Legal aid must include family members and friends who step in to care for children when their parents cannot, the Law Society of England and Wales has said.
Welcoming the Law Commission’s review of kinship care as an opportunity to simply the system many families find difficult to navigate, The Law Society said changing the law will not solve some of the biggest challenges carers face including support, assessments and access to early legal advice.
Law Society president, Brett Dixon, said kinship carers can find themselves responsible for a child at short notice, while also having to make complex decisions about parental responsibility, support entitlements, financial support and which legal route is best for their family.
He added the current system is “confusing yet too often, families are left to navigate these decisions without access to advice when they need it most.”
He added: ”Access to early legal advice helps families understand their options including formalising kinship, secure the right legal route and access the support available to them.”
Dixon said there was an opportunity to introduce legislative reform through the Law Commission’s work, but it is not enough, calling for widening of legal aid “so kinship carers can get specialist advice early along with adequate local authority capacity and access to appropriate support services.
“Getting this right can provide necessary stability for children to thrive. Without action, too many families will continue to struggle to get the help they need.”
