Fostering legislation and statutory guidance in England

The below legislation and statutory guidance relates to children and young people in foster care in England.

Legislation

Children Act 1989 This is the primary legislation looking after children and fostering services. An Act to reform the law relating to children; to provide for local authority services for children in need.

National Care Standards Act 2000 This sets the regulatory and inspectoral regime and establishes National Minimum Standards.

Children (Leaving Care) Act 2000 (c. 35) An Act to make provision about children and young persons who are being, or have been, looked after by a local authority; to replace section 24 of the Children Act 1989; and for connected purposes.

Children Act 2004 An Act to make provision for the establishment of a Children’s Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons

Children and Young Persons Act 2008 An Act to make provision about the delivery of local authority social work services for children and young persons; to amend Parts 2 and 3 of the Children Act 1989; to make further provision about the functions of local authorities and others in relation to children and young persons; to make provision about the enforcement of care standards in relation to certain establishments or agencies connected with children; to make provision about the independent review of determinations relating to adoption; and for connected purposes.

The Fostering Services (England) Regulations 2011 These regulate all fostering services, replacing the Fostering Services Regulations 2002.

The Independent Review of Determinations (Adoption and Fostering) Regulations 2009 These extend the Independent Review Mechanism (IRM) to fostering.

The Care Planning, Placement and Case Review (England) Regulations 2010 These specify requirements for care plans and placement plans, placement decisions, monitoring and review of looked after children.

The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 These introduced a legal definition of a long-term foster placement, set out the conditions that must be complied with before a child can be placed in a long-term fostering placement and provision as to the frequency of reviews. 

The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 These make a new regulation which allows a person who is approved as a prospective adopter to be temporarily approved as a local authority foster carer for a named looked after child (foster to adopt). The regulations amend the child’s placement plan to include identifying any delegation of responsibility to make decisions about the child’s care and upbringing to the local authority and the foster carer. 

The Care Leavers (England) Regulations 2010 These are designed to ensure that young people leaving care receive the same support that would be expected of any reasonable parent.

The Children Act 1989 Representations Procedure (England) Regulations 2006 To regulate how local authorities (and some others) deal with representations made under the Children Act 1989, including those concerning the usual fostering limit.

Statutory guidance

Fostering Services: National Minimum Standards (2011) This document contains the National Minimum Standards (NMS) applicable to the provision of fostering services. The NMS, together with Regulations relevant to the placement of children in foster care such as the Fostering Services (England) Regulations 2011 (the 2011 Regulations), form the basis of the regulatory framework under the Care Standards Act 2000 (CSA) for the conduct of fostering services. 

Children Act 1989 Guidance and Regulations Volume 4: Fostering Services (2011) This guidance sets out the functions and responsibilities of local authorities and their partner agencies in relation to fostering services under Parts 3, 7 and 8 of the Children Act 1989. It also sets out the responsibilities arising from the Children Act 2004 and the Children and Young Persons Act 2008 in relation to fostering services.

Assessment and Approval of Foster Carers: Amendments to the Children Act 1989 Guidance and Regulations Volume 4: Fostering Services (July 2013) The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 amend the Fostering Services (England) Regulations 2011 with respect to the assessment and approval of foster carers for looked after children. 

Children Act 1989 Guidance and Regulations Volume 3: Planning Transition to Adulthood for Care Leavers (2010) Volume 3 of the Children Act 1989 Guidance and Regulations provides guidance, primarily addressed to local authorities and their staff in England, about their functions under Part 3 of the Children Act 1989.

Court Orders and Pre-Proceedings for Local Authorities (April 2014) This is statutory guidance from the Department for Education. It outlines the key principles of the Children Act 1989 and explains the changes to some of the court related sections of the Act following provisions in the Children and Families Act 2014.

IRO Handbook: Statutory Guidance for Independent Reviewing Officers and Local Authorities on their Functions in Relation to Case Management and Review for Looked After Children (2010) This statutory document seeks to improve outcomes for looked after children by providing guidance to independent reviewing officers (IROs) about how they should discharge their distinct responsibilities to looked after children. 

Sufficiency: Statutory Guidance on Securing Sufficient Accommodation for Looked After Children (2010) This statutory document seeks to improve outcomes for looked after children and young people by providing guidance on the implementation of section 22G of the Children Act 1989 (‘the 1989 Act’).

Short Breaks: Statutory Guidance on how to Safeguard and Promote the Welfare of Disabled Children using Short Breaks (2010) This statutory document seeks to improve outcomes for disabled children by providing statutory guidance on how to safeguard and promote their welfare through the provision of short breaks.

Promoting the Education of Looked After Children: Statutory Guidance for Local Authorities (July 2014) This guidance sets the framework through which local authorities discharge their statutory duty under 22(3A) of the Children Act 1989 to promote the educational achievement of looked-after children

Promoting the Health and Wellbeing of Looked After Children: Statutory Guidance for Local Authorities, Clinical Commissioning Groups and NHS England (March 2015) Statutory guidance on the planning, commissioning and delivery of health services for looked-after children.  

Family and Friends Care: Statutory Guidance for Local Authorities (2011) This guidance sets out a framework for the provision of support to family and friends carers. In particular it provides guidance on the implementation of the duties in the Children Act 1989 in respect of children and young people who, because they are unable to live with their parents, are being brought up by members of their extended families, friends or other people who are connected with them. 

Statutory Guidance on Children who Run Away or go Missing from Home or Care – available at Statutory guidance on children who run away or go missing from home or care (January 2014)  Roles and responsibilities when a child goes missing from care is 

Getting the Best from Complaints: Social Care Complaints and Representations for Children, Young People and Others Guidance for local authorities on implementing the new Children Act 1989 complaints procedures for children and young people with an emphasis on resolving problems quickly and effectively and learning from them.