Legislation and guidance
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These pages outline the legislation, policy and guidance that specifically relates to children in care in the UK. National policies which aim to improve the life chances for all children, including looked after children, are covered in the England, Wales, Northern Ireland and Scotland sections.
England
KEY LEGISLATION
Children Act 1989
Sets out many of the duties, powers and responsibilities local authorities hold in respect of their looked after children and care leavers.
The Children Act 1989 – General Principles
Read more
Children (Leaving Care) 2000
Read moreAdoption and Children Act 2002
Read moreChildren and Adoption Act 2006
Read moreChildren and Young Persons Act 2008
Read moreChildren and Families Act 2014
Read moreImplementation of Children and Social Work Act 2017 Sections 1-7
The Department for Education has published statutory guidance aimed at local authorities and other agencies to help these organisations to implement the changes to the legislative framework for looked-after and previously-looked after children, and care leavers introduced by sections 1 to 7 of the Children and Social Work Act 2017.
The statutory guidance relating to sections 1 to 3 of the Act will come into force from April 2018 and is aimed at commissioners of services for care leavers and looked-after children, and partner agencies and providers of services for care leavers and looked after children:
- Applying corporate parenting principles to looked-after children and care leavers: To help local authorities implement the corporate parenting principles
- Local offer for care leavers guidance: To guide local authorities on consulting on, and publishing in one place, the statutory entitlements and other discretionary support available to care leavers
- Extending Personal Adviser support to all care leavers to age 25: To help local authorities implement the extended duty for Personal Adviser support to be made available to all care leavers up to age 25, if they want such support
Additional documents published include:
- The Government’s response to the consultation on the earlier drafts of the above statutory guidance
- The New Burdens assessment on the extension of the Personal Adviser duty
The revised statutory guidance relating to sections 4 to 7 of the Act is aimed at local authorities, schools and school governing bodies:
- Promoting Education of Looked after Children: To help local authorities and VSHs to promote the educational achievement of the children they look after
- Roles and Responsibilities of the Designated Teacher for looked-after and previously looked-after children: Applies to local authority maintained schools
- The Government response to consultation on draft statutory guidance on Promoting Education of Looked after Children and Roles and Responsibilities the Designated Teacher
Revised Statutory Guidance
Special guardianship guidance
Read moreThe Children Act 1989 guidance and regulations
Read more
A guide to inter-agency working to safeguard and promote the welfare of children is available in the Working Together to Safeguard Children pdf
CARE STANDARDS ACT 2000
Fostering Services Regulations and National Minimum Standards 2011
The above named regulations and standards are published under the Care Standards Act 2000.
The regulations are mandatory and fostering service providers must abide by them. The inspectors working for Ofsted take account of how well the fostering service providers meet the national minimum standards under the five Every Child Matters Outcomes, and how well the service is managed. The inspection reports for each fostering service provider are available either from the providers themselves or via the Ofsted website.
Download the National Minimum Standards here
There are 31 fostering standards which are encompassed under two main headings:
Standards 1 to 12 – Child Focused Standards
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Standards 13 to 31 – Standards of the Fostering Service
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Corporate parenting: statutory guidance
The Department for Education (DfE) has published statutory guidance for local authorities, relevant partners and others who contribute to services provided to children in care and care leavers in England. The guidance sets out seven principles that local authorities must have regard to when exercising their functions in relation to children and young people in care including: acting in their best interests, and promoting their physical and mental health and well-being; encouraging children and young people to express their views, wishes and feelings, and to take these into account; helping children and young people gain access to and make the best use of services provided; promoting high aspirations, and seeking to secure the best outcomes; ensuring safety, and stability in their home lives, relationships and education or work; and preparing the children and young people for adulthood and independent living.
Source: DfE Date: 26 February 2018
Further information: Applying corporate parenting principles to looked-after children and care leavers: statutory guidance for local authorities (PDF)
Local offer for care leavers: statutory guidance
The Department for Education (DfE) has published guidance for local authorities on the local offer for care leavers as required under Section 2 of the Children and Social Work Act 2017.The guidance gives details of the services and support that may assist care leavers in, or moving to, adulthood and independent living that the local authority provides in relation to: health and wellbeing; relationships; education and training; employment; accommodation; and participation in society.
Source: DfE Date: 26 February 2018
Further information: Local offer guidance: guidance for local authorities (PDF)
Extending personal adviser support to age 25: statutory guidance
The Department for Education (DfE) has published statutory guidance for local authorities in England around extending personal adviser support to all care leavers up to the age of 25. This new duty, introduced through the Children & Social Work Act 2017, commences from 1 April 2018. Information for local authorities on the new burdens assessment for extending personal adviser support to age 25 has also been published.
Source: DfE Date: 26 February 2018
Further information: Extending personal adviser support to all care leavers to age 25: statutory guidance for local authorities (PDF)
Extending personal adviser support to age 25: new burdens assessment (PDF)
Promoting the education of children in care and care leavers: statutory guidance
The Department for Education (DfE) has published statutory guidance setting out the duty local authorities in England have to promote the educational achievement of looked after children and care leavers, and on the role of the designated teacher for children and young people in care and care leavers.
Source: DfE Date: 26 February 2018
Further information: Promoting the education of looked-after children and previously looked-after children (PDF)
The designated teacher for looked after and previously looked-after children: statutory guidance on their roles and responsibilities (PDF)
Wales
KEY LEGISLATION
Children Act 1989
Read moreChildren (Leaving Care) 2000
Read moreAdoption and Children Act 2002
Read moreChildren and Adoption Act 2006
Read moreChildren and Young Persons Act 2008
Read moreChildren and Families Act 2014
Read moreSocial Services and Well-being (Wales) Act 2014
Read moreRegulation and Inspection of Social Care (Wales) Act 2016
Read more
GUIDANCE
When I am ready
Read moreSocial Services and Well-being (Wales) 2014
Read moreSocial Services and Well-being (Wales) 2014
Read moreGuidance on the implementation of the Children (Leaving Care) Act 2000
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National Minimum Standards for Fostering Services (Wales) 2003
Delegated Authority to Foster Carers 2011
Scotland
KEY LEGISLATION
Foster Children (Scotland) Act 1984
Read moreChildren (Scotland) Act 1995
Read moreRegulation of Care (Scotland) Act 2001
Read moreSupport and Assistance of Young People Leaving Care (Scotland) Regulations 2003
Read moreAdoption and Children (Scotland) Act 2007
Read moreLooked After Children (Scotland) Regulations 2009
Read moreChildren’s Hearings (Scotland) Act 2011
Read moreChildren and Young People (Scotland) Act 2014
Read more
GUIDANCE
Staying put Scotland
Read moreGuidance on the Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007 (Scottish Government, 2011)
Read moreGetting it Right for Every Child
Read moreManaging Allegations against Foster Carers
Read moreContinuing care
The Scottish Government has published findings from a public consultation on the extension of the higher age limit for eligibility for continuing care from 19 to 20 years of age from 1 April 2018. No adjustments have been requested or made to the draft order which will enable young people who turn sixteen, but have not yet reached the age of twenty while in residential, foster or kinship care, to remain in their current care setting (‘continuing care’) after they cease to be formally looked after by the local authority.
Source: Scottish Government Date: 28 February 2018
Further information: Children and Young People (Scotland) Act 2014: analysis of consultation on The Continuing Care (Scotland) Amendment Order 2018 (PDF)
The Continuing Care (Scotland) Amendment Order 2018
Northern Ireland
KEY LEGISLATION
The Foster Placement (Children) Regulations (Northern Ireland) 1996
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Adoption Agencies Regulations (Northern Ireland) 1989
Read moreChildren (Northern Ireland) Order 1995
Read moreChildren (Leaving Care) Act (Northern Ireland) 2002
Read moreChildren (Leaving Care) Regulations (Northern Ireland) 2005
Read more
GUIDANCE
Protecting looked after children
Read moreMinimum kinship care standards Northern Ireland
Read moreStandards – Leaving care services in Northern Ireland
Read moreStandards for young adults supported accommodation projects in Northern Ireland
Read moreThe Children (Northern Ireland) Order 1995
Read more