Legislation, policy and guidance
There is legislation and guidance in each nation of the UK that sets out how the child protection system works and what agencies’ responsibilities are to children and families who need support.
Find out more about the child protection system in:
There is specific legislation, policy and guidance relating to children in care and care leavers.
Key legislation
England and Wales
The Children Act 1989 underpins the way the care system works in England and Wales.
The Children (Leaving Care) Act 2000 introduced new duties in England and Wales around putting in place plans to promote the wellbeing of looked after children after they cease to be in care.
The Children and Young Persons Act 2008 introduced reforms to the care system in England and Wales. These included:
- making it explicit that placement with a parent is the preferred option, followed by kinship care
- extending local authority duties to children leaving care, including those over 21 who return to education or training
- requiring children’s services to arrange for looked after children to have an independent visitor where it is considered in the child’s best interests.
England
The Care Planning, Placement and Case Review (England) Regulations 2010 set out the responsibilities of local authorities to plan the care and improve the outcomes of children in care.
The Children and Families Act 2014 introduced a number of changes to the care system in England including:
- introducing ‘fostering for adoption’ to allow approved adopters to foster children while they wait for court approval to adopt
- setting a 26-week limit for care proceedings
- establishing ‘staying put’ arrangements to enable young people to continue living with their foster carers if they wish until the age of 21
- replacing residence and contact orders with child arrangement orders, which specify where a child is to live and who they are to spend time with.
The Children and Social Work Act 2017 introduced further reforms relating to looked after children, including:
- setting out seven corporate parenting principles around local authorities’ responsibilities towards looked after children
- requiring local authorities to publish a ‘local offer’ for care leavers, and provide care leavers with a personal advisor up to the age of 25
- requiring courts to consider the impact of harm on children and their current and future needs when making decisions about long term placements.
Northern Ireland
In Northern Ireland, The Children (Northern Ireland) Order 1995 sets out the duties, powers and responsibilities of local authorities regarding looked after children.
The Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996 set out how arrangements should be made for fostering a child privately.
The Children (Leaving Care) Act (Northern Ireland) 2002 sets out Health and Social Care Trusts’ responsibilities for young people leaving care, including:
- the duty to assess and meet young people's individual needs
- providing personal advisers and develop pathway planning for young people up to the age of 21 (or beyond if continuing in education)
The Children (Leaving Care) Regulations (Northern Ireland) 2005 provides more detail on assessing and meeting the needs of young people preparing to leave care and care leavers.
Scotland
The Foster Children (Scotland) Act 1984 sets out provisions for foster care in Scotland.
In Scotland, the Children (Scotland) Act 1995 sets out the duties, powers and responsibilities local authorities hold in respect of looked after children and care leavers.
The Looked After Children (Scotland) Regulations 2009 introduces:
- provisions about care planning, fostering, kinship care and emergency measures
- clarity on when a child can be classed as ‘looked after’ but still live with their parents.
The Children and Young People (Scotland) Act 2014 introduces reforms, including:
- setting out the law on corporate parenting
- the provision of aftercare to young people leaving care on or after their 16th birthday
- making it clear that a young person who is looked after in foster, kinship or residential care is eligible to continuing care in their current placement until they turn 21.
Wales
The Social Services and Well-being (Wales) Act 2014 covers local authorities’ duties to children in their care, and family and friends’ care. It includes a requirement to support for children and young people leaving care which is equivalent to the support a non-care-experienced child might reasonably expect from their parents.
The Care Planning, Placement and Case Review (Wales) Regulations 2015 set out the responsibilities of local authorities to plan looked after children’s care.
The Care Leavers (Wales) Regulations 2015 make provision about the support to be provided to young people who are no longer looked after by a local authority.
Strategy and policy
England
The government’s plans to transform children’s social care in England through its Stable homes, built on love strategy1 identifies six key “missions” to improve the care system:
- ensure strong, loving relationships for care-experienced children
- increase the number of local, high-quality, stable and loving homes
- strengthen and extend corporate parenting responsibilities across the public sector
- improve education, employment and training outcomes for children in care
- increase suitable accommodation for care leavers and reduce homelessness
- reduce disparities in mental and physical health outcomes and improve wellbeing.
The DfE has published a national kinship care strategy,2 to support kinship carers and children across England. The strategy sets out plans to improve support to grandparents, other family members and wider family networks by launching a kinship financial allowance; creating a new Kinship Care Ambassador role; and improving the visibility of kinship carers.
Northern Ireland
A life deserved – a strategy for looked after children aims to improve the well-being of children and young people in care, at risk of entering care and who have recently left care.3
Scotland
Plan 21-24 outlines priority focus areas the Scottish Government has for children in or on the edge of care, to achieve goals set by the Independent Care Review.4 This includes a local authority duty to ensure that children in care can live with their siblings where appropriate.
Wales
The Programme for government 2021 to 2026 sets out the Welsh Government’s current priorities, including a commitment to, “explore radical reform of current services for children looked after and care leavers”.5 This commitment was built on in the Declaration of radical reform for children and young people's care, developed by Welsh Minsters with Young Ambassadors representing the care experienced community, which sets out the steps needed to promote the rights and wellbeing of children in care.6
Key guidance
England
Statutory guidance and regulations have been issued under the Children Act 1989 including:
Children Act 1989: family and friends care provides statutory guidance for local authorities about family and friends providing care for children who cannot live with their parents.12
The NICE guideline [NG205] published by the National Institute for Health and Care Excellence (NICE) sets out how organisations, practitioners and carers should work together to deliver high-quality care, stable placements, and nurturing relationships for looked after children.13
Applying corporate parenting principles to looked-after children and care leavers: statutory guidance for local authorities (PDF) sets out seven principles local authorities must follow when supporting children and young people in care and care leavers.14
Northern Ireland
The Protecting looked after children guidance (PDF) advises professionals on managing protection concerns relating to looked after children.15
Scotland
The Children and Young People (Scotland) Act 2014: national guidance on part 12: services in relation to children at risk of becoming looked after, etc gives frontline practitioners, managers and strategic leaders an overview of the legal framework for providing support services.16
Part 10 (aftercare) and Part 11 (continuing care) of the Children and Young People (Scotland) Act 2014 both have published guidance to explain the provisions.16,17
Guidance on the Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007 clarifies local authorities’ duties.18
Wales
Part 6 code of practice (looked after and accommodated children) (PDF) provides guidance to local authorities on supporting looked after children.19
Children missing from care guidance
Looked after children are more likely to go missing than other children and are at greater risk of harm if they do.20
The guidance each of the four nations has published includes:
Care leavers guidance
With outcomes for care leavers consistently poorer than for non-care-experienced young people,25 all four nations in the UK provide support for care leavers.
In addition to the above key legislation and guidance, the following documents are also useful for practitioners: