Legislation and guidance

The Children Act 1989 is the main piece of legislation governing work with children and their families.

The key principles of the Act can be summarised as follows:
The Welfare Principle – safeguarding and promoting the welfare of children, including protecting the child from harm or abuse. The child’s welfare should be the ‘paramount’ consideration of anybody dealing with a child.

Partnership – it is expected that all professionals supporting and working on behalf of children and young people should work in partnership with families. This includes Foster Carers. Compulsory powers should only be used when this is better for the child than working with the family on a voluntary basis. Promoting and maintaining contact between children and their families should be a priority wherever possible.

The importance of the child’s family is highlighted and the expectation is that, whenever possible, children and young people should be brought up in their own immediate or extended families.

The wishes of the child and/or their parents – finding out and taking account of the wishes of the child and/or their parents in making decisions about the child’s future.

The importance of considering key aspects of the child’s background is highlighted – the child’s religious persuasion, racial origin, cultural and linguistic background, and a child’s particular needs as a result of any disability, must be taken into account in planning for the child.

What is parental responsibility?
Parental responsibility is defined in the Children Act 1989 as all the rights, duties, powers, responsibility and authority a parent has for a child or young person and their property. As children grow older they assume greater responsibility for themselves. Parents never lose their responsibility for their child, even when they share it with the Social Services Department when the child is subject to a Care Order. The only exception is when a child is adopted.

Legal status of children in foster care
All children and young people in foster care are the responsibility of the Local Authority from which the child and young person originates. The key responsibility remains with the Local Authority even if they are placed with a voluntary or independent fostering provider.

Looked after children
The term ‘looked after’ is a shortening of the phrase ‘looked after by the Local Authority’. It was introduced by the Children Act 1989. Children and young people are ‘looked after’ if there is a Care Order. This means that the Local Authority shares parental responsibility with one or both birth parents.

Children and young people who are ‘accommodated’
The word ‘accommodated’ refers to children and young people who are provided with accommodation by the Local Authority as a result of a voluntary agreement with parents or others with parental responsibility. Such children/young people are not usually subject to any court orders. Young people over the age of 16 can ask to be accommodated without the agreement or consent of their parents.

Implications for Foster Carers:
This is a voluntary arrangement made with the parent’s or parents’ agreement. When a child is accommodated, the parental responsibility remains with the parent/s. They have the right to remove the child at any time.
If parent/s demand to take a child back without that being part of the plan for the child, Foster Carers can take reasonable steps to protect the child by contacting their supervising social worker or duty officer and, if necessary, the police in an emergency.
If it is in the best interests of the child who is accommodated to become subject of a Care Order, the Local Authority can apply to the court.

In 2015 new regulations relating to the Children Act came in to force. Among other things, these regulations set out arrangements for local authorities considering ceasing to look after a child.

View the Children Act 1989

Sets out duties local authorities have to support young people leaving care from 16 to 21 years of age.

View the Children (Leaving Care) Act 2000

Updated the legal framework for domestic and inter-country adoption, and places a duty on local authorities to maintain an adoption service and provide adoption support services.

View the Adoption and Children Act 2002

Gives courts more flexible powers to facilitate child contact and enforce contact orders when separated parents are in dispute.

View the Children and Adoption Act 2006

Legislates for the recommendations in the Department for Education and Skill’s 2007 Care Matters white paper to provide high quality care and services for children in care.

View the Children and Young Persons Act 2008

Download the Care Matters white paper (PDF)

Encourages ‘fostering for adoption’ which allows approved adopters to foster children while they wait for court approval to adopt. Introduces a 26 week time limit for the courts to decide whether or not a child should be taken into care. In some cases, this limit may be extended by eight weeks. Introduces ‘staying put’ arrangements which allow children in care to stay with their foster families until the age of 21 years. This is provided that both the young person and the foster family are happy to do so.

View the Children and Families Act 2014

(Department for Education, 2016)

Statutory guidance on the special guardianship services local authorities need to provide in accordance with the Children Act 1989.

View Special guardianship guidance

Download Looked after children: knowledge, skills and competences of healthcare staff: intercollegiate framework (PDF)

Volume 2 care planning, placement and case review

(Department for Education, 2015)

Updates the 2010 edition of the guidance. Describes the key principles underpinning the 1989 Children Act. Also consolidates information previously contained in a series of updates and supplements, including: contact with siblings, contact with youth justice services, out of authority placements, long-term foster placements, ceasing to look after a child, fostering for adoption and the delegation of decision making about looked after children to their carers. Aimed at local authority workers with responsibilities for looked after children. 

Download The Children Act 1989 guidance and regulations volume 2: care planning, placement and case review (PDF)

1. The child’s wishes and feelings and the views of those significant to them
2. Promoting a positive identity, potential and valuing diversity
3. Promoting positive behaviour and relationships
4. Safeguarding children
5. Children missing from care
6. Promoting good health and wellbeing
7. Leisure activities
8. Promoting educational attainment
9. Promoting and supporting contact
10. Providing a suitable physical environment for the child
11. Preparation for a placement
12. Promoting independence and moves to adulthood and leaving care

13. Recruiting and assessing Foster Carers who can meet the needs of looked after children
14. Fostering Panels and the fostering service’s decision maker
15. Matching the child with a placement that meets their assessed needs
16. Statement of Purpose and Children’s Guide
17. Fitness to provide or manage the administration of a fostering service
18. Financial viability and changes affecting business continuity
19. Suitability to work with children
20. Learning and development of Foster Carers
21. Supervision and support of Foster Carers
22. Handling allegations and suspicions of harm
23. Learning, development and qualifications of staff
24. Staff support and supervision
25. Managing effectively and efficiently and monitoring the service
26. Records
27. Fitness of premises for use as fostering service
28. Payments to Foster Carers
29. Notification of significant events
30. Family and friends as Foster Carers
31. Placement Plan and Review

Implications for Foster Carers:
Foster Carers should have some knowledge of what is contained within the regulations and standards.
Foster Carers should be particularly aware of the expectations detailed under the following individual standards:
Standard 1 ascertaining the child’s wishes and feelings
Standard 2 promoting a positive identity and valuing diversity
Standard 4 safeguarding children
Standard 6 promoting health and wellbeing
Standard 8 promoting educational achievement
Standard 9 promoting and supporting contact
Standard 12 promoting independence and preparing for adulthood
Standard 20 learning and development of Foster Carers
Standard 21 supervision and support of Foster Carers
Standard 22 handling allegations against Foster Carers

Sets out many of the duties, powers and responsibilities local authorities hold in respect of their looked after children and care leavers.

View the Children Act 1989

Sets out duties local authorities have to support young people leaving care from 16 to 21 years of age.

View the Children (Leaving Care) Act 2000

Updated the legal framework for domestic and inter-country adoption, and places a duty on local authorities to maintain an adoption service and provide adoption support services.

View the Adoption and Children Act 2002

Gives courts more flexible powers to facilitate child contact and enforce contact orders when separated parents are in dispute.

View the Children and Adoption Act 2006

Legislates for the recommendations in the Department for Education and Skill’s 2007 Care Matters white paper to provide high quality care and services for children in care.

View the Children and Young Persons Act 2008

Download the Care Matters white paper (PDF)

Encourages ‘fostering for adoption’ which allows approved adopters to foster children while they wait for court approval to adopt. Introduces a 26 week time limit for the courts to decide whether or not a child should be taken into care. In some cases, this limit may be extended by eight weeks. Introduces ‘staying put’ arrangements which allow children in care to stay with their foster families until the age of 21 years. This is provided that both the young person and the foster family are happy to do so.

View the Children and Families Act 2014

Implemented in April 2016, Part 6 covers Welsh local authorities’ duties to children in their care.

View the Social Services and Well-being (Wales) Act 2014

Makes provision for the registration and regulation of providers of social care services including adoption and fostering services and advocacy services.

View Regulation and Inspection of Social Care (Wales) Act 2016

Good practice guide

(Welsh Government, March 2016)

Guide for practitioners involved in making and supporting arrangements for young people leaving care. Supplements the Statutory Code of Practice relating to Part 6 of the Social Services and Wellbeing (Wales) Act 2014 which out a local authority’s legal responsibilities in respect of post-18 living arrangements for young people in care.

View When I am ready – good practice guide

Part 6 Code of Practice (looked after and accommodated children)

(Welsh Government, 2015)

Statutory guidance which covers care and support planning, placements, keeping in touch, the role and functions of the Independent Reviewing Officer, leaving care, post-18 living arrangements, secure accommodation, children in other types of establishments and responding to the death of a looked after child.

Download Social Services and Well-being (Wales) 2014: Part 6 Code of Practice (looked after and accommodated children) (PDF)

Part 10 Code of Practice (Advocacy)

(Welsh Government, 2015)

Covers access to and provision of advocacy services for looked after children.

Download Social Services and Well-being (Wales) 2014: Part 10 Code of Practice (Advocacy) (PDF)

(Welsh Assembly Government, 2001)

This guidance sets out the duties for local authorities in supporting their care leavers as outlined in the Children (Leaving Care) Act 2000.

Download Guidance on the implementation of the Children (Leaving Care) Act 2000

Introduces provisions for foster care in Scotland.

View the Foster Children (Scotland) Act 1984

Sets out many of the duties, powers and responsibilities local authorities hold in respect of their looked after children and care leavers.

View the Children (Scotland) Act 1995

Enhances the provision of services to children and young people who cease to be looked after or accommodated.

View the Regulation of Care (Scotland) Act 2001

Sets out the aftercare services for young people who have been in care. Also provide for throughcare preparation for young people leaving care.

View the Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003

Sets out the law relating to adoption.

View the Adoption and Children (Scotland) Act 2007

Sets out what should be included in a child’s plan. Also includes legislation around foster and kinship care.

View the Looked After Children (Scotland) Regulations 2009

Governs the children’s hearing system. The Act updates the old system and strengthens the place of children, ensures better support for families, and ensures consistency across Scotland.

View the Children’s Hearings (Scotland) Act 2011

Updates the law on creating a child’s plan, corporate parenting, aftercare, continuing care, kinship care and the adoption register.

View the Children and Young People (Scotland) Act 2014

Providing care leavers with connectedness and belonging (Scottish Government, 2013)

Guidance for local authorities and other corporate parents which outlines an explicit philosophy of care and emphasises the importance of relationship based practice and extended and graduated transitions.

Download Staying put Scotland: providing care leavers with connectedness and belonging (PDF)

Guidance from the Scottish Government for local authorities in Scotland regarding looked after children and their duties under the Looked After Children (Scotland) Regulations 2009 and Adoption and Children (Scotland) Act 2007.

Download Guidance on the Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007 (PDF)

Getting it Right for Every Child: Guidance on Overnight Stays for Looked After and Accommodated Children

Managing Allegations Against Foster Carers and Approved Kinship Carers: How Agencies Should Respond

The Regulations provide that an authority must compile and maintain a record for each foster parent it has approved or placed a child with. Find out more here.

Adoption (Northern Ireland) Order 1987

Read more

Sets out the law relating to adoption. New adoption legislation is intended to be introduced in the Northern Ireland Assembly in 2014.

View the Adoption (Northern Ireland) Order 1987

Makes provision for implementation of the 1987 Adoption Order.

View the Adoption Agencies Regulations (Northern Ireland) 1989

Sets out many of the duties, powers and responsibilities local authorities hold in respect of their looked after children and care leavers.

View the Children (Northern Ireland) Order 1995

Sets out duties local authorities have to care leavers up to the age of 21.

View the Children (Leaving Care) Act (Northern Ireland) 2002

Supports the provisions of the Children (Leaving Care) Act (Northern Ireland) 2002.  Sets out in more detail the matters to be taken into account when assessing and meeting the needs of those preparing to leave care and care leavers.

View the Children (Leaving Care) Regulations (Northern Ireland) 2005

(Department of Health, 2016)

Guidance for Health and Social Care professionals which deals with the issue of children who become looked after and are on the child protection Register.

Download Protecting looked after children (PDF)

(Department of Health, Social Services and Public Safety, 2014)

Standards for kinship care developed to deliver on the Care Matters strategy.

View Minimum kinship care standards Northern Ireland

(Department of Health, Social Services and Public Safety, 2012)

Sets out minimum standards for leaving care and aftercare services.

View Standards: leaving care services in Northern Ireland

(Department of Health, Social Services and Public Safety, 2012)

Minimum standards for young adults supported accommodation projects providing housing support, care and accommodation.

View Standards for young adults supported accommodation projects in Northern Ireland

Guidance and regulations

(Department of Health, Social Services and Public Safety, 2000)

Volume 1 covers court orders and other legal issues, volume 3 covers family placements and private fostering, volume 4 covers residential care and volume 8 covers leaving and after care.

View volume 3

View volume 4

View volume 8