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BASIC LAW FOR FOSTER CARE PRACTITIONERS

Written By

Lil Brooks

Learning Outcomes

To achieve this unit a learner must:

Clarify the legal framework for foster care in England and Wales
Describe how the legal framework for the care and protection of children and young people relates to professional practice in foster care
Illustrate the links between the rights and responsibilities of children and young people and the work of carers in preparing children and young people for citizenship

Content and Structure

MODULE 1

The legal framework for foster care in England and Wales

What is law?

Understanding the concept of a legal framework
Laws in daily life: marriage and divorce; rent and housing; employment; contract; road traffic and highways; sale of goods; environmental health; criminal law
Where does a law start?: the process of creating new law

Duties and powers

Musts and mays: when must we and when may we?
Unwrapping the law: finding out how a small piece of law works
Applying the law: codes of practice; guidance; regulations; reports; policies; procedures

The law relating to fostering

The framework: the Children Act; Fostering Services Regulations; National Minimum Standards for Foster care
Making child care decisions within the law: professional judgment and practice
Challenges under the law: judicial reviews and reports

MODULE 2

The legal framework for the care and protection of children and young people: professional practice in foster care

The Children Act and related laws

Child protection and case conferences

The duties and powers of local authorities and the ACPC
Case conferences: what they are; how they work; how might carers be involved?
Children and evidence: the Youth Justice and Criminal Evidence Act 1999; what happens when children are witnesses; the role of carers in supporting children

Criminal Injuries Compensation

Eligibility for compensation: children who have been injured emotionally, physically or sexually
Ensuring that children and young people make an application for compensation if they are eligible
Helping children and young people to deal with the compensation system

MODULE 3

The rights and responsibilities of children and young people: preparing children and young people for citizenship

Children and the criminal law

The Crime and Disorder Act 1998 and the Youth Justice and Criminal Evidence Act 1999: key points and principles
What happens if a young person is suspected of committing an offence?
Appropriate adults: the Police and Criminal Evidence Act
Reprimands, warnings and prosecutions

Leaving care

The Human Rights Act 1998

Human Rights and Children's Rights
Effect on all law: it is unlawful for public authorities to act in a way incompatible with human rights under the Act
Implications of the Human Rights Act for foster care

This material provides a notional 30 hours of learning.

Level: 3