Fostering Regulations
Guide to Fostering Children - Part Five
If you are involved in foster care or considering the idea of fostering children, it will help you to have a basic understanding of fostering regulations, legislation, and the National Minimum Standards.
As a foster carer, you’re not expected to know everything about the legal framework. But it will help you to understand some of the legislation, policy, and guidance that relates to children in care.
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The Purpose of Fostering Regulations
You don’t need to feel ‘put off’ at the idea of regulations; they take account of everyone’s interests and help to ensure positive outcomes for children are encouraged. They set out guidelines across the foster care system which forms a framework for how local authorities and agencies organise fostering services.
Fostering Legislation
Foster carers should feel supported and guided by fostering regulations. If you want to read about them in more depth, (and some people like to!) this government website is a good place to start. You’ll find information about the Children Act 1989 and the National Minimum Standards.
In England, the Children Act 1989 is the primary legislation that sets out essential duties and responsibilities local authorities hold in respect of looked after children and those leaving care. As a foster carer involved in safeguarding and promoting the welfare of looked after children, this act contains a lot of the relevant law.
In Scotland, the primary legislation that introduces provisions for foster care is the Foster Children (Scotland) Act 1984. While in Wales it is the Fostering Services (Wales) Regulations 2003.
In Northern Ireland, the Children (Northern Ireland) Order 1995 sets out the responsibilities local authorities hold in respect of looked after children and those leaving care.
National Minimum Standards
National Minimum Standards (NMS) set out and describe the absolute minimum standards that govern the state’s expectations about how a specific service should be provided.
For the majority of looked after children, the quality of the care provided by foster carers is an essential part of that parenting. This guidance contains the requirements set out by Government to support local authorities, working with fostering service providers, in giving the best possible care and support to the children they look after.
These requirements support the local authority in its primary duty, provided for in section 22(3) of the Children Act 1989, to safeguard and promote the welfare of looked after children.
They describe physical standards, the level of quality of service and how systems and processes should be organised. They also sometimes describe the way staff providing the service should behave and what qualifications they should have. The National Minimum Standards are underpinned by the 2011 Regulations and help to flesh out the regulatory requirement.
This guidance covers fostering services for children who are looked after by local authorities. It does not cover private fostering arrangements, which are the subject of separate statutory guidance.
Points Worth Noting:
At the centre of foster care is the looked after child. All of their physical, social and emotional needs must be addressed. They must also be enabled to develop in a happy, safe and stimulating environment.
As a foster carer, you’re expected to help them feel valued and loved. You’ll be asked to provide them with a secure experience of family life. And to bear in mind their particular interests, abilities, and wishes. You are also expected to support them and help them maintain relationships with their original family, wherever possible.
If you become the foster carer of a child with disabilities or particularly complex needs, you will be given appropriate specialist support.
Reflecting the importance placed on the work of foster carers, you will be seen as a vital member of the team around the child. Your role will be respected and regarded as central to the child’s well-being.
These regulatory conditions are not intended to limit or restrict your foster care input. They are designed to ensure good foster care for some of the most vulnerable children.
Fostering Regulations is part 5 of our 7-part Guide to Fostering Children. Part 6 looks at Foster Care Payments.
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