Children looked after by local authorities: legal framework

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

Appendix 1 - Relevant legislation and guidance

Primary Legislation

Access to Health Records Act 1990
Adoption (Scotland) Act 1978
Age of Legal Capacity (Scotland) Act 1991
Age of Majority (Scotland) Act 1969
Anti-social Behaviour (Scotland) Act 2004 (commencement date)
Children (Leaving Care) Act 2000
Children (Scotland) Act 1995
Children Act 1989
Children and Young Persons (Scotland) Act 1937
Community Care and Health (Scotland) Act 2002
Criminal Justice (Scotland) Act 2003
Data Protection Act 1998
Disability Discrimination Act 1995
Disabled Persons (Services, Consultation and Representatives) Act 1986
Chronically Sick and Disabled Persons Act 1970
Chronically Sick and Disabled Persons (Scotland) Act 1972
The Community Care (Direct Payments) Act 1996
Education (Scotland) Act 1980
Education (Additional Support for Learning) (Scotland) Act 2004 (to be commenced in September 2005)
Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002,
Family Law (Scotland) Act 1985
Family Law (Scotland) Act 2006
Freedom of Information (Scotland) Act 2002 (full commencement in January 2005)
Homelessness etc. (Scotland) Act 2003
Human Rights Act 1998
Local Government (Scotland) Act 1994
Marriage (Scotland) Act 1977
Mental Health (Care and Treatment) (Scotland) Act 2003
National Health Service (Scotland) Act 1978
NHS Reform (Scotland) Act 2004
Regulation of Care (Scotland) Act 2001
Social Work (Scotland) Act 1968
The Scotland Act 1998
Scottish Public Services Ombudsman Act 2002
Standards in Scotland's Schools Act 2000

Secondary Legislation

The Family Law (Scotland) Act 2006 (Commencement, Transitional Provisions and Savings) Order 2006 ( SSI 2006, No. 212)
Scottish Statutory Instrument 2004 No. 203 The Freedom of Information (Scotland) Act 2002 (Commencement No. 3) Order 2004
Data Protection (Subject Access Modification) (Social Work) Order 2000 (S.I.2000/415)
The Arrangements to Look After Children (Scotland) Regulations 1996, Regulation 19(2)
The Children (Reciprocal Enforcement of Prescribed Orders etc. (England and Wales and Northern Ireland)) (Scotland) Regulations 1996
The Fostering of Children (Scotland) Regulations 1996
Adoption Agencies (Scotland) Regulations 1996, regulation 21
The Secure Accommodation (Scotland) Regulations 1996
Placement of Children with Parents etc. Regulations 1991
The children's hearings (Legal Representation) (Scotland) Rules 2002 ( SSI 2002, No 63)
The children's hearings (Scotland) Rules 1996
The children's hearings (Transmission of Information etc.) (Scotland) Regulations 1996
The Community Care (Joint Working etc.) (Scotland) Regulations 2002
The Pupils' Educational Records (Scotland) Regulations 2003
The Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003 ( SSI 2003, No. 608)
The Homelessness etc. (Scotland) Act 2003 (Commencement No. 1) Order 2003 ( SSI 2003, No 609)
The Qualifications of Chief Social Work Officers (Scotland) Regulations 1996 ( SSI 1996, No 515)
The Regulation of Care (Scotland) Act 2001 (Commencement No. 2 and Transitional Provisions) Order 2002 No. 162 (C. 8)
The Regulation of Care (Requirements as to Care Services)(Scotland) Regulations 2002 ( SSI 2002, No 114)
The Residential Establishments - Child Care (Scotland) Regulations 1996
Social Work (Representations Procedure) (Scotland) Directions 1996

Statutory Guidance

Children (Scotland) Act 1995 Guidance and Regulations Volume 1 Support and Protection for Children and their Families
Children (Scotland) Act 1995 Regulations and Guidance Volume 2: Children Looked After by Local Authorities
NHSHDL(2004)15 Establishing the Responsible Commissioner: Guidance for NHS Scotland
The Scottish Executive (2004) Supporting Young People Leaving Care in Scotland: Regulations and Guidance on Services for Young People Ceasing to be Looked After
Scottish Executive Circular CCD1/2004 Direct Payments Policy and Practice Guidance
Circular SWSG 5/1996 Complaints Procedures
Circular SWSG 2/95 CSWO: Responsibilities

National Care Standards

Care Homes for Children and Young People
Foster Care and Family Placement Services
School Care Accommodation Services

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