Kinship Care

Baroness Drake Excerpts

Monday 14th November 2022 Lords Chamber

Asked by

[Baroness Drake]

To ask His Majesty’s Government what assessment they have made of the report by the All-Party Parliamentary Group on Kinship Care Lost in the legal labyrinth, published on 16 May; and in particular, the findings that there is a lack of both advice and legal aid for current and prospective kinship carers of children in crisis.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, the Government are grateful to the APPG for its work and its recent report on kinship care and the legal labyrinth. The noble Baroness will be aware that the Ministry of Justice recently laid a statutory instrument widening access to legal aid to private special guardianship order proceedings. We will monitor and assess its impact.

The noble Baroness will also be aware that a series of recommendations was made by the independent review of children’s social care, including on expanding access to legal aid for kinship carers. We are considering each of those in detail.

--- Later in debate ---

[Baroness Drake (Lab)]

I thank the Minister for her reply. The extension of legal aid to protect special guardians of children in private law cases is clearly a step in the right direction. However, it is not matched in public law proceedings, where the majority of guardianship orders are pursued. Here, children are in a crisis situation, and it is imperative that those who step forward as kinship carers, who are often left to navigate the justice system alone, get the legal support they need. Without it, the risk is that more children will end up in care, away from friends and families. May I push the Minister: when will the Government ensure that the extension to legal aid in private law provision is mirrored in public law?

[Baroness Barran (Con)]

I understand and respect the noble Baroness’s point. The Government are committed to making the means and merits testing the same, be it private or public law proceedings. She will also be aware that legal aid funding has been extended so that prospective special guardianship proceedings will also get means and merits-tested legal aid funding.