New law to give separated siblings in care legal right to maintain contact
Children in the care system across England and Wales are to be given legal rights to maintain contact with their siblings.
The government has amended the Children’s Wellbeing & Schools Bill to give them statutory entitlement to “reasonable contact” with their brothers and sisters.
The change follows a vote on 25 March in the House of Lords, with the final decision in the Commons expected after Easter.
It comes following a 13-year campaign led by the charity Family Rights Group which worked with looked after children and care leavers charity Become on the bill amendment.
At present sibling relationships are not prioritised as much as parental relationships for children in care.
The difficulties of losing contact with siblings as a result of being placed in care and its potential long-term impact have been highlighted by people who have experienced the care system.
The amendment puts sibling contact on an equal footing with parental contact, recognising the vital role such relationships play in providing stability, continuity and emotional support.
The new legislation, which includes half and step siblings, obliges local authorities to do all they can to provide sibling contact, even if distance is a factor.
It will apply unless it is not in children’s best interests, such as in cases of violence or abuse or where social workers have other concerns about wellbeing.
Children’s minister Josh MacAlister said: “It’s a travesty that children in care can end up losing contact with their brothers and sisters when they go into care, and we want that contact be maintained wherever possible for the sake of their emotional stability and their futures.
“Every child’s circumstances are different, but this amendment is aimed at making life better for more vulnerable children and giving them the best possible start in life.”
Cathy Ashley, chief executive of Family Rights Group, said: "Growing up alongside brothers or sisters is a fundamental part of childhood that so many of us take for granted.
“Yet, for too long, our care system has overseen a quiet injustice that the wider public rarely sees – breaking the links between siblings, often when they need one another the most.
"By tabling this amendment, the government is finally righting this historic wrong. When we provide young people with the right scaffolding, we set them up for a lifetime of success, and sibling bonds are the very foundation of that support.
“This is a victory for care-experienced young people to ensure our system actively protects the relationships that matter most.”
Research from the Children’s Commissioner in 2023 revealed an estimated 37 per cent of children with a sibling in England – around 20,000 children – are separated when placed in care.
The amendment has been welcomed by people who have experienced the care system as children.
Chris Hoyle said: “After being initially separated, being reunited with my brother in the same foster placement changed my life. My brother is the longest relationship I have ever had, by some distance. How do you define the value of that? How do you put a price on still being in contact with the person who loved you first? I can’t.”
Parice said: “Sibling relationships are often built on a strong foundation of support, offering both emotional reassurance and practical help throughout life.
“For those who have experienced the foster care system, these bonds can be especially significant, providing a vital sense of belonging in times of uncertainty. Shared history and memories create a unique connection, alongside similarities that can feel unlike any other relationship.”