Legislation, policy and guidance on looked after children
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:
In addition, there is specific legislation, policy and guidance relating to looked after children and care leavers. We’ve outlined the key points below.
Looked after children
England
In England and Wales, the Children and Young Persons Act 2008 aims to ensure children in care receive high-quality care and services, which are focused on and tailored to their needs.
The Children and Families Act 2014 amended the Children Act 1989 to require local authorities in England to appoint at least one person to promote the educational achievement of its looked-after children.
In England, the Department for Education (DfE) has provided guidance and regulations on care planning, placement and case review (PDF) (DfE, 2021).
The DfE has also published a protocol for local authority children’s services, local care providers, police forces, criminal justice agencies and local health services (including mental health services) on reducing criminalisation of looked after children and care leavers (DfE, 2018a).
In England, schools must have a designated teacher for looked after and previously looked after children. The DfE has published statutory guidance for local authority maintained schools on their roles and responsibilities (DfE, 2018b).
The DfE has also published guidance on promoting the education of looked-after children and previously looked-after children (PDF) (DfE, 2018c).
The National Institute for Health and Care Excellence (NICE) has published a guideline on Looked after children and young people, which sets out how organisations, practitioners and carers should work together to deliver high-quality care, stable placements and nurturing relationships for children in care (NICE, 2021).
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. It includes provisions about care and supervision, protection of children and children’s homes.
The Department of Health in Northern Ireland has published a series of regulations and guidance relating to the Children (Northern Ireland) Order 1995. Volume 4 is about children in residential care (PDF) (Department of Health, 2006).
The Department of Health has also published Protecting looked after children (PDF), which advises professionals on protecting and safeguarding looked after children (Department of Health, 2023).
The Department of Health has published A life deserved: “caring” for children and young people in Northern Ireland, a strategy which aims to improve the well-being of children and young people in care, at risk of entering care and who have recently left care (Department of Health, 2021a).
The Department of Education has also published guidance for educators of care-experienced children and young people in Northern Ireland and information for schools on the introduction of Personal Education Plans (PEPs) for looked after children (Department of Education, 2018 and 2011).
Scotland
In Scotland, the Children (Scotland) Act 1995 set out many of the duties, powers and responsibilities that local authorities hold in respect of their looked after children and care leavers.
The Foster Children (Scotland) Act 1984 sets out provisions for foster care in Scotland. The Looked After Children (Scotland) Regulations 2009 includes provisions about care planning, fostering and emergency measures. It also sets out when a child can be classed as ‘looked after’ but still live with their parents.
The Children and Young People (Scotland) Act 2014 introduces further provisions to better ensure permanence planning for looked after children.
The non-statutory guidance 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 where there is a risk a child may need to go into care, and describes for whom relevant services must be provided (Scottish Government, 2016a).
The Scottish Government has published guidance to clarify local authorities’ duties under the Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007. This includes:
- the legislative and policy context
- the child’s plan
- the death of a looked after child
- looked after children cared for by their parents
- recruitment of foster carers and the fostering panel
- the assessment and approval of foster carers
- placement of children
(Scottish Government, 2011).
Local authorities in Scotland have a duty to ensure that children in care can live with their siblings where appropriate. They should support children to sustain lifelong relationships with their siblings, even if they can't live together. The Government has published national practice guidance to help local authorities to implement this duty (Scottish Government, 2021).
Plan 21-24 (The Promise Scotland, 2021) is an action funded by the Scottish Government which outlines priority focus areas for children in or on the edge of care in Scotland for 2021 to 2024, to achieve goals set by the Independent Care Review (Independent Care Review, 2020).
The Scottish Government has also published an additional strategy document: Keeping the promise implementation plan, which sets out specific commitments and actions to support care experienced children and families (Scottish Government, 2022).
The Scottish Government’s strategy for looked after children (PDF) sets out priorities to improve the lives of looked after children and young people (Scottish Government, 2015).
The Care Inspectorate in Scotland has published a quality framework for fostering, adoption and adult placement services. The framework is designed to help services assess their own performance and for inspectors to evaluate the quality and effectiveness of services (Care Inspectorate, 2021).
Wales
In England and Wales, the Children and Young Persons Act 2008 aims to ensure children in care receive high-quality care and services, which are focused on and tailored to their needs.
In Wales, 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 Welsh government has issued a code of practice for looked after and accommodated children (PDF), which provides guidance on supporting looked after children, including:
- care and support plans
- accommodation and placements
- secure accommodation
- children accommodated in other types of establishment (Welsh Government, 2015).
The code of practice for advocacy (PDF) sets out the requirements relating to advocacy services for looked after children in Wales (Welsh Government, 2019).
The Welsh Government has published guidance setting out the roles and responsibilities of the designated person for looked after children in schools and the key personnel who should support them (PDF) (Welsh Government, 2017).
Corporate parenting
In England, the Children and Social Work Act 2017 introduces corporate parenting principles, which set out local authorities’ responsibilities for looked after children.
The Department for Education (DfE) has published guidance on the role of local authorities and the application of corporate parenting principles. Applying corporate parenting principles to looked-after children and care leavers: statutory guidance for local authorities (PDF) sets out seven principles that local authorities must follow when supporting children and young people in care and care leavers (DfE, 2018d).
In Northern Ireland, the Standards for Leaving Care Services (Department of Health, Social Security and Public Safety (DHSSPS), 2012) set out that the Health and Social Care Trusts have ‘lead responsibility as corporate parents to safeguard and promote the well-being of young people in and leaving care.’
In Scotland, the Children and Young People (Scotland) Act 2014 sets out the law on corporate parenting.
In Wales, Part 6 of the Social Services and Well-being (Wales) Act 2014 covers Welsh local authorities’ duties to children in their care.
Children missing from care
In England, the Statutory guidance on children who run away or go missing from home or care (PDF) outlines action that local authorities and their partners should take to stop children going missing from home or care and to protect those who do (DfE, 2014).
In Northern Ireland, the Police Service Northern Ireland (PSNI) and Health and Social Care Board have published a missing children protocol (PDF), which aims to ensure that the police and health and social care agencies work together effectively, and that the best interests of the child underpin their work (Health and Social Care Board and PSNI, 2015).
The Scottish Government has published a National missing persons framework, which includes provision for children (Scottish Government, 2017).
The Wales Safeguarding Project Procedures Board provides a practice guide for children who go missing from home or care (Wales Safeguarding Project Procedures Board, 2020).
Other types of care
Fostering for adoption
The Children and Families Act 2014 introduced ‘fostering for adoption’ in England. This allows approved adopters to foster children while they wait for court approval to adopt.
Family and friends care, kinship care or private fostering
Family and friends care (or kinship care) is an arrangement where a child who cannot be cared for by their parent(s) goes to live with a relative, friend or other connected person.
The arrangement can be a private arrangement directly between the parent(s) and the relative, friend or connected person or it can be arranged with the involvement of the local child protection services.
In England, the Department for Education (DfE) provides statutory guidance for local authorities about family and friends providing care for children who cannot live with their parents (DfE, 2011).
In Northern Ireland, The Children (Private Arrangements for Fostering) Regulations (Northern Ireland) 1996 set out how arrangements should be made for fostering a child privately. The Department of Health, Social Services and Public Safety (DHSSPS) has published guidance on children living with carers in private fostering arrangements (DHSSPS, 2011).
The DHSSPS has also published a set of minimum standards for kinship care in Northern Ireland (DHSSPS, 2019).
In Scotland, The Looked After Children (Scotland) Regulations 2009 set out legislation around foster and kinship care. The Children and Young People (Scotland) Act 2014 includes provisions about kinship care.
In Wales, Section 81(6) of the Social Services and Well-being (Wales) Act 2014 covers family and friends care.
Special guardianship
Special guardianship is when a local authority places a child or young person to live with someone other than their parent(s) on a long-term basis. It aims to provide more security than long-term fostering for children where adoption is not the best option.
In England, the regulations for special guardianship are set out in The Special Guardianship Regulations 2005 and The Special Guardianship (Amendment) Regulations 2016.
The Department for Education (DfE) also provides statutory guidance for local authorities (DfE, 2017).
In Wales, the law on special guardianship is set out in The Special Guardianship (Wales) (Amendment) Regulations 2018.
The Welsh Government has also published guidance (PDF) on local authorities’ functions in relation to special guardianship orders (Welsh Government, 2018).
Voluntary care
In some circumstances, children may be taken into care with the permission of their parents. For example, this may happen if a child’s parents are unable to look after them for a period of time due to illness. When this happens a parent retains all their legal rights and can ask for the child to be returned at any time.
A child may be taken into care voluntarily:
The Association of Directors of Children’s Services (ADCS) provides guidance on the use of Section 20 in England and Section 76 in Wales (PDF) (ADCS, 2016).
Care leavers
In England and Wales, the Children (Leaving Care) Act 2000 aims to improve the life chances of young people living in and leaving local authority care.
The Children and Social Work Act 2017 introduced a new duty on local authorities in England to provide personal advisers who will support all care leavers up to age 25, if they want it. It also extends additional educational support to care leavers.
The Department for Education (DfE) has published statutory guidance on extending personal adviser support to age 25 (PDF). This sets out the responsibilities of local authorities in England around extending personal adviser support to all care leavers up to the age of 25 (DfE, 2018e).
Keep on caring: supporting young people from care to independence (PDF) sets out the English government’s strategy to improve services, support and advice for care leavers. The strategy makes recommendations for local and national government, and wider society (Cabinet Office et al, 2016).
In Northern Ireland, the Children (Leaving Care) Act (Northern Ireland) 2002 sets out agencies’ responsibilities for young people leaving care.
The Children (Leaving Care) Regulations (Northern Ireland) 2005 goes into more detail about the matters to be taken into account when assessing and meeting the needs of young people preparing to leave care and care leavers.
The Department of Health’s strategy A life deserved: “caring” for children and young people in Northern Ireland aims to improve the wellbeing of children and young people who have recently left care, as well as those in or at risk of entering care (Department of Health, 2021).
There is a duty on Health and Social Care Trusts to assess and meet young people’s individual needs up to the age of 21 (or beyond, if in education) (Department of Health, 2021b).
The Department of Health, Social Services and Public Safety (DHSSPS) has published Standards: leaving care services in Northern Ireland, which sets out minimum standards for leaving care and aftercare services (DHSSPS, 2012).
In Scotland, Part 10 of the Children and Young People (Scotland) Act 2014 states that any young person who ceases to be looked after on or after their 16th birthday, and is less than 26 years of age, is eligible (between the ages of 16 and 19) or potentially eligible (between the ages of 19 and 26) for aftercare. This applies to all care leavers regardless of the placement type while looked after.
Provisions in Part 11 of the Act state that a young person born after 1 April 1999 who is looked after in foster, kinship or residential care is eligible to remain in their current care placement until they turn 21. This is called Continuing Care.
The Scottish Government has published guidance to explain the changes made by Part 10 (Aftercare) and Part 11 (Continuing care) of the Act (Scottish Government, 2016b and 2016c).
Staying put Scotland: providing care leavers with connectedness and belonging provides guidance for local authorities and other corporate parents, and outlines an explicit philosophy of care. It emphasises the importance of relationship-based practice and extended and graduated transitions (Scottish Government, 2013).
The strategy document Keeping the promise implementation plan sets out plans to provide increased support for care leavers in Scotland, including access to employment and financial support (Scottish Government 2022).
In Wales, the Social Services and Well-being (Wales) Act 2014 places a duty on local authorities to provide support for children and young people leaving care. The support provided should be equivalent to that which a child who has not been looked after might reasonably expect from his or her parents.
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.
In addition, the When I am ready: good practice guide provides guidance for practitioners involved in making and supporting arrangements for young people leaving care (Welsh Government, 2016).