beta

You're viewing our new website - find out more

Publication - Publication

Children looked after by local authorities: legal framework

Published: 14 Sep 2006
Directorate:
Children and Families Directorate
Part of:
Children and families, Education
ISBN:
1905501110

This report describes key aspects of the law as it applies throughout a child's journey through public care and supervision.

132 page PDF

365.6 kB

132 page PDF

365.6 kB

Contents
Children looked after by local authorities: legal framework
Footnotes for Throughcare

132 page PDF

365.6 kB

Footnotes for Throughcare

28 C(S)A 1995, s17

29 Supporting Young People Leaving Care in Scotland: Regulations and Guidance on Services for Young People Ceasing to be Looked After by Local Authorities The Scottish Executive (2004), paragraph 1.1

30 The Arrangements to Look After Children (Scotland) Regulations 1996, regulation 3, Schedule 1

31 ibid, regulation 3(2)

32 ibid, regulation 6(4)

33 Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities paragraph 16, pp 4-5

34 The Arrangements to Look After Children (Scotland) Regulations 1996, regulation 6(1)(a), Schedule 2, Part I, 1-3

35 Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities Chapter 2, paragraph 5, p 40

36 ibid, regulation 6(1)(b), Schedule 2, Part II, 4-8

37 ibid, regulation 4(2)(b)

38 ibid, regulation 4(2)(c)

39 ibid, regulation 5(2)(a)

40 ibid, regulation 5(2)(b)

41 ibid, regulation 5(2)(c)

42 ibid, regulation 5(2)(d)

43 Murray, C., Hallett, C., McMillan, N. and Watson, J. (2002) Children (Scotland) Act 1995: Home Supervision p 122 [ http://www.scotland.gov.uk/library5/education/homesupervision.pdf ]; HMIE and SWSI (2001) Learning with Care: the education of children looked after away from home by local authorities (The Scottish Executive, Edinburgh) Chapter 3, paragraphs 3.6-3.11

44 C(S)A 1995, s26(1)(a)(i) and s26(1)(b)

45 Fostering of Children (Scotland) Regulations, regulation 12

46 C(S) A1995, s93(1) and s34(2)

47 Regulation of Care (Scotland) Act 2001, s2(4); ROC(S)A 2001 repeals and replaces provisions in the Social Work (Scotland) Act 1968 requiring the registration of certain residential grant aided and independent schools in which the whole or a substantial part of its functions is to provide persons with personal care or support, alongside any education which the school provides.

48 C(S)A 1995, s26(1)(c)

49 The Arrangements to Look After Children (Scotland) Regulations 1996, regulation 16

50 The Arrangements to Look After Children (Scotland) Regulations 1996, regulation 16(2); prohibits the placement with parents of children accommodated under C(S)A 1995, s25

51 C(S)A 1995, s26(1)(a)(ii) and (iii)

52 The Fostering of Children (Scotland) Regulations 1996, regulation 14

53 The Arrangements to Look After Children) Scotland Regulation, regulation 6(3) and 16(3)

54 C(S)A 1995, s71(2)

55 The Arrangements to Look After Children) Scotland Regulations 1996, regulation 7(d)(i)

56 ibid, regulation 7(d)(ii) and (iii)

57 ibid, regulation 18(a)(i)

58 ibid, regulation 18(a)(ii)

59 ibid, regulation 18(a) (iii)

60 ibid, regulation 18(a)(iv)

61 ibid, regulation 18(b)

62 Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities Chapter 1, paragraph 78, p 17

63 ibid, Chapter 1, paragraphs 76-79

64 The Scottish Executive (2001) Blueprint for the Processing of children's hearing Cases: Inter-agency Code of Practice and National Standards (2nd edition) (The Stationery Office, Edinburgh); Standard 15 - The local authority will give effect to supervision requirements with no condition of residence within 15 working days of date of issue by the children's hearing (Target 100% compliance).

65 Time Intervals Standards; review of compliance reported in Children's Hearings Representative Group (2003) Report on children's hearings Time Intervals 2002-2003 (see http://www.scotland.gov.uk/library5/education/chti03.pdf )

66 C(S)A 1995, s31

67 Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities Chapter 1, paragraph 81, p 18

68 The Arrangements to Look After Children (Scotland) Regulations 1996, regulation 8(2)(a)

69 ibid, regulation 8(2)(b)

70 ibid, regulation 8(1)

71 Research in England has shown that the longer a 'looked after' child is accommodated away from home, the higher the chance that the child will remain in care. see Rowe, J and Lambert, L (1973) Children Who Wait London, Association of British Adoption Agencies; Millham, S, Bullock, R, Hosie, K and Little, M (1986) Lost in Care: The Problems of Maintaining Links between Children in Care and their Families (Gower, Aldershot)

72 ibid, regulation 9(1)(a)(b) and (c)

73 ibid, regulation 9(2)(a) and (b)

74 Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities Chapter 1, paragraph 85, p 19

75 C(S)A 1995, section 73(4) and (5)

76 The Arrangements to Look After Children) Scotland Regulations 1996, regulation 9(3)

77 ibid, regulation 9(3)

78 ibid, paragraph 48, p 11

79 In Re s (Minors) (Care Order: Implementation of Care Plan) [2002] 2 A.C. 291; An appeal by a parent against the making of final care orders where the local authority had failed to carry out aspects of the care plan submitted to the court. The Court of Appeal determined that the framework for care orders could potentially be in breach of ECHR Articles 8 and 6 and therefore introduced a new procedure in which the court identified and 'starred' essential milestones of a care plan. If a starred milestone was not achieved within a reasonable time after the date set at trial, the local authority was obliged to inform the child's guardian of the position. Either the guardian or the local authority would then have the right to apply to the court for further directions. The court also laid down guidelines giving judges wider discretion to make an interim care order and defer making a final care order. The local authority concerned and the Secretary of State for Health appealed. The House of Lords ruled that the Children Act 1989 did not empower the courts to interfere with how the local authority discharged its parental responsibility once a final care order was made, and that the court had no power to introduce new requirements which had the effect of amending legislation passed by Parliament. Parents who claimed that failure to implement a care plan breached their Article 8 rights could raise an action under section 7 of the Human Rights Act 1998 and therefore there were other appropriate remedies in place.

80 Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities, Chapter 1, paragraph 115, p 24