Kinship Care Week 2026: An overview of kinship care in Scotland

In Scotland, Kinship Care Week is held each year to recognise, support and celebrate kinship families.

Kinship care is where a child is unable to live with their birth parents and instead resides with a relative or individual with whom they have an existing relationship – these carers are often referred to as kinship carers (GOV.SCOT).

Below, we detail key information for those considering applying for a Kinship Care Order and provide an overview of recent proposals aimed at strengthening the rights of Kinship Carers.

What is a Kinship Care Order?

A Kinship Care Order is a type of order that can be applied for from a Court, and if granted, the order provides the Kinship Carers with some or all Parental Rights and Responsibilities in respect of the child they are caring for.

A Kinship Care Order is applied for under Section 11 of The Children (Scotland) Act 1995.

Parental Rights and Responsibilities for a child are usually held by the child’s biological mother and sometimes the child’s biological father. It is important to note that under a Kinship Care Order, the Parental Rights and Responsibilities are not completely removed from the child’s biological parents; they are shared with the Kinship Carers.

Who can apply?

Under the Looked After Children (Scotland) Regulations 2009, a Kinship Carer is defined as “a person who is related to the child” (through blood, marriage or civil partnership) or “a person who is known to the child and with whom the child has a pre-existing relationship”.

What is the process?

Once you instruct a solicitor to assist with applying for a Kinship Care Order, the solicitor will prepare the necessary paperwork and will send the documents to Court. As part of this process, the child’s biological parent(s) will be notified of this application and will be able to oppose the application.

If the application is unopposed, then the Kinship Care Order could be granted at the first Court Hearing. However, if the application is opposed, then matters will take longer to conclude and will likely require providing the court with more evidence by way of Affidavits (“legal statements”) and productions (“documents”), such as social work records and reports, in support of the application. A Proof (“Final Evidential Hearing”) may be required.

Your solicitor will be able to keep you updated at each stage of the Court process.

The cost of a Kinship Care Order

The cost of a Kinship Care Order will depend on a number of matters:

• If the child’s biological parent(s) are in agreement with the Kinship Carer applying for a Kinship Care Order – the court process will likely be straightforward, and a solicitor who specialises in this area of the law may be able to offer a fixed cost for the legal work to be undertaken.
• If the child’s biological parent(s) are not in agreement with the Kinship Carer applying for a Kinship Care Order – the Court process will take longer to conclude and will cost more in legal fees.
• If the child is a “looked after child” – the local authority responsible for the child will likely contribute to the legal costs in applying for a Kinship Care Order. It is crucial that you write to the local authority asking if they are willing to assist with the legal costs in any application.

It is important that you are clear about what financial assistance will be available to you before you start the legal process. If the Court grants a Kinship Care Order, the child’s biological parents could appeal that decision or seek to vary or remove the order at a later date, which would involve further legal processes and costs. Therefore, it is important that you are clear about what financial assistance the local authority may provide in those circumstances.

Depending on your income, you may be eligible for legal aid to assist with applying for a Kinship Care Order and you can check your eligibility on the Scottish Legal Aid Board’s website – Home – Scottish Legal Aid Board.

The Court’s decision

The Court will only grant a Kinship Care Order if it considers the order to be in the best interests of the child. When reaching a decision, the Court’s paramount consideration will be the welfare of the child.

Depending on the age of the child, the Court may wish to hear from the child about their views on the application for the Kinship Care Order. The Court is then required to take the child’s views into account when reaching its decision.

Effect of the Kinship Care Order

A Kinship Care Order can provide a more stable care arrangement for the child. The Kinship Carer will acquire some or all of the Parental Rights and Responsibilities for the child, which will allow them to make decisions which affect the child’s day-to-day life, such as consenting to medical treatment and making decisions about the child’s education.

If the child was subject to a Compulsory Supervision Order (“CSO”), then once the Kinship Care Order is granted, the child will no longer be subject to a CSO and will no longer be part of the Children’s Hearing System.

Support for Kinship Carers

Local authorities have a duty to ensure that assistance is available to Kinship Carers and the children in their care who are applying for or have a Kinship Care Order. This includes the local authority providing advice, counselling, information, financial support or subsidising a provision of service to a person holding a Kinship Care Order.

Children (Care, Care Experience and Service Planning) (Scotland) Bill

The Bill was introduced in June 2025 as part of the Scottish Government’s commitment to implementing the recommendations of the Independent Care Review (also referred to as “The Promise”) by 2030.

The proposals would introduce a legal right for eligible Kinship Carers to be offered, and to request, a comprehensive needs-based assessment from their local authority, to ensure families know what help they can ask for, how it will be considered, and to encourage greater consistency across Scotland.

The proposals would make it easier for families to access financial, practical and advocacy support, by ensuring needs are considered holistically and linked to existing support services.

In addition, the Bill, if passed, would ensure that children growing up in Kinship Care are properly supported in line with The Promise and their after-care support would be extended.

How we can help

If you have any questions about Kinship Care or are thinking of applying for a Kinship Care Order, please contact Emma Letham at emma.letham@andersonstrathern.co.uk or a member of our Family Law team for a free, confidential discussion.

Kinship Care Week 2026 – Connected by Kinship

This year, Kinship Care Week will run from 9–15 March and the theme is “Connected by Kinship”.

The Kinship Care Advice Service for Scotland is an independent and impartial service that offers support, training, workshops and resources to Kinship families and practitioners. The list of activities taking place for Kinship Care Week 2026 can be found here.