1.1. Summarise legislation relating to support care

This guide will help you answer 1.1. Summarise legislation relating to support care.

Supporting care in fostering and adoption is shaped by a range of laws, regulations and statutory guidance. These laws set out how local authorities, agencies and care workers must act to protect children, support families, and secure positive outcomes for everyone involved. Understanding them helps workers follow safe practice and promote the rights and welfare of children.

The focus in this guide will be on England, though many principles are similar in Wales, Scotland and Northern Ireland.

Children Act 1989

The Children Act 1989 is a cornerstone law for all work involving children in England and Wales. It lays out the duties of local authorities and the rights of children and parents.

For fostering and adoption, it:

• Places the welfare of the child as the first priority in all decisions
• Requires local authorities to provide support services for children in need, children looked after, and their families
• Clarifies parental responsibility and how it may be shared or transferred in cases of fostering or adoption
• Sets out processes for care orders, supervision orders and emergency protection orders

The Act introduced the idea that children should be brought up within their own family if possible. If this is not safe or appropriate, alternatives such as fostering or adoption must be considered. Support care services aim to keep children with their families whenever realistic, and this Act provides the framework for that.

Children Act 2004

The Children Act 2004 built on the 1989 Act and responded to the Every Child Matters agenda. It increased focus on multi-agency working and improving outcomes for children.

Main points include:

• Local Safeguarding Children Boards (LSCBs) to co-ordinate child protection work
• A duty on key agencies to work together and share information
• The role of the Children’s Commissioner to represent the views and interests of children

This Act strengthened the idea of integrated support. In fostering and adoption, it reinforces the need for coordinated planning so that all professionals support a child consistently. Support care services must work with schools, health professionals and social services to meet children’s needs.

Adoption and Children Act 2002

This law reformed adoption in England and Wales. It aimed to make adoption processes quicker and more child-focused.

Key features:

• The child’s welfare is paramount in adoption decisions
• Broader definition of who can adopt, including unmarried couples and same-sex couples
• Special Guardianship Orders as another permanency option
• New arrangements for support services before and after adoption
• Obligations on local authorities to assess the needs for adoption support services for adopted children, adoptive parents, birth relatives, and others affected

For support care, this Act recognises that adoption does not end a child’s need for help. It requires assessment and provision of adoption support, including financial help, counselling, and advice to help adopted children settle and thrive.

The Fostering Services (England) Regulations 2011

These regulations set out how fostering services must operate. They provide a legal base for ensuring quality and safety in foster care.

They include:

• Approval and review processes for foster carers
• Requirements for training, support and supervision of foster carers
• The need for written policies covering safeguarding, health, and education
• Standards for record-keeping and children’s case records

Support care in fostering must meet these legal standards. For example, carers are entitled to support and guidance, and children should have care plans reviewed regularly. Without meeting these regulations, fostering providers risk enforcement action.

Care Planning, Placement and Case Review (England) Regulations 2010

These regulations cover how local authorities plan and review placements for looked-after children. They apply to fostering, adoption and other care options.

They require:

• A care plan for each child, including their needs, wishes and longer-term goals
• Regular reviews of plans through the Independent Reviewing Officer (IRO)
• Clear planning for moving into permanent placements

Support care often operates within these processes, giving time for struggling families to make changes while keeping children safe. Plans must be tailored to the child and kept under review.

Children and Families Act 2014

This Act covers multiple aspects of family law and services for children.

In terms of fostering and adoption, it:

• Introduced fostering for adoption to reduce delays in finding permanent homes
• Required local authorities to consider connected person placements (such as with relatives) before other fostering arrangements
• Placed duties on local authorities to provide personal budgets for support services
• Streamlined adoption approval and matching to cut waiting times

For support care, this Act is relevant because it encourages early permanence planning. It expects local authorities to assess and provide support at every stage.

Working Together to Safeguard Children (Statutory Guidance)

While not legislation itself, this guidance has legal status and is linked to duties in the Children Acts 1989 and 2004.

It sets out:

• How agencies should work together to safeguard and promote the welfare of children
• The roles of different organisations, such as health, police, and schools
• Timescales for assessments and planning

Support care in fostering and adoption must operate within these safeguarding expectations. Workers must know reporting routes for concerns and act quickly where safety is at risk.

The Children (Leaving Care) Act 2000

This Act focuses on young people leaving local authority care, including those leaving fostering placements.

It requires local authorities to:

• Support care leavers until at least 21, or 25 if in education or training
• Provide pathway plans to help with housing, education, and life skills
• Appoint a personal adviser for each young person

Support care for fostered young people often continues after placement ends. This Act ensures they are not left without help as they move to independent living.

The Care Standards Act 2000

This Act set up the legal basis for regulating care services, including fostering and adoption agencies.

Main points:

• Foster and adoption agencies must be registered and inspected
• The Office for Standards in Education, Children’s Services and Skills (Ofsted) regulates these services
• Minimum standards for care must be met

Support care services are judged against these standards. Regular inspections check that services meet children’s needs and follow the law.

Special Guardianship Regulations 2005

Special Guardianship gives a child a permanent home with someone other than their parents without breaking legal links to the birth family.

These regulations:

• Set out the assessment process for special guardians
• Define the support services local authorities must offer
• Require annual reviews of financial help for guardians

For support care workers, knowing about special guardianship is important as it may be considered an alternative to long-term fostering or adoption.

Data Protection Act 2018 and UK GDPR

Fostering and adoption involve sensitive personal information. The Data Protection Act 2018, along with the UK version of GDPR, sets the rules for collecting, storing, and sharing this data.

They require:

• Lawful basis for processing personal data
• Keeping personal data accurate and up to date
• Secure processing and storage of records
• Respecting individuals’ rights to access data about themselves

Support care workers must follow these rules when handling case files, assessment forms, and placement information. Breaching them can lead to legal penalties and loss of trust.

Human Rights Act 1998

This Act incorporates the European Convention on Human Rights into UK law. Rights relevant to fostering and adoption include:

• Right to respect for private and family life (Article 8)
• Protection from discrimination (Article 14)
• Right to a fair hearing (Article 6)

When planning support care or making placement decisions, these rights must be balanced against safeguarding duties. For example, removing a child from their family affects their Article 8 rights but can be justified if it protects the child’s safety and welfare.

Equality Act 2010

The Equality Act 2010 protects people from discrimination based on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

In fostering and adoption, the Act:

• Forbids discrimination against prospective foster carers or adopters
• Protects children from discrimination in care or support services
• Promotes diversity in the carer population

Support care services must be inclusive and respectful of cultural and personal differences.

Local Authority Duties in Providing Support Care

Under several of the laws above, local authorities have to:

• Assess the needs of children and families for support services
• Provide foster placements that are safe and meet the child’s needs
• Offer training and supervision for carers
• Provide post-adoption and post-fostering support for children, carers, and families
• Keep written records and review plans

These duties ensure that support care is not limited to the placement itself but extends before and after to promote stability and wellbeing.

Interaction Between Laws

These laws and regulations interact. For example:

• The Children Act 1989 sets welfare as paramount
• The Adoption and Children Act 2002 builds on that by requiring support services
• The Data Protection Act 2018 ensures records from those processes are handled lawfully

This network of legislation shapes how support care happens in practice.

Final Thoughts

Fostering and adoption are deeply important areas of social care. They aim to give children stability, safety, and a chance to grow in a nurturing home. The legislation behind them creates the rules and protections that make this possible. These laws set standards for decision-making, safeguarding, training, and ongoing support, all of which are key to positive outcomes.

For workers in health and social care, knowing this legislative framework helps in daily practice. It guides how information is shared, how support plans are made, and how to respond to the needs of children, carers, and birth families. By applying the principles in these laws, workers help uphold children’s rights and support their long-term wellbeing.