CCPR/C/58/Add.6 page 70
318. The majority of children in local authority care are fostered (boarded out), reflecting the importance attached to placement with a family as the preferred substitute for most children who cannot be cared for within their own families. New regulations and accompanying guidance were issued in 1988 to govern these placements. The regulations, which replaced the Boarding Out Regulations 1955, aim to provide a more effective and up-to-date framework for foster care practice and reflect the changes which have taken place in foster care in recent years.
319. Boarding out and fostering in Scotland is regulated by the Boarding Out and Fostering of Children (Scotland) Regulations 1985, which apply to the action of a local authority or voluntary organization under the Social Work (Scotland) Act 1968. In Northern Ireland, boarding out and fostering is governed by the Children and Young Persons (Boarding Out) (Northern Ireland) Regulations 1976.
320. The Accommodation of Children (Charge and Control) Regulations and accompanying guidance were also issued in 1988 to govern the placement of children in local authority care in England and Wales with a parent, guardian, relative or friend. The Children and Young Persons (Amendment) Act 1986 empowers the Secretary of State for Social Services to make regulations governing placement of children in care with a parent, guardian, relative or friend under section 21 (2) of the 1980 Act.
321. Existing statutory powers allowed the Secretary of State to make regulations to govern the way in which local authorities discharged their responsibilities for children in their care whom they had placed with foster parents or in children's homes, but no regulating power existed in relation to the type of arrangement now to be covered by regulations; these arrangements tended to be known as "home on trial". This term is out of keeping with the aims and expectations involved in such situations, and such arrangements are referred to in the regulations and the associated guidance as placement under the charge and control of a parent, guardian, relative or friend. The 1988 Regulations reflect recognition of the difficulty of such placement decisions and aim to provide a statutory framework which will underpin good practice; they came into force on 1 June 1989.
Child abuse
322. Statutory responsibility for the care and protection of children who may be subject to abuse rests with local authority social services departments, although health services, the probation services, police, education and voluntary organizations may also be involved.
323. There has been a worrying increase in the reported incidence of child abuse, in particular sexual abuse. The Government has taken action to improve the handling of child abuse cases; its programme includes legislative changes, the development of guidance for professionals working with children, training and research.
324. In 1984, the Department of Health began a comprehensive review of guidance in relation to child abuse and arranged a series of meetings aimed at improving co-ordination between agencies involved in the care and protection of children. Many points raised at these meetings were later incorporated in a consultation document which was published in May 1986. A final version of