New laws set to transform child protection and care systems
These Acts cement some of the most significant reforms to children’s social care as well as major changes to safeguarding in England, with some areas also covering Wales. Throughout the legislative process, BASW has been working to represent the profession and would like to share some information about what this means for social work.
The Children’s Wellbeing and Schools Act (applicable to England only) delivers a major part of the government’s reform agenda with a funding package attached. For social workers, the Act introduces statutory changes which impact working in multi-agency settings, the use of family networks, and how the workforce itself is regulated.
A summary of key reforms
At the heart of these reforms is the mandatory establishment of Multi-Agency Child Protection Teams in every local authority by March 2027. These teams integrate social workers with professionals from health, police, and education to oversee Section 47 enquiries and child protection planning. Central to this is the new Lead Child Protection Practitioner role, a position for which the government is developing specialised training and considering a protected statutory title to ensure high standards of expertise across the profession.
Family involvement has been bolstered through the statutory requirement for councils to offer Family Group Decision Making meetings before seeking care or supervision orders. This is designed to ensure that kinship networks are exhausted as a resource before a child enters the formal care system. In a similar vein, the Act strengthens children’s rights to maintain relationships by requiring councils to facilitate reasonable contact between siblings in care. This move addresses longstanding concerns from advocates that sibling bonds were often severed by administrative barriers or lack of placement availability.
To address the stability of the workforce, the Act transitions existing guidance on agency social workers into formal law. This gives ministers direct power to regulate how locum staff are used and managed, aiming to address the sector’s reliance on high-cost agency churn. Simultaneously the legislation takes aim at the care market's financial sustainability by introducing a financial oversight regime for large providers and granting the government the power to implement profit caps. These measures, alongside the rollout of Regional Care Cooperatives, are intended to shift the balance of power back to local authorities and ensure that funding is directed toward child outcomes rather than excessive private gain.
BASW has remained deeply involved throughout the legislative journey, acting as a critical friend to the government while championing the practical realities of frontline practice. BASW has been vocal in ensuring that the move toward multi-agency teams does not erode the unique professional identity and decision-making autonomy of social workers. While BASW supports the intent of the Families First model, it continues to pressure the Department for Education to ensure that the £2.4bn funding package is sufficient to meet the increased administrative and clinical demands these new statutory duties will place on already stretched teams.
New criminal offences for “cuckooing”
The Crime and Policing Act, applying to both England and Wales, also represents major changes for social work practice. For years, social workers have witnessed criminals using vulnerable people’s homes to use as a base for drug dealing and other illicit activities. This Act will now create a standalone offence this activity, commonly known as “cuckooing”.
Another major change includes a shift in professional accountability with the strengthening on duty to report requirements and the statutory duty to disclose. Beyond specific mandates to report child sexual abuse, the Act creates a clear legal requirement for professionals to proactively share information essential to safeguarding vulnerable children and adults.
It is now a criminal offence to intentionally prevent or deter someone from complying with these duties. By enshrining these obligations in statute, the legislation ensures that failures to report known risks can be referred directly to regulators like Social Work England or the DBS, moving safeguarding compliance from professional guidance into a legal mandate.
Rick Hood, Co-Chair of BASW England's Children & Families Group:
“These new Acts of Parliament mark a pivotal moment for social work. While we welcome the statutory focus on sibling contact and the crackdown on profiteering in the care market, the success of Multi-Agency Child Protection Teams and the new Lead Practitioner role hinges entirely on effective implementation. Furthermore, those subject to the new duty to report must receive comprehensive training and adequate resourcing. We remain committed to working with the government to ensure these reforms are fully funded and that the professional autonomy of social workers is upheld”
