Find the legislation and government guidance you need

• European Convention on Human Rights (ECHR) (international law which has direct effect in UK law thanks to the Human Rights Act 1998)
• Human Rights Act 1998 (primary legislation) – see especially section 6(1)
• United Nations Convention on the Rights of the Child (international law)

Recourses for advocates: Understanding the law: an introduction (see page 6)

• Equality Act 2010 (primary legislation)
• European Convention on Human Rights (ECHR) – Article 14 combined with another ECHR right (international law which has direct effect in UK law thanks to the Human Rights Act 1998)

Resources for advocates: Equality Act 2010 – a guide for advocates

Primary legislation: Children Act 1989

Secondary legislation (in date order):

• The Children (Secure Accommodation) Regulations 1991 *Please note: the online version is the original version which does not reflect subsequent updates – click here for a list of updates
• The Children Act 1989 Representations Procedure (England) Regulations 2006
• The Care Leavers (England) Regulations 2010 *Please note: the online version is the original version which does not reflect subsequent updates – click here for a list of updates
• The Care Planning, Placement and Case Review (England) Regulations 2010 *Please note: not all updates are reflected within the online version of the Regulations – click here for a list of all updates
• The Fostering Services (England) Regulations 2011

Statutory guidance:

• Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children (2018)
• Children Act 1989 guidance and regulation Volume 1: court orders (2014)
• Children Act 1989 guidance and regulation Volume 2: care planning, placement and case review (2010, last updated 2021)
• Children Act 1989 guidance and regulation Volume 3: transition to adulthood for care leavers (2010, last updated 2022)
• Children Act 1989 guidance and regulation Volume 4: fostering services (2011, last updated 2015)
• Children Act 1989 guidance and regulation Volume 5: guide to children’s homes regulations, including quality standards (2015)

• Children Act 1989 (primary legislation)
• Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children (2018) (statutory guidance)
• Special educational needs and disability code of practice: 0 to 25 years Statutory guidance for organisations which work with and support children and young people who have special educational needs or disabilities (statutory guidance) *This guidance is relevant as all disabled children are children in need (section 17(10)(c), Children Act 1989)

The right to make Children Act 1989 complaints:

• Children Act 1989 (primary legislation)
• The Children Act 1989 Representations Procedure (England) Regulations 2006 (secondary legislation)
• Getting the best from complaints: Social care complaints and representations for children, young people and others (2006) (statutory guidance)

• Children Act 1989 (primary legislation)
• Children and Families Act 2014 (primary legislation)
• Care Act 2014 (primary legislation)
• Equality Act 2010 (primary legislation)
• The Special Educational Needs and Disability Regulations 2014 (secondary legislation)
• The Visits to Children in Long-Term Residential Care Regulations 2011 (secondary legislation)
• Special educational needs and disability code of practice: 0 to 25 years (2014) (statutory guidance)
• Ensuring a good education for children who cannot attend school because of health needs (2013) (statutory guidance)
• Alternative provision (2013) (statutory guidance)
• Statutory visits to children with special educational needs and disabilities or health conditions in long term residential settings (2017) (statutory guidance)
• Summary of responsibilities where a mental health issue is affecting attendance (2023) (non statutory guidance)

• Children Act 1989 (primary legislation)
• The Southwark judgment (2009, House of Lords) (case law)
• Prevention of homeless and provision of accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation (2018) (statutory guidance)

Recourses for advocates: LAW MAP – Supporting homeless children aged 16 and 17

• Children Act 1989 (primary legislation)
• Children and Social Work Act 2017 (primary legislation)
• The Care Planning, Placement and Case Review (England) Regulations 2010 (secondary legislation)
• Children Act 1989 guidance and regulations volume 2: care planning, placement and case review (2010) (statutory guidance)
• Independent reviewing officers’ handbook (2010) (statutory guidance)
• Applying corporate parenting principles to looked-after children and care leavers (2018) (statutory guidance)
• Children who run away or go missing from home or care (2014) (statutory guidance)
• The national protocol on reducing unnecessary criminalisation of looked-after children and care leavers (2018) (non-statutory guidance)

The right to make Children Act 1989 complaints:

• Children Act 1989 (primary legislation)
• The Children Act 1989 Representations Procedure (England) Regulations 2006 (secondary legislation)
• Getting the best from complaints: Social care complaints and representations for children, young people and others (2006) (statutory guidance)

See ‘looked after children: general’ AND:

• Care of unaccompanied migrant children and child victims of modern slavery (2017) (statutory guidance)
• Age assessment guidance: guidance to assist social workers and their managers in undertaking age assessments in England, Association of Directors of Children’s Services (2015) (non statutory guidance)

See also: ‘looked after children: general’

• Children Act 1989 (primary legislation)
• The Care Planning, Placement and Case Review (England) Regulations 2010 – Chapter 1: Placement of a child in care with P (secondary legislation)

See ‘looked after children: general’ AND:

• The Fostering Services (England) Regulations 2011 (secondary legislation)
• The Children Act 1989: Guidance and Regulations Volume 4: Fostering Services (statutory guidance)
• Fostering Services: National Minimum Standards (2011) (non-statutory guidance)

See ‘looked after children: general’ AND:

• The Children’s Homes (England) Regulations 2015 (secondary legislation)
• Guide to the Children’s Homes Regulations including the quality standards (2015) (statutory guidance)

See ‘looked after children: general’ AND:

• The Children (Secure Accommodation) Regulations 1991 (secondary legislation)

Resources for advocates: LAW MAP – deprivation of liberty

See ‘looked after children: general’

Resources for advocates: Accommodation for children aged 16 and 17 who are in care

• Children Act 1989 – sections 14A-14G (primary legislation)
• The Special Guardianship Regulations 2005 (secondary legislation)
• The Special Guardianship (Amendment) Regulations 2016 (secondary legislation)
• Special guardianship guidance: Statutory guidance for local authorities on the Special Guardianship Regulations 2005 (as amended by the Special Guardianship (Amendment) Regulations 2016) (statutory guidance)
• Best practice guidance: Special guardianship orders, Public Law Working Group (2021) (non-statutory guidance)

Resources for advocates: LAW MAP – special guardianship orders

• Children Act 1989 (primary legislation)
• The Care Leavers (England) Regulations 2010 (secondary legislation) *Please note: the online version is the original version which does not reflect subsequent updates – click here for a list of updates
• The Children Act 1989 guidance and regulations Volume 3: planning transition to adulthood for care leavers (2010, last updated 2022) (statutory guidance)
• Applying corporate parenting principles to looked-after children and care leavers (2018) (statutory guidance)
• Extending Personal Adviser support to all care leavers to age 25 (2018) (statutory guidance)
• The Children Act 1989 (Higher Education Bursary)(England) Regulations 2009 (secondary legislation)
• The national protocol on reducing unnecessary criminalisation of looked-after children and care leavers (2018) (non-statutory guidance)

Resources for advocates: Care leavers’ rights

• Children Act 1989 (primary legislation)
• Children and Social Work Act 2017 (primary legislation)
• The Care Planning, Placement and Case Review (England) Regulations 2010 (secondary legislation)
• The Children Act 1989 (Higher Education Bursary)(England) Regulations 2009 (secondary legislation)
• Promoting the education of looked after children and previously looked after children (2018) (statutory guidance)
• The designated teacher for looked after and previously looked-after children: Statutory guidance on their roles and responsibilities (2018) (statutory guidance)
• Summary of responsibilities where a mental health issue is affecting attendance (2023) (non statutory guidance)

Resources for advocates: LAW MAP – deprivation of liberty

• The Children’s Homes (England) Regulations 2015 (secondary legislation – applies to secure children’s homes)
• The Secure Training Centre Rules 1998 (secondary legislation)
• The Young Offender Institution Rules 2000 (secondary legislation)

Resources for advocates: LAW MAP – sanctions and punishments in secure settings

For information about advocacy for children and young people in custody, click here.

• Mental Health Act 1983 (primary legislation)
• The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (secondary legislation)
• Code of practice: Mental Health Act 1983 (statutory guidance)
• Mental Health Units (Use of Force) Act 2018: statutory guidance for NHS organisations in England, and police forces in England and Wales (2021) (statutory guidance)

• Mental Capacity Act 2005 (primary legislation)
• The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 (secondary legislation)
• Mental Capacity Act Code of Practice (2013) (non statutory guidance)

Resources for advocates: LAW MAP – deprivation of liberty