Placement of siblings - legislation

Law and standards

The Law and Standards sections apply to England only.

A brief indication of how the law changed upon full implementation (September 2004 and September 2005) of the Adoption and Children Act 2002 is inserted in italics.

Compliance with statute and regulations is mandatory; compliance with standards is taken into account by the CSCI 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 any decisions affecting a child to be placed with foster parents, that they give 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.