The Children Act 1989 Guidance and Regulations

1.1 Any good parent wants to make sure their children enjoy good emotional and physical health, an excellent education and a wide range of opportunities to enjoy their childhood so that they have every chance to grow up into successful, well rounded and mature adults. Local authorities are responsible for securing this for the children they look after. For the majority of looked after children the quality of the care provided by foster carers is an essential part of that parenting. This guidance contains the requirements set out by Government to support local authorities, working with fostering service providers, in giving the best possible care and support to the children they look after.

1.2 These requirements support the local authority in its primary duty, provided for in section 22(3) of the Children Act 1989, to safeguard and promote the welfare of looked after children. This includes a particular duty to promote the child’s educational achievement and in acting as good corporate parents to enable each looked after child to achieve their full potential. In order to be satisfied that they are adequately exercising their duties under section 22, local authorities should ensure that any services they commission from fostering agencies comply with the functions, duties and powers of that Act.

1.3 The guidance takes into account the requirements set out in the Care Standards Act 2000 and relevant Regulations, especially the Fostering Services (England) Regulations 2011. It directly relates to National Minimum Standards (NMS) for Fostering Services (2011) set by the Government and used by Ofsted in their inspections of fostering services. The text refers to the relevant part of the Fostering Services (England) Regulations 2011, and the relevant NMS.

1.4 This guidance has been informed by the views of looked after children and young people, who were asked by the Children’s Rights Director to comment on how they feel they should be cared for and the standards there should be for their care. The report that was produced about young people’s views was used in preparing this guidance.2