National Care Standards: Foster Care and Family Placement Services

Annex C Useful reference material

Legal

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 have these taken account of; 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 Act is accompanied by regulations and guidance, published as Scotland's Children (1997)

The Data Protection Act 1998

The Act covers how information about living, identifiable people is used. All organisations that hold or process personal data must comply.

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 1998

This Act includes the European Convention on Human Rights into Scots and English law in relation to the acts of public bodies. 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 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:

• Regulation of Care (Scotland) Act 2001 www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2001/20010008.htm
• Regulation of Care (Scotland) Act 2001 Statutory Instruments www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-200201.htm

Policy

Aiming for Excellence: Modernising Social Work Services in Scotland 1999

The White Paper sets out the proposals to strengthen the protection of children and vulnerable adults, and to make sure high quality services are provided. The Scottish Commission for the Regulation of Care is an independent regulator set up for this purpose.

The Way Forward for Care

The Scottish Executive Policy Position Paper of July 2000 develops the proposals set out in Aiming for Excellence. It includes proposals for regulating independent healthcare.

Our National Health 2000

The health plan 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.

The Same as You? 2000

A Scottish executive review of services for people with learning disabilities.

Other useful reference material

Children (Scotland) Act 1995 Regulations and Guidance Volume 2, Children Looked After by Local Authorities. The Stationery Office, 1997.

Children's Safeguards Review. The Stationery Office, 1997.

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

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

UK Joint Working Party on Foster Care, UK national standards for foster care. National Foster Care Association, 1999.

UK Joint Working Party on Foster Care, Code of practice on the recruitment, assessment, approval, training, management and support of foster carers. National foster Care Association, 1999.

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