Read up on acts of parliament, secondary legislation, and case law affecting fostering & adoption in Wales.
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> Primary Legislation / Acts of Parliament
> Secondary Legislation / Statutory Instruments
> Case Law
Acts of Parliament
Listed in this section (in date order, most recent first) are the main Acts and Orders affecting adoption and the public care of children in England, Northern Ireland, Scotland and Wales.
Children Act 2004 (England and Wales)
Applies to England and Wales
See more information and BAAF briefings.
Adoption and Children Act 2002
Applies to England and Wales, although some sections apply to Scotland and Northern Ireland
The Adoption and Children Act 2002 received Royal Assent in November 2002 and modernises the whole existing legal framework for domestic and intercountry adoption. It also introduces a new legal order, special guardianship, which offers legal permanence for children for whom adoption is not suitable.
Children's Commissioner for Wales Act 2001
Applies to Wales
Sets out the functions for the office of the Children's Commissioner that was originally established under the Care Standards Act 2000.
www.legislation.hmso.gov.uk/
Care Standards Act 2000
Applies to England and Wales
This Act establishes regulatory bodies for social care in England and Wales, and provisions for registration and standards in social care work and training.
www.legislation.hmso.gov.uk
Children (Leaving Care) Act 2000
Applies to England and Wales
This Act amends the Children Act 1989 and places duties on local authorities to assess and meet the needs of young people leaving care.
www.hmso.gov.uk
Adoption (Intercountry Aspects) Act 1999
Applies to England, Scotland and Wales
This Act amended the Adoption Act 1976 and the Adoption (Scotland) Act 1978 in respect of intercountry adoption and enabled the UK to ratify the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.
www.hmso.gov.uk
Family Law Act 1996
Applies to England and Wales
This Act emphasised the need to consider the welfare of children in cases of divorce and separation.
www.hmso.gov.uk
The Hague Convention on Intercountry Adoption 1993
Applies to the UK
Provides a framework for the process of intercountry adoption, and sets out minimum standards and requirements for countries of origin.
www.hcch.net
Children Act 1989
Applies to England and Wales; some sections affect Northern Ireland and Scotland
This Act introduces major reforms to legislation for children, including introducing the concept of parental responsibility and giving powers to local authorities to provide service for children in need.
- A summary of the main provisions can be read at www.childpolicy.org.uk
- A Department of Health publication from 2001 provides a summary of 24 studies evaluating the implementation of the Children Act 1989, The Children Act Now: Messages from Research, can be found at www.dh.gov.uk
- The Children Act Report 2002 presents the latest information about the work councils do to safeguard children and promote their welfare, and is available at www.dfes.gov.uk
- The full Act is available online at www.hmso.gov.uk
Adoption Act 1976
Applies to England and Wales
This Act established the arrangements necessary for adoption, and the care and protection of children waiting to be adopted.
A summary of the main provisions can be found at www.childpolicy.org.uk and the Act can be purchased from the Stationery Office at www.tso.co.uk/
European Convention on the Adoption of Children 1967
Applies to the UK
Contains a list of provisions on adoption practice that must be incorporated into legislation by member states. It was ratified by the UK in 1968.
http://conventions.coe.int
Secondary Legislation/Statutory Instruments
Secondary legislation allows the provisions in an Act of Parliament to be implemented and changed as required.
The different types of secondary legislation and the Parliamentary procedure for making statutory instruments are explained in the House of Commons Information Office Factsheet available at:
www.parliament.uk
Our fortnightly E-bulletin explains new statutory instruments as they happen. Access archives and subscribe to the bulletin (this service is for BAAF members only - join BAAF).
UK Statutory Instruments
www.opsi.gov.uk/stat.htm
Wales Statutory Instruments
www.opsi.gov.uk/legislation/wales/w-stat.htm
Case Law / Court Rulings
Court Service in England and Wales - Judgments Database
www.courtservice.gov.uk
British and Irish Legal Information Institute
Access to Freely Available British and Irish Public Legal Information
www.bailii.org
European Court of Human Rights - Judgements and Decisions
www.echr.coe.int
Key cases are reported on in the Legal Notes section of our journal Adoption & Fostering
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