The main legislative body in England is the UK Parliament. The responsibility for fostering rests with the Department for Education.
The information listed in the following pages is for guidance only and is not intended to be a comprehensive guide to all legislation relating to children and young people in foster care in England.
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Fostering legislation
Most of the law relating to safeguarding and promoting the welfare of looked after children and the approval and assessment of foster carers is contained within the following legislation:
- The Children Act 1989
- Guidance and Regulations Volume 4 Fostering Services
- The Care Standards Act 2000;
- The Adoption and Children Act 2002
- The Children Act 2004
- The Children and Young Persons Act 2008
- Care Planning, Placement and Case Review Regulations 2010 (amended)
- The Fostering Services Regulations 2011
- National Minimum Standards (NMS)
The Fostering Services Regulations 2011 and NMS provide a clear framework for Fostering Service Providers, Foster Carers and associated staff with regard to how fostering services should be delivered, how foster carers should be assessed, and what foster carers can expect to receive by way of support. The Regulations and Standards are used by OFSTED when inspecting fostering service providers.
We have a range of resources discussing key legislative areas:
