Find the legislation and government guidance you need
Using the law in independent advocacy with and on behalf of children and young people helps identify and challenge rights breaches, seek remedies and hold public bodies to account. We hope this list of legislation and government guidance assists independent advocates and children’s rights officers up and down the country to defend children’s rights effectively.
In addition to the list below, you may find our resources on using the law in advocacy useful. You can find them here.
You can also use our ON YOUR SIDE advice service to obtain children’s rights information tailored to a particular matter you are helping a child or young person with.

- 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
- The Fostering Services (England) Regulations 2011
Statutory guidance:
- Working together to safeguard children: A guide to multi-agency working to help, protect and promote the welfare of children (2026) (statutory guidance)
- 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 2025)
- 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) – see Part III and Schedule 2
- Working together to safeguard children: A guide to multi-agency working to help, protect and promote the welfare of children (2026) (statutory guidance)
- Children’s social care national framework (2023, last updated 2026) (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, last updated 2024) (statutory guidance)
- Arranging education for children who cannot attend school because of health needs (2013, last updated 2023) (statutory guidance)
- Arranging alternative provision: A guide for local authorities and schools (2013, last updated 2025) (statutory guidance)
- Statutory visits to children with special educational needs and disabilities or health conditions in long term residential settings (2017) (statutory guidance)
- Children’s social care national framework (2023, last updated 2026) (statutory guidance)
- Summary of responsibilities where a mental health issue is affecting attendance (2023) (non statutory guidance)
Resources for advocates: Equality Act 2020: A guide for advocates
- 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 (2010, last updated 2018) (statutory guidance)
Resources for advocates: The rights of children aged 16 and 17 who are without a home and parental care: resources for young people, advocates and other professionals
- 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’s social care national framework (2023, last updated 2026) (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)
Resources for advocates: The rights and entitlements of unaccompanied children (advocacy clinic)
See ‘Looked after children: general’ AND
- The Care Planning, Placement and Case Review (England) Regulations 2010 – Chapter 1: Placement of a child in care with P and Schedule 3: Matters to be taken into account when assessing the suitability of P to care for C (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’
- The Supported Accommodation (England) Regulations 2023 (secondary legislation)
- Guide to the Supported Accommodation Regulations including Quality Standards (2023) (guidance)
- The Care Planning, Placement and Case Review (England) Regulations 2010 – Chapter 3: Other arrangements and Schedule 6: Matters to be considered before placing C in accommodation in accordance with other arrangements
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)
- Children and Social Work Act 2017 (primary legislation)
- The Care Leavers (England) Regulations 2010 (secondary legislation)
- The Children Act 1989 guidance and regulations Volume 3: planning transition to adulthood for care leavers (2010, last updated 2025) (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)
- Local offer guidance (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: Resources for young people, advocates and other professionals
- Children Act 1989 – see Part III and Schedule 2 (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)
- Arranging alternative provision: A guide for local authorities and schools (2025) (statutory guidance)
Resources for advocates: Education rights of looked after children (advocacy clinic)
- Placing children: deprivation of liberty orders (2023) (Ofsted 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)
- The Children Act 1989 guidance and regulations Volume 3: planning transition to adulthood for care leavers (2010, last updated 2025) (statutory guidance) – see ‘Care leavers in the youth justice system’
- The Children Act 1989 guidance and regulation Volume 2: care planning, placement and case review (2010, last updated 2021) – see ‘Looked after children in contact with youth justice services’
- Care Experience Matters: A guide to how prisons, probation and local authorities can work together to support people with care experience in custody and on probation (non-statutory guidance)
Resources for advocates: LAW MAP – sanctions and punishments in secure settings; LAW MAP – Use of force in child prisons
For information about advocacy for children and young people in custody, click here.
- Mental Health Act 1983 (primary legislation)
- Mental Health Act 2025 (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
Last updated: June 2026
We will keep this resource under regular review and will develop it further over time.
If you notice something missing, please let us know – email millie.harris@article39.org.uk