The needs of foster children from black and minority ethnic backgrounds - legislation

Law and standards

The Law and Standards sections apply to England only.

Compliance with statute and segulations is mandatory; compliance with standards is taken into account by the Council for Social Care Inspection when registering and inspecting fostering service providers.

Children Act 1989 section 1 [3]

The welfare checklist: a court must take into consideration the age, sex and background of the child.

Fostering Services Regulations 2002 Regulation 11 [b] [ii ]

Independent fostering agencies shall ensure, before making decisions affecting a child to be placed with foster parents that is given due consideration to his or her religious persuasion, racial origin and linguistic background.

National Minimum Fostering Standard 7

The fostering service must ensure that children and young people and their families are provided with foster care services which value diversity and promote equality.

Adoption and Children Act 2002 - section [1] Welfare checklist for adoption and placement order proceedings.

Section 1 [4] [d] - The court and adoption agency must have regard to the child’s age, sex, background and any of the child’s characteristics which the court or agency considers relevant.

Section 1 [5] In placing a child for adoption, the adoption agency must give due consideration to the child’s religious persuasion, racial origin and linguistic background.