Fostering

School and education - 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 segulations is mandatory; compliance with standards is taken into account by the CSCI when registering and inspecting fostering service providers.

Fostering Service Regulations 2002 Regulation 16

• The fostering service provider shall promote the educational attainment of children placed with foster parents.

• In particular the fostering service provider shall - 
  • establish a procedure for monitoring the educational attainment, progress and school attendance of children placed with foster parents
  • promote the regular school attendance and participation in school activities of school aged children placed with foster parents
  • provide foster parents with such information and assistance, including equipment, as may be necessary to meet the educational needs of children placed with them.
• The fostering service provider shall ensure that any education it provides for any child placed with foster parents who is of compulsory school age but not attending school is efficient and suitable to the child's age, ability, aptitude, and any special educational needs he or she may have.

• The fostering service provider shall ensure that foster parents promote the leisure interests of children placed with them.

• Where any child placed with foster parents has attained the age where he or she is no longer required to receive compulsory full-time education, the fostering service provider shall assist with the making of, and give effect to, the arrangements made for his or her education, training and employment.

National Minimum Fostering Standard 13

The Fostering Service Provider shall give a high priority to meeting the educational needs of each child or young person in foster care, and the provider shall assist with the making of, and give effect to, the arrangements made for his education, training and employment.

Child’s absence from foster parent’s home - Fostering Service Regulations 2002 Regulation 13 (3)

The fostering service provider shall prepare and implement a written procedure to be followed if a child is absent from a foster parent's home without permission.

Overnight stays/school trips for children in foster care - Looked-after Children (2004) 4

Statutory guidance on making decisions about overnight stays for looked-after children was issued by the government in February 2004.

There is no statutory duty for Criminal Records Bureau checks to be carried out on adults with whom looked-after children might stay overnight, for example, a sleepover with school friends, or on school trips.

Responsibility for decisions on overnight stays should be delegated to foster carers with details included in the Placement Agreement as stated in Schedule 6 of the Fostering Services Regulations.