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.
Footnotes for Local authorities' legal duties towards looked after children
1 C(S)A 1995, s17(1)(a)
2 C(S)A 1995, s17(1)(b)
3 C(S)A 1995, s17(1)(c)
4 C(S)A 1995, s17(3)and (4)(a) and (b)
5 C(S)A 1995, s17(4)(c)
6 C(S)A 1995, s17(5)
7 The Arrangements to Look After Children (Scotland) Regulations 1996; The Fostering of Children (Scotland) Regulations 1996
8 Children (Scotland) Act 1995 Regulations and Guidance Volume 2: Children Looked After by Local Authorities
9 The Arrangements to Look After Children (Scotland) Regulations, regulation 19
10 Children (Scotland) Act 1995 Regulations and Guidance Volume 1: Support and Protection for Children and their Families Chapter 2 Annex A (p 15)
11 C(S)A 1995, s17(6)
12 For overview of the statutory requirements to consult with children in legal and administrative proceedings see Marshall, K, Tisdall, E. Kay M., Cleland, A with Plumtree, A (2002) ' Voice of the Child'; Under the Children (Scotland) Act 1995: Giving due regard to children's views in all matters that affect them Volume 1, Mapping Paper (The Scottish Executive CRU, Edinburgh)
13 C(S)A 1995, ss16 and 17(3) and (4) [s16 - duty upon courts and children's hearings; ss17 (3) and (4)]
14 Children (Scotland) Act 1995 Regulations and Guidance Support and Protection for Children and their Families Chapter 1 pp 5-6; Chapter 6 p 34
15 The Arrangements to Look After Children (Scotland) Regulations 1996, Regulation 5(2)(c)
16 ibid, regulation 5(3)
17 ibid, regulation 13
18 ibid, regulation 5(2)(d)
19 C(S)A 1995, s17(1)(c)
20 C(S)A 1995, s22(1)(b)
21 Social Work (Scotland) Act 1968, s29
22 June Thoburn (2002) Quality Protects Research Briefing No 5 Adoption and Permanence for Children who Cannot Live Safely with Birth Parents or Relatives, DOH
23 Beckett S and Hershman D (2001) 'The Human Rights Implications for Looked After Siblings' April [2001] Family Law
24 The Arrangements to Look After Children (Scotland) Regulations 1996, regulation 5(4)
25 Re S (Contact: Application by Sibling) [1998] 2 FLR 897 established that the welfare of the child with whom a brother or sister sought contact would be the paramount consideration of the court.
26 Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities, paragraphs 19-20, p 5
27 Sheriff Brian Kearney, personal communication
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