Children and Families Act: Landmark foster care changes hailed

Neil Puffett
Friday, March 14, 2014

Changes to the law to allow young people to stay with foster families up to the age of 21 represent a "landmark" for children in care, the chief executive of the Fostering Network has said.

Young people will have the opportunity to stay in foster care up to the age of 21
Young people will have the opportunity to stay in foster care up to the age of 21

Under the Children and Families Act, local authorities will be required to support young people to stay in foster care up to the age of 21 – so-called "staying-put arrangements".

Other provisions in the Act to protect the welfare of children include:

  • The introduction of a time limit of 26 weeks when courts are considering whether a child should be taken into care
  • Measures to improve safety and security in residential children's homes
  • Ensuring separating couples consider mediation before going to court to apply for custody

Robert Tapsfield, chief executive of the Fostering Network, said allowing fostered children to stay with a carer up to 21 will make a “real difference to the lives of vulnerable young people”.

“Today is a landmark day for young people living with foster carers in England,” he said.

“For years we have argued that care leavers should not be forced out into the world before they are ready, and we are delighted that the government has been able to listen to the strong case we have been making throughout this time.”

Tapsfield added that, following on from the change in England, similar changes to the law are also on their way in Scotland and Wales.

However, campaigners are calling for all children in care to be allowed to stay up to the age of 21.

In January, the government announced it is to explore the possibility of allowing young people to stay in residential care up to the age of 21.

Children’s minister Edward Timpson said: “For children coming into the care system, the new 26-week time limit for care proceedings will reduce unnecessary delays.

"Virtual school heads will champion their education; children in residential care will live in safer, better quality homes and care leavers will have the option to stay with their foster families until they turn 21."

Family justice and civil liberties minister Simon Hughes said the government is making sure the welfare of children is “at the heart” of the family justice system.

“We want to keep families away from the negative effects that going to court can have and to use alternative solutions when they are suitable," he added.

“This is why we have changed the law to make sure that separating couples always consider mediation as an alternative to a courtroom battle.

“When cases go to court, we want them to happen in the least damaging way.

“So we are improving processes, reducing excessive delays, and we have also changed the law so that care cases must be completed within 26 weeks.”

The majority of the family justice provisions in the Children and Families Act will come into force on 22 April, at the same time as the launch of the new single-family court.

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