Examining the adequacy of legal support for foster carers : a comparative analysis of Chapter 602 of the laws of Malta and UK legislation

Abstract

Fostering is a temporary arrangement to provide children with a safe and stable home when they are unable to reside with their biological family for various reasons. Foster carers have a duty to raise children in a nurturing environment where they can meet all their basic needs, as well as provide them with emotional support and access to education. This study aims to examine Chapter 602 of the Laws of Malta and compare this with UK law to understand whether the law provides sufficient support for foster carers. This research has identified that while Malta has made progress in supporting foster carers through training and legal protections, adopting aspects of the UK’s structured and comprehensive legal framework could enhance this support. Malta prioritises family reunification and stability, but foster carers face certain challenges, such as the need for clearer legal guidance and a more substantial role in decision-making processes. UK law is more structured in contrast to Malta’s Minor Protection (Alternative Care) Act, which has certain legal gaps that could hinder foster carers from providing adequate care. The priority in fostering law should be the children and their best interests, but it is important to ensure that foster carers are also receiving adequate legal support, as this would enable them to provide better care to the children being fostered. Adopting measures from UK law to ensure more support for foster carers will ultimately benefit fostered children by ensuring a more stable and nurturing environment.