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Navigating a system under pressure:

Kinship care and the rise in infant care proceedings

26 October 2026
Naomi De Silva

This week, two BBC investigations shone a spotlight on challenges that will be familiar to anyone working in children's social care: a significant and sustained rise in babies subject to care proceedings, and kinship carers who are routinely given little or no time to prepare.

These are two distinct issues, but they are connected. This piece looks at both, and offers some straightforward practical pointers for local authority teams.

The numbers

Research from the universities of Lancaster and Oxford, featured in BBC File on 4 on 6 October 2026, found that care proceedings involving babies have risen by 64% over the past two decades. One in every 118 infants is now affected. More than half of urgent hearings in 2024–25 involved newborns, with some mothers attending court within days of giving birth.

72% of adopted children in England went into care before turning one. More than 90% of adoptions proceeded without parental consent.

Spending on early intervention has been cut by 44% over a decade. The cost of looking after children in care has risen by 50% in the same period. These figures are not unrelated.

The kinship gap

A separate BBC investigation on 5 October 2026 found that more than seven in ten kinship carers had little or no time to prepare before taking on a relative's child. One grandfather described being given five minutes to decide whether to give his grandson a home.

Kinship carers receive no automatic paid leave, no financial support and no dedicated social worker - in sharp contrast to the package available to foster carers. Seven national kinship zones are being piloted, including Newcastle, where carers receive financial support aligned with foster care allowances. But outside those areas, provision remains inconsistent.

What the law requires

Connected persons assessments 

Under regulation 24 of the Care Planning, Placement and Case Review Regulations 2010, an urgent temporary placement can be made with a family member while a full assessment is completed. That placement is time-limited to 16 weeks. A clear plan from day one is essential.

Special guardianship support

Local authorities must assess a prospective special guardian's support needs under the Special Guardianship Regulations 2005. Financial support disputes are among the most frequently litigated aspects of SGO cases. Early, clear and individualised information makes a real difference.

FGDM

From 15 July 2026, local authorities must offer a Family Group Decision-Making meeting before issuing care proceedings under section 31ZA of the Children Act 1989. In baby cases, a pre-birth FGDM meeting is one of the most effective ways to identify potential kinship carers early.

Forthcoming judicial guidance

New guidance for Family Court judges is expected before the end of the year, aimed at significantly reducing short-notice hearings involving newborns. Local authority legal teams should engage with this as soon as it is published.

Practical takeaways

1. Start to trace family as early as possible – even before birth

Where concerns are known during pregnancy, identify potential kinship carers as early as possible. A pre-birth FGDM meeting can surface options before the urgency of a newborn's arrival narrows the window.

2. Give kinship carers time and information

Contact potential carers early. Provide clear written information about the role, available support and legal options, and allow reasonable time for them to take advice. A decision made in five minutes is not truly informed.

3. Make FGDM count

Use the meeting to genuinely explore what a family placement would require to work, practically and financially, not just to record that the offer was made.

4. Keep regulation 24 assessments on track

Set a clear internal timeline from the day of placement. The 16-week window passes quickly. Panel consideration and support planning need space within it.

5. Be clear about financial support and do this early

Document support decisions individually and transparently. Prospective kinship carers who understand what is available from the outset are better placed to make stable, informed decisions.

6. Watch the judicial guidance

The forthcoming Family Court guidance on short-notice hearings is likely to change how cases are issued and framed. Stay close to it.

Conclusion

The pressures driving the rise in baby care proceedings are real and well-documented. What local authorities can influence is the quality and speed of their own processes, in particular, how early and how genuinely they engage with kinship options. That is where the biggest gains for children, families and the defensibility of decisions are to be found.

If you would like to discuss any of the issues raised in this piece, our social care team would be happy to help.

Contact

Contact

Naomi De Silva

Associate

naomi.desilva@brownejacobson.com

+44 (0)330 045 2336

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