National care standards: care homes for children and young people

National care standards: care homes for children and young people Edition

Annex B Useful reference material


The Age of Legal Capacity (Scotland) Act 1991

This Act identifies the circumstances in which children can act in a way that is legally competent. The Act defines when children and young people can consent to medical treatment.

The Children (Scotland) Act 1995

This Act puts children first. Each child has the right to:

  • be treated as an individual;
  • form and express views on matters affecting him or her; and
  • be protected from all forms of abuse, neglect or exploitation.

Parents and local authorities have rights and responsibilities in achieving the balance of care.

The Disability Discrimination Act 1995

This wide-ranging Act, which came into force in 1996, makes it illegal to discriminate against disabled people in employment, access to goods, services, transport and education.

The Human Rights Act 2000

This Act includes the European Convention on Human Rights in UK law. Its purpose is to protect human rights and to maintain and promote the ideals and values of a democratic society. The Articles of Convention include:

  • freedom of thought, conscience and religion;
  • freedom of expression;
  • freedom of assembly and association;
  • the right to have respect for private and family life; and
  • the right to marry.

The Misuse of Drugs Act 1971

The Act is the main law for drugs control in the UK. It prohibits the possession, supply and manufacture of medicinal and other products except where these have been made legal by the Misuse of Drugs Regulations 1985. The legislation is concerned with controlled drugs and puts these into five separate schedules. Anyone who is responsible for storing or administering controlled drugs should be aware of the content of the Misuse of Drugs Regulations 1985 and the Misuse of Drugs (Safe Custody) Regulations 1973.

The Police Act 1997

Part V of the Police Act 1997 was implemented in April 2002. This provides for the Scottish Criminal Record Office to issue criminal record information certificates to individuals and organisations.

The Public Interest Disclosure Act 1998

The Act protects workers who 'blow the whistle' about wrongdoing. It mainly takes the form of amendments to the Employment Rights Act 1996, and makes provision about the kinds of disclosures which may be protected; the circumstances in which such disclosures are protected; and the persons who may be protected.

The Race Relations Act 1976

The Act makes racial discrimination illegal in employment, service delivery, training and other areas.

The Race Relations (Amendment) Act 2000

The Act makes racial discrimination illegal in public activities that were not previously covered. It puts a general duty on public organisations to promote race equality.

The Regulation of Care (Scotland) Act 2001

The Act establishes a new system of care service regulation including the registration and inspection of care services which takes account of national care standards. The Act also creates two new national, independent bodies, the Scottish Commission for the Regulation of Care, to regulate care services, and the Scottish Social Services Council, to regulate the social service workforce and to promote and regulate its education and training.

You can visit these websites for information:


Our National Health 2000

National Health 2000 is a plan which aims to improve Scotland's health and close the health gap between rich and poor, restoring the NHS as a national service and improving care and standards.

The UN Convention on the Rights of the Child

The Convention is not a law but a code that the Government signed up to in 1991. It recognises that young people under 18 in Scotland do have rights. These rights must be given fairly, and children and young people must be kept safe and well, and able to take part in society.

Other useful references


Another Kind of Home - A review of residential child care. Social Work Services Inspectorate: HMSO 1992

A Secure Remedy - A review of secure accommodation for children in Scotland. Social Work Services Inspectorate: HMSO 1996

Berridge, D and Brodie, I (1998) Children's Homes Revisited. Jessica Kingsley

Brown, E. Bullock, R. Hobson, C and Little, M (1998) Making Residential Care Work. Ashgate

The Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After By Local Authorities. The Scottish Office 1997

Children's Safeguards Review - The Stationery Office 1997

Feeling Safe Report - the views of young people. Who Cares? Scotland (2001)

Health and Safety in Care Homes - Health and Safety Executive

Hills, D and Child, C (1998) Leadership in residential child care. Evaluating qualification training. Wiley

Learning With Care - The Education of Children Looked After Away From Home by Local Authorities. The Stationery Office 2001

Lost in Care - Report of the Tribunal of Inquiry into the abuse of children in care in the former council areas of Gwynedd and Clywd since 1974. The Stationery Office 1999

Morris, J. (1998) Still Missing? Volume 1: The experience of Disabled Children and Young People Living Away from their Families. The Who Cares? Trust

Protecting Children - A shared responsibility. Guidance on inter-agency co-operation. The Stationery Office 1998

Shaw, C. (1998) Remember My Messages. The Experiences and Views of 2000 Children in Public Care in the UK. Who Cares? Trust

The Same As You? - A review of services for people with learning disabilities. The Stationery Office 2000

Valuing Diversity - Having regard to the racial, religious, cultural and linguistic needs of Scotland's children. Social Work Services Inspectorate: The Stationery Office 1998


Harris, J., Allen D., Cornick, M., Jefferson, A. & Mills, R. (1996) Physical Interventions: A policy framework. Kidderminster: British Institute of Learning Disabilities

Clear Expectations, Consistent Limits - Good Practice in the Care and Control of Children and Young People in Residential Care. Centre for Residential Child Care 1997

Administration of medicines

UKCC (2000) Guidelines for the administration of medicines. (Central Council for Nursing, Midwifery and Health Visiting ( UKCC)

UKCC (2001) Position statement on the covert administration of medicines. Central Council for Nursing, Midwifery and Health Visiting ( UKCC)

Royal Pharmaceutical Society of Great Britain (2001) The Administration and Control of Medicines in Care Homes


Engaging Volunteers - A Good Practice Guide (1995 reprinted 1998). Volunteer Development Scotland

Framework for Volunteering - Policy and Procedures in Voluntary Organisations (1998) Volunteer Development Scotland

Protecting Children (1995) Volunteer Development Scotland

The Scottish Compact (1998) The Scottish Office

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