating to relationships includes services which promote contact between a child and their parents or relatives.

(5) Information required to be published by a local authority under this section is to be known as the local authority’s “kinship local offer”.

(6) A local authority must take such steps as are reasonably practicable to ensure that children and other persons mentioned in subsection (1)(a) receive the information relevant to them.

(7) A local authority must review and update its kinship local offer from time to time, as appropriate.

(8) Before publishing its kinship local offer (or any updated version) a local authority must—

(a) consult relevant persons about any services that are offered, or may be offered, by the local authority which may assist to improve outcomes for children living in the authority’s area who live in kinship care, and

(b) publish a report on the consultation.

(9) In subsection (8), “relevant persons” in relation to a local authority, means such children living in kinship care, kinship carers and other persons as appear to the local authority to be representative of children living in kinship care and kinship carers in its area, which may include former kinship carers and children who used to be in kinship care.

(10) The duty to consult in subsection (8) does not apply in relation to kinship local offers that are published or reviewed before section 5 of the Children’s Wellbeing and Schools Act 2026 comes into force.

22I Section 22H: interpretation

(1) For the purposes of section 22H, a child lives in kinship care if—

(a) the child lives with a relative, friend or other person connected with the child for all or part of the time, and

(b) subsection (2) or (3) applies in relation to the child.

(2) This subsection applies in relation to the child if—

(a) the child lives with one person mentioned in subsection (1)(a) for all of the time, or for more time than the child lives with a parent, and

(b) the person mentioned in subsection (1)(a) provides all of the care and support provided for the child, or more of that care and support than is provided for the child by a parent.

(3) This subsection applies in relation to the child if—

(a) the child lives with two or more persons mentioned in subsection (1)(a) all or most of the time (whether or not the child lives with those persons at the same time), and

(b) those persons, taken together, provide all or most of the care and support provided for the child.

(4) The reference in subsection (1)(a) to a person connected with the child does not include a reference to—

(a) a parent of the child,

(b) a local authority foster parent of the child who had no connection with the child prior to the child being placed with that person, or

(c) a person caring for the child in a professional capacity.

(5) Where—

(a) a child’s parents do not live together, and

(b) the child lives for part of the time with one parent and part of the time with the other,

the child is treated for the purposes of subsection (2)(a) as living with a parent for both of those parts of time taken together.

(6) In section 22H, “kinship carer”, in relation to a child, means a person mentioned in subsection (1)(a) who provides care and support for the child in the circumstances described in subsection (2) or (3).”

Commencement Information

I1 S. 5 in force at 29.6.2026, see s. 78(2)