Regulations for fostering

Below is a brief summary of UK regulations.

National Fostering Regulations

Fostering in the UK is overseen by legislation and fostering regulations, including statutory guidance. The controls are in place to provide the legal and statutory framework for fostering organisations.

Agencies have to make sure that all the controls and best practice guidelines are followed, making sure that they are central to the agency’s policies, procedures, and practices.

National Fostering Legislation

The legislator in England is Parliament – Department for Education.

• Children Act 1989
• Children Act 2004
• Fostering Services Regulations 2011
• Care Standards Act 2000
• The National Minimum Standards (NMS), the inspection and conditions for registration of a fostering organisation.

Fostering Regulations for England

• Children Act 1989 is the main legislation relating to safeguarding and promoting the welfare of children.
• The Children Act 2004, triggering Every Child Matters Agenda and the Five Outcomes.
• The Fostering Services (England) Regulations 2011, the regulations for all Fostering Services.
• Care Planning, Placement and Case Review (England) Regulations 2010, the monitoring, planning and reviews of children’s placements.
• Care Leavers (England) Regulations 2010, the circumstances and arrangements for leaving care.
• National Minimum Standards (NMS), a best practice guidance, providing the minimum standards expected of fostering agencies.

Every Child Matters is a UK government initiative. The Five Outcomes are aims for every child and they are ingrained with each other.

Outcomes:

• Being healthy
• Staying safe
• Enjoying and achieving
• Making a positive contribution
• Achieving economic wellbeing

Legal Position Of Children In Foster Care

The Local Authority where the child’s birth family live when they have been taken into foster care, is responsible for the children and young people. The main legal responsibility stays with that Local Authority whether or not they are placed in local authority or an independent fostering agency.

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