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2<br />

Similarly, events in England and Wales had led to the production of<br />

the "Guide to Practice" (Foster Care: A Guide to Practice (1976),<br />

London, HMSO), which was to inform social work practice for more<br />

than 2 decades.<br />

The sub-committee addressed the legislative bias in favour of<br />

fostering set out in Section 114 of the Children and Young Persons<br />

Act (NI) 1968. This required that a HSS Board should provide<br />

accommodation and maintenance for a child in its care "on such<br />

terms whether as to payment by the Board or otherwise as the Board<br />

may, subject to the provision of the Act and regulations thereunto<br />

determine". Section 114(1)(b) further states "where it is not<br />

practicable or desirable for the time being to make arrangements for<br />

boarding-out", the accommodation and maintenance may be<br />

provided "by maintaining the child in a children's home or by placing<br />

him in a voluntary home". The sub-committee's report on fostering<br />

noted:<br />

"we are convinced that the primacy given to fostering,<br />

by legislation (no matter how it is qualified) is no longer<br />

appropriate and we recommend that it is repealed"<br />

(Para 2.5).<br />

The Children and Young Persons Review Group chaired by Sir Harold<br />

Black, which reported in 1979, ("Report of the Children and Young<br />

Persons Review Group", Belfast, HMSO, December 1979) also made<br />

this recommendation. Neither of these committees sought to<br />

downgrade fostering as a means of caring for children, rather they<br />

sought to ensure that decisions relating to individual children were<br />

informed by professional judgement. The objectives of both these<br />

reports to ensure that assessment determined placement type was<br />

not achieved legislatively until the commencement of the Children<br />

(Northern Ireland) Order 1995, in November 1996.<br />

Neither the Black Report nor the CPSSAC sub-committee's report<br />

recommended the introduction of custodianship orders giving foster<br />

parents greater rights to the children in their care, as in the Children<br />

Act 1975 of England and Wales. The sub-committee's report stated:<br />

50 YEARS OF CHILD CARE IN NORTHERN IRELAND<br />

22

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