Temporary foster care - 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 Commission for Social Care Inspectorate, when registering and inspecting fostering service providers.

National Adoption Standards require that permanency plans for all looked-after children [adoption, reunification or other forms of permanency] must be made by four months after becoming looked after at the time of their second looked after children review.

Review of Children’s Cases Regulations 1991

Review of Children’s Cases [Amendment] [England] Regulations 2004

Guidance to 1991 Regulations: DoH, and Independent Reviewing Officers Guidance DFES -

The Children and Family Court Advisory and Support Service [Reviewed Case Referral] Regulations 2004 SI 2004 2187

From 27 September 2004, local authorities must appoint Independent Reviewing Officers to review all looked-after children. They will have a specific legal duty to ’progress chase’ care plans which are at risk of drifting, or not being implemented at all, take a proactive role in resolving problems on behalf of the child, including helping the child access advice to take their own legal action, and as a last resort, may make a referral to the Children and Family Court Advisory and Support Service for legal action to be taken on behalf of the child, to secure or preserve their human rights.