Social Work Stuff Law page
On this page you'll find lists of links:
to general law sites
to relevant Bills presently before Parliament
to the full text of all specific Acts relevant to social work
UK legislation general info - gateway, explanations and introductions to UK law. The site contains the full text of all Public and Local Acts of the UK Parliament, the Explanatory Notes to Public Acts, Statutory Instruments and Draft Statutory Instruments; and Measures of the General Synod of the Church of England. Managed by Her Majesty’s Stationery Office. To go directly to Acts click here, and for Bills go to The UK Parliament site here. For White & Green Papers go to The UK Official Documents site here. [If you're not clear what a 'Bill' is - or a 'Green Paper', a 'White Paper', or an 'Act' - you can go to the SocialWorkStuff Brief Guide to UK Law.]
Wales Legislation - law specific to Wales.
Scotland Legislation - law specific to Scotland.
Northeren Ireland Legislation - law specific to Northeren Ireland.
UK Law Online - University of Leeds offering all sorts of info on the legal system, judges, jury, Europe, civil justice, civil liberties.
BUBL Link Law - law, statutes, regulations, cases.
SOSIG Law Gateway - the Social Science Information Gateway to general law info, UK, European and International law.
The Legal Services Commission. The Legal Services Commission is a new executive non-departmental public body created under the Access to Justice Act 1999 to develop and administer two schemes in England and Wales:
1. The Community Legal Service, which replaces the old civil scheme of legal aid, bringing together networks of funders (eg Local Authorities) and suppliers into partnerships to provide the widest possible access to information and advice.
2. The Criminal Defence Service which will from later this year replace the old system of criminal legal aid to provide criminal defence services to people suspected or accused of crimes.
The Web Journal of Current Legal Issues (by the University of Newcastle-upon-Tyne & Blackstone Press).
Lawrights.co.uk - free legal information for England & Wales.
UK employment law.
The Children's Legal Centre - an independant UK national charity concerned with law and policy affecting children and young people.
UK Gov site about the Disability Discrimination Act - a brief guide to the Act, plus special sections for employers, advisers, service providers and individuals.
For info about the basics of law, and how it is made, I've written a Beginner's Guide to the Law - click here.
The Magistrate in England and Wales - all about magistrates, including an interesting history, their role, their training, etc..
Bills in parliament now:
Criminal Justice Act 1988 (Amendment) Bill - amend the Criminal Justice Act 1988 to establish a right of appeal in relation to the amount of compensation payable under section 133 of that Act and to make provision about the procedure for the assessment of such amounts.
Disabled Persons (Independent Living) Bill - to impose duties upon certain persons and bodies in respect of disabled persons; to confer certain rights upon disabled persons for independent living; to amend the Mental Health Act 1983; to amend the Care Standards Act 2000; and for connected purposes.
Disabled Children's Assessment and Services Bill - to make provision about the assessment of disabled children’s needs; to amend the law relating to children; to place duties on local authorities and the National Health Service in respect of disabled children and their carers; and for connected purposes.
Safeguarding Vulnerable Groups Bill - to make provision in connection with the protection of children and vulnerable adults. Extract from Explanatory Note: The current system for vetting people who wish to work with children or vulnerable adults operates through employers obtaining a CRB disclosure for new job applicants. CRB disclosures give employers information about an individual's criminal records history, which informs their assessments about the individual's suitability to work with children or vulnerable adults.
Sexual Offences Act 2003 (Amendment) Bill - to amend the Sexual Offences Act 2003 to give the police powers to enter specified premises in order to ascertain whether a person subject to the notification requirements of Part 2 of that Act is residing at or staying on those premises and to search those premises for information relevant to section 67 of the Criminal Justice and Court Services Act 2000, and to create offences in connection with the exercise of those powers.
Disabled People (Duties of Public Authorities) Bill - to make provision in relation to public authorities for the elimination of discrimination against disabled persons and for the promotion of equality of opportunity for such persons.
Physical Punishment of Children (Prohibition) Bill - to make provision about the physical punishment of children.
You can look at all the Bills presently before Parliament (in case I've missed any!) here.
Here are direct links to various Acts which may impact on us as social workers in the UK. They are in year order apart from the three 'big ones' which are first. (It's interesting to see the huge increase in relevant legislation in recent years - no wonder we feel we're becoming more 'agents of social control' than 'helpers'.)
1. The Children Act 1989 - the full text is available here or you can jump straight to Section 17 or Section 47.
2. 'The Community Care Act' - strictly speaking the NHS & Community Care Act 1990. Or go straight to the Section 46 - the Local Authority plans for community care. (Scroll down it to Sections 47 & 48 and you'll also find the statements about Assessment and Inspection.
3. The Mental Health Act 1983 - it is not available in electronic form on government websites but you can access it here, and you will see the government's White Paper on Reforming the Mental Health Act here. For lots more links about this go to the Socialworkstuff Mental Health page.
2006
Safeguarding Vulnerable Groups Act 2006 - to make provision in connection with the protection of children and
vulnerable adults: lays the foundation for a new vetting and barring scheme which will be phased in from autumn 2008. See more here on the Every Child Matters website.
Childcare Act 2006 - to make provision about the powers and duties of local authorities and other bodies in England in relation to the improvement of the well-being of young children; to make provision about the powers and duties of local authorities in England and Wales in relation to the provision of childcare and the provision of information to parents and other persons; to make provision about the regulation and inspection of childcare provision in England; to amend Part 10A of the Children Act 1989 in relation to Wales; and for connected purposes. Explanatory Note here.
Children and Adoption Act 2006 - to make provision as regards contact with children; to make provision as regards family assistance orders; to make provision about risk assessments; to make provision as regards adoptions with a foreign element; and for connected purposes. Explanatory Note here.
Equality Act 2006 - to make provision for the establishment of the Commission for Equality and Human Rights; to dissolve the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission; to make provision about discrimination on grounds of religion or belief; to enable provision to be made about discrimination on grounds of sexual orientation; to impose duties relating to sex discrimination on persons performing public functions; to amend the Disability Discrimination Act 1995; and for connected purposes. Explanatory Note here.
Immigration, Asylum and Nationality Act 2006 - to make provision about immigration, asylum and nationality; and for connected purposes. Explanatory Note here.
Racial and Religious Hatred Act 2006 - to make provision about offences involving stirring up hatred against persons on racial or religious grounds. Explanatory Note here.
Work and Families Act 2006 - to make provision about statutory rights to leave and pay in connection with the birth or adoption of children; to amend section 80F of the Employment Rights Act 1996; to make provision about workers' entitlement to annual leave; to provide for the increase in the sums specified in section 186(1) and 227(1) of that Act; and for connected purposes. Explanatory Note here.
2005
Child Benefit Act 2005 - to make provision for and in connection with altering the descriptions of persons in respect of whom a person may be entitled to child benefit.
Disability Discrimination Act 2005 - an Act to amend the Disability Discrimination Act 1995; and for connected purposes.
Mental Capacity Act 2005 - to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13th January 2000; and for connected purposes.
Education Act 2005 - to make provision about the inspection of schools, child minding, day care, nursery education and careers services; to make other provision about school education; to make provision about the training of persons who work in schools and other persons who teach, about the supply of personal information for purposes related to education and about the attendance of children at educational provision outside schools; and for connected purposes.
2004
Children Act 2004 - to make provision for the establishment of a Children's Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons; to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children's Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children.
Age-Related Payments Act 2004 - to make provision for payments by the Secretary of State to persons over the age of 70; and to enable provision to be made for payments by the Secretary of State to persons over the age of 60.
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 - to make provision about asylum and immigration.
Carers (Equal Opportunities) Act 2004 - to place duties on local authorities and health bodies in respect of carers; and for connected purposes.
Gender Recognition Act 2004 - to make provision for and in connection with change of gender.
2003
Anti-social Behaviour Act - to make provision in connection with anti-social behaviour.
Female Genital Mutilation Act - to restate and amend the law relating to female genital mutilation; and for connected purposes.
Local Government Act - to make provision about finance, and other provision, in connection with local and certain other authorities; to provide for changing the dates of local elections in 2004; to amend the Audit Commission Act 1998; and for connected purposes.
Sexual Offences Act - to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts, and for connected purposes.
Community Care (Delayed Discharges etc.) Act 2003 - to make provision requiring social services authorities to make payments in cases where the discharge of patients is delayed for reasons relating to the provision of community care services or services for carers; and to enable the Secretary of State and the National Assembly for Wales to require certain community care services and services for carers provided by social services authorities to be free of charge to persons receiving those services.
Health (Wales) Act 2003 - to make provision about Community Health Councils in Wales; to establish and make provision about the Wales Centre for Health; and to make provision for the establishment of, and otherwise about, Health Professions Wales.
2002
Adoption and Children Act 2002 - to restate and amend the law relating to adoption; to make further amendments of the law relating to children; to amend section 93 of the Local Government Act 2000; and for connected purposes.
Education Act 2002 - to make provision about education, training and childcare.
Nationality, Immigration and Asylum Act 2002 - to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.
The Homelessness Act - homelessness reviews and strategies. It is intended to protect vulnerable families and individuals by requiring local housing authorities to devise strategies for tackling homelessness. Among other things it gives housing authorities the freedom to use their own properties as short term accommodation for homeless people, until a settled home becomes available, and ensures that people who flee their home due to violence are treated as homeless and cannot be referred back to an area if there is a risk of further violence.
National Health Service Reform and Health Care Professions Bill - provides the statutory backing for the replacement, in April 2002, of health authorities by the new Strategic Health Authorities, a fast passage through to enactment is more or less guaranteed. The legislation will also transfer to Primary Care Trusts (PCTs) most of the functions carried out by the 'old' health authorities, and pave the way for the replacement of Community Health Councils by Patients' Forums in PCTs and NHS Trusts.
Travel Concessions (Eligibility) Act 2002 - to amend the law relating to the age at which certain persons become eligible to receive travel concessions on journeys on public passenger transport services; and for connected purposes.
2001
Children's Commissioner for Wales Act 2001 - The Bill presented to parliament on December 11, 2000 received Royal Assent on May 11. The new Act extends the powers of the UK's first children's commissioner appointed in March. Under the Act the commissioner's principal aim is safeguarding and promoting children's rights and welfare, including making representations to the Welsh Assembly on any matter affecting the rights and welfare of children in Wales.
Criminal Justice and Police Act 2001.
Health and Social Care Act 2001 - controversial plans to abolish Community Health Councils have been scrapped in the new Act given Royal Assent on May 11 2001. The Bill presented to Parliament last December 20 wanted to replace CHC's in England with Patient Advocacy and Liaison Services and patient forums. The new Act will give free nursing care to older people in residential care homes. Care Trusts will integrate the commissioning of health and social services provision - particularly for older people - in a single organisation under the new Act.
Special Educational Needs and Disability Act 2001 - Baroness Blackstone's private members bill, presented to the House of Lords in December 2000, received Royal Assent on May 11 2001. The new Act amends the Education Act 1996 and better protects against disability discrimination in schools and other educational establishments. Better rights for children with special educational needs, their parents and disabled students in England and Wales. Also introduces new duties for local authorities, youth services and others.
Family Law Act (Northern Ireland) 2001 - introduced on October 2, makes a further provision for the acquisition of parental responsibility under Article 7 of the Children (Northern Ireland) Order 1995; and provides for certain presumptions of parentage and for tests to determine parentage.
Housing (Scotland) Act 2001 - giving enhanced rights to homeless people amongst a raft of other measures received Royal Assent on July 18, 2001. Other measures in the new legislation create a new Executive agency to oversee the single regulatory framework, support local authorities strategic role, and help promote stronger communities; new commitments on tenant participation and further measures to help tackle anti-social behaviour; and new strategic and funding roles for local authorities to develop an enhanced strategic role in relation to housing in their area. The Scottish Executive has set aside more than £40 million over three years to ensure that local councils can meet their new duties under the new Act.
2000
Care Standards Act 2000 - the full text, or go to an article on The KeyProvisions done by CareandHealth. On the DFES site you can access Part 4 of the Act which is National Standards for Under Eights Day Care and Childminding.
Carers and Disabled Children Act 2000.
Children (Leaving Care) Act 2000 - came into force on 02/09/00. This new legislation will ensure that young people leaving care are given the best possible chance in life. The Act imposes new responsibilities on local authorities to make sure that support is provided until at least the age of 21. The new Act means that local authorities will be expected to take on greater responsibilities, such as keeping in touch with young people when they have left care and assisting with employment, education and training opportunities.
Child Support, Pensions and Social Security Act 2000.
Sexual Offences (Amendment) Act 2000.
Criminal Justice and Court Services Act 2000.
Race Relations (Amendment) Act 2000.
Sexual Offences (Amendment) Act 2000.
Disability Discrimination Act - (I think it was 2000 but it doesn't seem to say - anyone know?).
1999
Adoption (Intercountry Aspects) Act 1999.
Disability Rights Commission Act 1999.
Immigration and Asylum Act 1999.
Mental Health (Amendment) (Scotland) Act 1999.
Protection of Children Act 1999.
Youth Justice and Criminal Evidence Act 1999.
1998
Community Care (Residential Accommodation) Act 1998.
Crime and Disorder Act 1998.
Data Protection Act 1998.
Human Rights Act 1998.
The Home Office Human Rights Unit - the unit's main responsibility is to ensure the successful implementation of the Human Rights Act 1998, which incorporates into UK law rights and freedoms guaranteed by the European Convention on Human Rights. The Unit also maintains and develops the UK's position under various Human Rights Treaties.
1997
Education Act 1997.
Sex Offenders Act 1997.
Sexual Offences (Protected Material) Act 1997.
1996
Asylum and Immigration Act 1996.
Community Care (Direct Payments) Act 1996.
Education Act 1996.
Family Law Act 1996.
Housing Act 1996.
Sexual Offences (Conspiracy and Incitement) Act 1996.
1995
Carers (Recognition and Services) Act 1995 (c. 12).
Children (Scotland) Act 1995.
Child Support Act 1995 (c. 34).
Disability Discrimination Act 1995 (c. 50).
Mental Health (Patients in the Community) Act 1995 (c. 52).
1994
Mental Health (Amendment) Act 1994.
Race Relations (Remedies) Act 1994.
1993
Asylum and Immigration Appeals Act 1993 (c. 23).
Criminal Justice Act 1993 (c. 36).
Disability (Grants) Act 1993 (c. 14).
1992
Community Care (Residential Accommodation) Act 1992 (c. 49).
1991
Child Support Act 1991 (c. 48).
Criminal Justice Act 1991 (c. 53).
Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21).
Mental Health (Detention) (Scotland) Act 1991 (c. 47).
Registered Homes (Amendment) Act 1991 (c. 20).
Social Security (Contributions) Act 1991 (c. 42).
1990
Access to Health Records Act 1990.
Social Security Act 1990 (c. 27).
1989
Disabled Persons (Northern Ireland) Act 1989 (c. 10).
Social Security Act 1989 (c. 24).
1988
Criminal Justice Act 1988 (c. 33).
Immigration Act 1988 (c. 14).
Social Security Act 1988 (c. 7).
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