Children and young people in care system across England to gain new legal rights to contact with their siblings

Under the amendment, all local authorities in England and Wales will be required to "promote and facilitate contact" for children in care who are separated from their siblings.

The change will put sibling contact on an equal footing with parental contact, according to the Department for Education (DfE).

The new legislation will ensure that local authorities do all they can to provide sibling contact, even if, for instance, they are living a long way away from each other. It will also include half and step siblings.

According to the DfE, the legislation 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.

The Family Rights Group charity, which has campaigned on the issue for 13 years, said growing up alongside brothers or sisters is “a fundamental part of childhood”.

The amendment has been “warmly welcomed” by the charity Become - which worked collaboratively with Family Rights Group on the amendments to the Bill.

Research from the Children’s Commissioner in 2023 revealed that an estimated 37% of children with a sibling in England – that is 20,000 children – are separated when placed in care.

For some children, the chance of being separated is far greater: 93% of older children placed in semi-independent accommodation are separated from siblings.

Meanwhile, children who have come into care because of a disability are even more likely to be separated than other children.

The amendment to the Children’s Wellbeing and Schools Bill was welcomed in the House of Lords on 25 March, following continued discussions with stakeholders and parliamentarians.

Final confirmation is expected following further debate in the House of Commons after Easter.

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."

Anela Anwar, Chief Executive of Become, said: “We’re delighted the Government has agreed to change the law to better protect relationships between children in care and their siblings.

“Too often, children are separated from their brothers and sisters, with too little done to maintain those relationships. This change will strengthen duties on local authorities to keep siblings connected and better protect these vital bonds.”

Lottie Winson