Children Act 1989

• (b) shall cease to have effect if, while it is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.

• (4) This section has effect without prejudice to the powers of the High Court and family court apart from this section.

• (5) In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A.

Duration of emergency protection orders and other supplemental provisions.

45

• (1) An emergency protection order shall have effect for such period, not exceeding eight days, as may be specified in the order.

• (2) Where—

• (a) the court making an emergency protection order would, but for this subsection, specify a period of eight days as the period for which the order is to have effect; but

• (b) the last of those eight days is a public holiday (that is to say, Christmas Day, Good Friday, a bank holiday or a Sunday),

the court may specify a period which ends at noon on the first later day which is not such a holiday.

• (3) Where an emergency protection order is made on an application under section 46(7), the period of eight days mentioned in subsection (1) shall begin with the first day on which the child was taken into police protection under section 46.

• (4) Any person who—

• (a) has parental responsibility for a child as the result of an emergency protection order; and

• (b) is entitled to apply for a care order with respect to the child,

may apply to the court for the period during which the emergency protection order is to have effect to be extended.

• (5) On an application under subsection (4) the court may extend the period during which the order is to have effect by such period, not exceeding seven days, as it thinks fit, but may do so only if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended.

• (6) An emergency protection order may only be extended once.

• (7) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, a court hearing an application for, or with respect to, an emergency protection order may take account of—

• (a) any statement contained in any report made to the court in the course of, or in connection with, the hearing; or

• (b) any evidence given during the hearing,

which is, in the opinion of the court, relevant to the application.

• (8) Any of the following may apply to the court for an emergency protection order to be discharged—

• (a) the child;

• (b) a parent of his;

• (c) any person who is not a parent of his but who has parental responsibility for him; or

• (d) any person with whom he was living immediately before the making of the order.

• (8A) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an emergency protection order may be varied or discharged by the court in so far as it imposes the exclusion requirement.

• (8B) Where a power of arrest has been attached to an exclusion requirement of an emergency protection order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) No appeal may be made against—

• (a) the making of, or refusal to make, an emergency protection order;

• (b) the extension of, or refusal to extend, the period during which such an order is to have effect;

• (c) the discharge of, or refusal to discharge, such an order; or

• (d) the giving of, or refusal to give, any direction in connection with such an order.

• (11) Subsection (8) does not apply—

• (a) where the person who would otherwise be entitled to apply for the emergency protection order to be discharged—

• (i) was given notice (in accordance with rules of court) of the hearing at which the order was made; and

• (ii) was present at that hearing; or

• (b) to any emergency protection order the effective period of which has been extended under subsection (5).

• (12) A court making an emergency protection order may direct that the applicant may, in exercising any powers which he has by virtue of the order, be accompanied by a registered medical practitioner, registered nurse or registered midwife, if he so chooses.

• (13) The reference in subsection (12) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.

Removal and accommodation of children by police in cases of emergency.

46

• (1) Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—

• (a) remove the child to suitable accommodation and keep him there; or

• (b) take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.

• (2) For the purposes of this Act, a child with respect to whom a constable has exercised his powers under this section is referred to as having been taken into police protection.

• (3) As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall—

• (a) inform the local authority within whose area the child was found of the steps that have been, and are proposed to be, taken with respect to the child under this section and the reasons for taking them;

• (b) give details to the authority within whose area the child is ordinarily resident (“the appropriate authority”) of the place at which the child is being accommodated;

• (c) inform the child (if he appears capable of understanding)—

• (i) of the steps that have been taken with respect to him under this section and of the reasons for taking them; and

• (ii) of the further steps that may be taken with respect to him under this section;

• (d) take such steps as are reasonably practicable to discover the wishes and feelings of the child;

• (e) secure that the case is inquired into by an officer designated for the purposes of this section by the chief officer of the police area concerned; and

• (f) where the child was taken into police protection by being removed to accommodation which is not provided—

• (i) by or on behalf of a local authority; or

• (ii) as a refuge, in compliance with the requirements of section 51,secure that he is moved to accommodation which is so provided.

• (4) As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall take such steps as are reasonably practicable to inform—

• (a) the child’s parents;

• (b) every person who is not a parent of his but who has parental responsibility for him; and

• (c) any other person with whom the child was living immediately before being taken into police protection,

of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this section.

• (5) On completing any inquiry under subsection (3)(e), the officer conducting it shall release the child from police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.

• (6) No child may be kept in police protection for more than 72 hours.

• (7) While a child is being kept in police protection, the designated officer may apply on behalf of the appropriate authority for an emergency protection order to be made under section 44 with respect to the child.

• (8) An application may be made under subsection (7) whether or not the authority know of it or agree to its being made.

• (9) While a child is being kept in police protection—

• (a) neither the constable concerned nor the designated officer shall have parental responsibility for him; but

• (b) the designated officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be so protected).

• (10) Where a child has been taken into police protection, the designated officer shall allow—

• (a) the child’s parents;

• (b) any person who is not a parent of the child but who has parental responsibility for him;

• (c) any person with whom the child was living immediately before he was taken into police protection;

• (d) any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;

• (e) any person who is allowed to have contact with the child by virtue of an order under section 34; and

• (f) any person acting on behalf of any of those persons,

to have such contact (if any) with the child as, in the opinion of the designated officer, is both reasonable and in the child’s best interests.

• (11) Where a child who has been taken into police protection is in accommodation provided by, or on behalf of, the appropriate authority, subsection (10) shall have effect as if it referred to the authority rather than to the designated officer.

Local authority’s duty to investigate.

47

• (1) Where a local authority—

• (a) are informed that a child who lives, or is found, in their area—

• (i) is the subject of an emergency protection order; or

• (ii) is in police protection; ...

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,

the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. ....

• (2) Where a local authority have obtained an emergency protection order with respect to a child, they shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare.

• (3) The enquiries shall, in particular, be directed towards establishing—

• (a) whether the authority should—

• (i) make any application to court under this Act;

• (ii) exercise any of their other powers under this Act;

• (iii) exercise any of their powers under section 11 of the Crime and Disorder Act 1998 (child safety orders); or

• (iv) (where the authority is a local authority in Wales) exercise any of their powers under the Social Services and Well-being (Wales) Act 2014;

with respect to the child;

• (b) whether, in the case of a child—

• (i) with respect to whom an emergency protection order has been made; and

• (ii) who is not in accommodation provided by or on behalf of the authority,

it would be in the child’s best interests (while an emergency protection order remains in force) for him to be in such accommodation; and

• (c) whether, in the case of a child who has been taken into police protection, it would be in the child’s best interests for the authority to ask for an application to be made under section 46(7).

• (4) Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with a view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable—

• (a) to obtain access to him; or

• (b) to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose,

unless they are satisfied that they already have sufficient information with respect to him.

• (5) Where, as a result of any such enquiries, it appears to the authority that there are matters connected with the child’s education which should be investigated, they shall consult the local authority (as defined in section 579(1) of the Education 1996), if different, specified in subsection (5ZA).

• (5ZA) The local authority referred to in subsection (5) is—

• (a) the local authority who —

• (i) maintain any school at which the child is a pupil, or

• (ii) make arrangements for the provision of education for the child otherwise than at school pursuant to section 19 or 19A of the Education Act 1996, or

• (b) in a case where the child is a pupil at a school which is not maintained by a local authority, the local authority in whose area the school is situated.

• (5A) For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

• (a) ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and

• (b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.

• (6) Where, in the course of enquiries made under this section—

• (a) any officer of the local authority concerned; or

• (b) any person authorised by the authority to act on their behalf in connection with those enquiries—

• (i) is refused access to the child concerned; or

• (ii) is denied information as to his whereabouts,

the authority shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child unless they are satisfied that his welfare can be satisfactorily safeguarded without their doing so.

• (7) If, on the conclusion of any enquiries or review made under this section, the authority decide not to apply for an emergency protection order, a child assessment order, a care order or a supervision order they shall—

• (a) consider whether it would be appropriate to review the case at a later date; and

• (b) if they decide that it would be, determine the date on which that review is to begin.

• (8) Where, as a result of complying with this section, a local authority conclude that they should take action to safeguard or promote the child’s welfare they shall take that action (so far as it is both within their power and reasonably practicable for them to do so).

• (9) Where a local authority are conducting enquiries under this section, it shall be the duty of any person mentioned in subsection (11) to assist them with those enquiries (in particular by providing relevant information and advice) if called upon by the authority to do so.

• (10) Subsection (9) does not oblige any person to assist a local authority where doing so would be unreasonable in all the circumstances of the case.

• (11) The persons are—

• (a) any local authority;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any local housing authority;

• (ca) NHS England;

• (d) any integrated care board, Local Health Board, Special Health Authority ... , National Health Service trust or NHS foundation trust; and

• (e) any person authorised by the Secretary of State for the purposes of this section.

• (12) Where a local authority are making enquiries under this section with respect to a child who appears to them to be ordinarily resident within the area of another authority, they shall consult that other authority, who may undertake the necessary enquiries in their place.

Powers to assist in discovery of children who may be in need of emergency protection.

48

• (1) Where it appears to a court making an emergency protection order that adequate information as to the child’s whereabouts—

• (a) is not available to the applicant for the order; but

• (b) is available to another person,

it may include in the order a provision requiring that other person to disclose, if asked to do so by the applicant, any information that he may have as to the child’s whereabouts.

• (2) No person shall be excused from complying with such a requirement on the ground that complying might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.

• (3) An emergency protection order may authorise the applicant to enter premises specified by the order and search for the child with respect to whom the order is made.

• (4) Where the court is satisfied that there is reasonable cause to believe that there may be another child on those premises with respect to whom an emergency protection order ought to be made, it may make an order authorising the applicant to search for that other child on those premises.

• (5) Where—

• (a) an order has been made under subsection (4);

• (b) the child concerned has been found on the premises; and

• (c) the applicant is satisfied that the grounds for making an emergency protection order exist with respect to him,

the order shall have effect as if it were an emergency protection order.

• (6) Where an order has been made under subsection (4), the applicant shall notify the court of its effect.

• (7) A person shall be guilty of an offence if he intentionally obstructs any person exercising the power of entry and search under subsection (3) or (4).

• (8) A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (9) Where, on an application made by any person for a warrant under this section, it appears to the court—

• (a) that a person attempting to exercise powers under an emergency protection order has been prevented from doing so by being refused entry to the premises concerned or access to the child concerned; or

• (b) that any such person is likely to be so prevented from exercising any such powers,

it may issue a warrant authorising any constable to assist the person mentioned in paragraph (a) or (b) in the exercise of those powers using reasonable force if necessary.

• (10) Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—

• (a) that person so desires; and

• (b) the court by whom the warrant is issued does not direct otherwise.

• (11) A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or registered midwife if he so chooses.

• (11A) The reference in subsection (11) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.

• (12) An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.

• (13) Wherever it is reasonably practicable to do so, an order under subsection (4), an application for a warrant under this section and any such warrant shall name the child; and where it does not name him it shall describe him as clearly as possible.

Abduction of children in care etc.

49

• (1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—

• (a) takes a child to whom this section applies away from the responsible person;

• (b) keeps such a child away from the responsible person; or

• (c) induces, assists or incites such a child to run away or stay away from the responsible person.

• (2) This section applies in relation to a child who is—

• (a) in care;

• (b) the subject of an emergency protection order; or

• (c) in police protection,

and in this section “the responsible person” means any person who for the time being has care of him by virtue of the care order, the emergency protection order, or section 46, as the case may be.

• (3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

Recovery of abducted children etc.

50

• (1) Where it appears to the court that there is reason to believe that a child to whom this section applies—

• (a) has been unlawfully taken away or is being unlawfully kept away from the responsible person;

• (b) has run away or is staying away from the responsible person; or

• (c) is missing,

the court may make an order under this section (“a recovery order”).

• (2) This section applies to the same children to whom section 49 applies and in this section “the responsible person” has the same meaning as in section 49.

• (3) A recovery order—

• (a) operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person;

• (b) authorises the removal of the child by any authorised person;

• (c) requires any person who has information as to the child’s whereabouts to disclose that information, if asked to do so, to a constable or an officer of the court;

• (d) authorises a constable to enter any premises specified in the order and search for the child using reasonable force if necessary.

• (4) The court may make a recovery order only on the application of—

• (a) any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or

• (b) where the child is in police protection, the designated officer.

• (5) A recovery order shall name the child and—

• (a) any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or

• (b) where the child is in police protection, the designated officer.

• (6) Premises may only be specified under subsection (3)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.

• (7) In this section—

• “an authorised person” means—

• (a) any person specified by the court;

• (b) any constable;

• (c) any person who is authorised—

• (i) after the recovery order is made; and

• (ii) by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order,

to exercise any power under a recovery order; and

• (8) Where a person is authorised as mentioned in subsection (7)(c)—

• (a) the authorisation shall identify the recovery order; and

• (b) any person claiming to be so authorised shall, if asked to do so, produce some duly authenticated document showing that he is so authorised.

• (9) A person shall be guilty of an offence if he intentionally obstructs an authorised person exercising the power under subsection (3)(b) to remove a child.

• (10) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (11) No person shall be excused from complying with any request made under subsection (3)(c) on the ground that complying with it might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury.

• (12) Where a child is made the subject of a recovery order whilst being looked after by a local authority, any reasonable expenses incurred by an authorised person in giving effect to the order shall be recoverable from the authority.

• (13) A recovery order shall have effect in Scotland as if it had been made by the Court of Session and as if that court had had jurisdiction to make it.

• (14) In this section “the court”, in relation to Northern Ireland, means a magistrates’ court within the meaning of the Magistrates’ Courts (Northern Ireland) Order 1981.

Refuges for children at risk.

51

• (1) Where it is proposed to use a voluntary home or private children’s home to provide a refuge for children who appear to be at risk of harm, the Secretary of State may issue a certificate under this section with respect to that home.

• (2) Where a local authority or voluntary organisation arrange for a foster parent to provide such a refuge, the Secretary of State may issue a certificate under this section with respect to that foster parent.

• (3) In subsection (2) “foster parent” means a person who is, or who from time to time is, a local authority foster parent or a foster parent with whom children are placed by a voluntary organisation.

• (4) The Secretary of State may by regulations—

• (a) make provision as to the manner in which certificates may be issued;

• (b) impose requirements which must be complied with while any certificate is in force; and

• (c) provide for the withdrawal of certificates in prescribed circumstances.

• (5) Where a certificate is in force with respect to a home, none of the provisions mentioned in subsection (7) shall apply in relation to any person providing a refuge for any child in that home.

• (6) Where a certificate is in force with respect to a foster parent, none of those provisions shall apply in relation to the provision by him of a refuge for any child in accordance with arrangements made by the local authority or voluntary organisation.

• (7) The provisions are—

• (a) section 49;

• (b) articles 9, 10 and 11 of the Children’s Hearing (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013, so far as they apply to anything done in England and Wales;

• (c) section 32(3) of the Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention, etc.), so far as it applies in relation to anything done in England and Wales;

• (d) section 2 of the Child Abduction Act 1984.

Rules and regulations.

52

• (1) Without prejudice to section 93 or any other power to make such rules, rules of court may be made with respect to the procedure to be followed in connection with proceedings under this Part.

• (2) The rules may, in particular make provision—

• (a) as to the form in which any application is to be made or direction is to be given;

• (b) prescribing the persons who are to be notified of—

• (i) the making, or extension, of an emergency protection order; or

• (ii) the making of an application under section 45(4) or (8) or 46(7); and

• (c) as to the content of any such notification and the manner in which, and person by whom, it is to be given.

• (3) The Secretary of State may by regulations provide that, where—

• (a) an emergency protection order has been made with respect to a child;

• (b) the applicant for the order was not the local authority within whose area the child is ordinarily resident; and

• (c) that local authority are of the opinion that it would be in the child’s best interests for the applicant’s responsibilities under the order to be transferred to them,

that authority shall (subject to their having complied with any requirements imposed by the regulations) be treated, for the purposes of this Act, as though they and not the original applicant had applied for, and been granted, the order.

• (4) Regulations made under subsection (3) may, in particular, make provision as to—

• (a) the considerations to which the local authority shall have regard in forming an opinion as mentioned in subsection (3)(c); and

• (b) the time at which responsibility under any emergency protection order is to be treated as having been transferred to a local authority.

Part VI — Community Homes

Provision of community homes by local authorities.

53

• (1) Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available—

• (a) for the care and accommodation of children looked after by them; and

• (b) for purposes connected with the welfare of children (whether or not looked after by them),

and may do so jointly with one or more other local authorities.

• (2) In making such arrangements, a local authority shall have regard to the need for ensuring the availability of accommodation—

• (a) of different descriptions; and

• (b) which is suitable for different purposes and the requirements of different descriptions of children.

• (3) A community home may be a home—

• (a) provided, equipped, maintained and (subject to subsection (3A)) managed by a local authority; or

• (b) provided by a voluntary organisation but in respect of which a local authority and the organisation—

• (i) propose that, in accordance with an instrument of management, the equipment, maintenance and (subject to subsection (3B)) management of the home shall be the responsibility of the local authority; or

• (ii) so propose that the management, equipment and maintenance of the home shall be the responsibility of the voluntary organisation.

• (3A) A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children.

• (3B) Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children.

• (4) Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the authority shall designate the home as a controlled community home.

• (5) Where a voluntary organisation are to be responsible for the management of a community home provided by the organisation, the local authority shall designate the home as an assisted community home.

• (6) Schedule 4 shall have effect for the purpose of supplementing the provisions of this Part.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

Determination of disputes relating to controlled and assisted community homes.

55

• (1) Where any dispute relating to a controlled community home arises between the local authority specified in the home’s instrument of management and—

• (a) the voluntary organisation by which the home is provided; or

• (b) any other local authority who have placed, or desire or are required to place, in the home a child who is looked after by them,

the dispute may be referred by either party to the Secretary of State for his determination.

• (2) Where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and any local authority who have placed, or desire to place, in the home a child who is looked after by them, the dispute may be referred by either party to the Secretary of State for his determination.

• (3) Where a dispute is referred to the Secretary of State under this section he may, in order to give effect to his determination of the dispute, give such directions as he thinks fit to the local authority or voluntary organisation concerned.

• (4) This section applies even though the matter in dispute may be one which, under or by virtue of Part II of Schedule 4, is reserved for the decision, or is the responsibility, of—

• (a) the local authority specified in the home’s instrument of management; or

• (b) (as the case may be) the voluntary organisation by which the home is provided.

• (5) Where any trust deed relating to a controlled or assisted community home contains provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, no dispute which is capable of being dealt with in accordance with that provision shall be referred to the Secretary of State under this section.

• (6) In this Part “trust deed”, in relation to a voluntary home, means any instrument (other than an instrument of management) regulating—

• (a) the maintenance, management or conduct of the home; or

• (b) the constitution of a body of managers or trustees of the home.

Discontinuance by voluntary organisation of controlled or assisted community home.

56

• (1) The voluntary organisation by which a controlled or assisted community home is provided shall not cease to provide the home except after giving to the Secretary of State and the local authority specified in the home’s instrument of management not less than two years’ notice in writing of their intention to do so.

• (2) A notice under subsection (1) shall specify the date from which the voluntary organisation intend to cease to provide the home as a community home.

• (3) Where such a notice is given and is not withdrawn before the date specified in it, the home’s instrument of management shall cease to have effect on that date and the home shall then cease to be a controlled or assisted community home.

• (4) Where a notice is given under subsection (1) and the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as its managers until the date specified in the subsection (1) notice, the Secretary of State may by order—

• (a) revoke the home’s instrument of management; and

• (b) require the local authority who were specified in that instrument to conduct the home until—

• (i) the date specified in the subsection (1) notice; or

• (ii) such earlier date (if any) as may be specified for the purposes of this paragraph in the order,

as if it were a community home provided by the local authority.

• (5) Where the Secretary of State imposes a requirement under subsection (4)(b)—

• (a) nothing in the trust deed for the home shall affect the conduct of the home by the local authority;

• (b) the Secretary of State may by order direct that for the purposes of any provision specified in the direction and made by or under any enactment relating to community homes (other than this section) the home shall, until the date or earlier date specified as mentioned in subsection (4)(b), be treated as a controlled or assisted community home;

• (c) except in so far as the Secretary of State so directs, the home shall until that date be treated for the purposes of any such enactment as a community home provided by the local authority; and

• (d) on the date or earlier date specified as mentioned in subsection (4)(b) the home shall cease to be a community home.

Closure by local authority of controlled or assisted community home.

57

• (1) The local authority specified in the instrument of management for a controlled or assisted community home may give—

• (a) the Secretary of State; and

• (b) the voluntary organisation by which the home is provided,

not less than two years’ notice in writing of their intention to withdraw their designation of the home as a controlled or assisted community home.

• (2) A notice under subsection (1) shall specify the date (“the specified date”) on which the designation is to be withdrawn.

• (3) Where—

• (a) a notice is given under subsection (1) in respect of a controlled or assisted community home;

• (b) the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers until the specified date; and

• (c) the managers’ notice is not withdrawn,

the Secretary of State may by order revoke the home’s instrument of management from such date earlier than the specified date as may be specified in the order.

• (4) Before making an order under subsection (3), the Secretary of State shall consult the local authority and the voluntary organisation.

• (5) Where a notice has been given under subsection (1) and is not withdrawn, the home’s instrument of management shall cease to have effect on—

• (a) the specified date; or

• (b) where an earlier date has been specified under subsection (3), that earlier date,

and the home shall then cease to be a community home.

Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.

58

• (1) Where—

• (a) the instrument of management for a controlled or assisted community home is revoked or otherwise ceases to have effect under section . . . , 56(3) or (4)(a) or 57(3) or (5); or

• (b) any premises used for the purposes of such a home are (at any time after 13th January 1987) disposed of, or put to use otherwise than for those purposes,

the proprietor shall become liable to pay compensation (“the appropriate compensation”) in accordance with this section.

• (2) Where the instrument of management in force at the relevant time relates—

• (a) to a controlled community home; or

• (b) to an assisted community home which, at any time before the instrument came into force, was a controlled community home,

the appropriate compensation is a sum equal to that part of the value of any premises which is attributable to expenditure incurred in relation to the premises, while the home was a controlled community home, by the authority who were then the responsible authority.

• (3) Where the instrument of management in force at the relevant time relates—

• (a) to an assisted community home; or

• (b) to a controlled community home which, at any time before the instrument came into force, was an assisted community home,

the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure of money provided by way of grant under section 82, section 65 of the Children and Young Persons Act 1969 or section 82 of the Child Care Act 1980.

• (4) Where the home is, at the relevant time, conducted in premises which formerly were used as an approved school or were an approved probation hostel or home, the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure—

• (a) of sums paid towards the expenses of the managers of an approved school under section 104 of the Children and Young Persons Act 1933; . . .

• (b) of sums paid under section 51(3)(c) of the Powers of Criminal Courts Act 1973 or section 20(1)(c) of the Probation Service Act 1993 in relation to expenditure on approved probation hostels or homes. or

• (c) of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act).

• (5) The appropriate compensation shall be paid—

• (a) in the case of compensation payable under subsection (2), to the authority who were the responsible authority at the relevant time; and

• (b) in any other case, to the Secretary of State.

• (6) In this section—

• “disposal” includes the grant of a tenancy and any other conveyance, assignment, transfer, grant, variation or extinguishment of an interest in or right over land, whether made by instrument or otherwise;

• “premises” means any premises or part of premises (including land) used for the purposes of the home and belonging to the proprietor;

• “the proprietor” means—

• (a) the voluntary organisation by which the home is, at the relevant time, provided; or

• (b) if the premises are not, at the relevant time, vested in that organisation, the persons in whom they are vested;

• “the relevant time” means the time immediately before the liability to pay arises under subsection (1); and

• “the responsible authority” means the local authority specified in the instrument of management in question.

• (7) For the purposes of this section an event of a kind mentioned in subsection (1)(b) shall be taken to have occurred—

• (a) in the case of a disposal, on the date on which the disposal was completed or, in the case of a disposal which is effected by a series of transactions, the date on which the last of those transactions was completed;

• (b) in the case of premises which are put to different use, on the date on which they first begin to be put to their new use.

• (8) The amount of any sum payable under this section shall be determined in accordance with such arrangements—

• (a) as may be agreed between the voluntary organisation by which the home is, at the relevant time, provided and the responsible authority or (as the case may be) the Secretary of State; or

• (b) in default of agreement, as may be determined by the Secretary of State.

• (9) With the agreement of the responsible authority or (as the case may be) the Secretary of State, the liability to pay any sum under this section may be discharged, in whole or in part, by the transfer of any premises.

• (10) This section has effect regardless of—

• (a) anything in any trust deed for a controlled or assisted community home;

• (b) the provisions of any enactment or instrument governing the disposition of the property of a voluntary organisation.

Part VII — Voluntary Homes and Voluntary Organisations

` Provision of accommodation by voluntary organisations.

59

• (1) Where a voluntary organisation provide accommodation for a child, they shall do so by—

• (a) placing him (subject to subsection (2)) with —

• (i) a family;

• (ii) a relative of his; or

• (iii) any other suitable person,

on such terms as to payment by the organisation and otherwise as the organisation may determine (subject to section 49 of the Children Act 2004);

• (aa) maintaining him in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

• (f) making such other arrangements (subject to subsection (3)) as seem appropriate to them.

• (1A) Where under subsection (1)(aa) a voluntary organisation maintains a child in a home provided, equipped and maintained by an appropriate national authority under section 82(5), it shall do so on such terms as that national authority may from time to time determine.

• (2) The appropriate national authority may make regulations as to the placing of children with foster parents by voluntary organisations ... .

• (3) The appropriate national authority may make regulations as to the arrangements which may be made under subsection (1)(f) ... .

• (3A) Regulations made in relation to England under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under section 22C by virtue of any of paragraphs 12B, 12E and 12F of Schedule 2.

• (3B) Regulations made in relation to Wales under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 81 or 87 of the Social Services and Well-being (Wales) Act 2014, including provision which may be made under section 87 in accordance with the examples given in sections 89, 92 and 93 of that Act.

• (4) The appropriate national authority may make regulations requiring any voluntary organisation who are providing accommodation for a child—

• (a) to review his case; and

• (b) to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person,

in accordance with the provisions of the regulations.

• (5A) Regulations made in relation to England under subsection (4) may, in particular—

• (a) apply with modifications any provision of section 25A or 25B;

• (b) make provision which (with any necessary modifications) is similar to any provision which may be made under section 25A, 25B or 26.

• (5B) Regulations made in relation to Wales under subsection (4) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 99, 100 or 102 of the Social Services and Well-being (Wales) Act 2014.

• (6) Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (7) In this Part “appropriate national authority” means—

• (a) in relation to England, the Secretary of State; and

• (b) in relation to Wales, the Welsh Ministers.

Voluntary homes.

60

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In this Act “voluntary home” means a children’s home which is carried on by a voluntary organisation but does not include a community home.

• (4) Schedule 5 shall have effect for the purpose of supplementing the provisions of this Part.

Duties of voluntary organisations.

61

• (1) Where a child is accommodated by or on behalf of a voluntary organisation, it shall be the duty of the organisation—

• (a) to safeguard and promote his welfare;

• (b) to make such use of the services and facilities available for children cared for by their own parents as appears to the organisation reasonable in his case; and

• (c) to advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.

• (2) Before making any decision with respect to any such child the organisation shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

• (a) the child;

• (b) his parents;

• (c) any person who is not a parent of his but who has parental responsibility for him; and

• (d) any other person whose wishes and feelings the organisation consider to be relevant,

regarding the matter to be decided.

• (3) In making any such decision the organisation shall give due consideration—

• (a) having regard to the child’s age and understanding, to such wishes and feelings of his as they have been able to ascertain;

• (b) to such other wishes and feelings mentioned in subsection (2) as they have been able to ascertain; and

• (c) to the child’s religious persuasion, racial origin and cultural and linguistic background.

Duties of local authorities.

62

• (1) Every local authority shall satisfy themselves that any voluntary organisation providing accommodation—

• (a) within the authority’s area for any child; or

• (b) outside that area for any child on behalf of the authority,

are satisfactorily safeguarding and promoting the welfare of the children so provided with accommodation.

• (2) Every local authority shall arrange for children who are accommodated within their area by or on behalf of voluntary organisations to be visited, from time to time, in the interests of their welfare.

• (3) The appropriate national authority may make regulations—

• (a) requiring every child who is accommodated within a local authority’s area, by or on behalf of a voluntary organisation, to be visited by an officer of the authority—

• (i) in prescribed circumstances; and

• (ii) on specified occasions or within specified periods; and

• (b) imposing requirements which must be met by any local authority, or officer of a local authority, carrying out functions under this section.

• (4) Subsection (2) does not apply in relation to community homes.

• (5) Where a local authority are not satisfied that the welfare of any child who is accommodated by or on behalf of a voluntary organisation is being satisfactorily safeguarded or promoted they shall—

• (a) unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by—

• (i) a parent of his;

• (ii) any person who is not a parent of his but who has parental responsibility for him; or

• (iii) a relative of his; and

• (b) consider the extent to which (if at all) they should exercise any of their functions with respect to the child.

• (6) Any person authorised by a local authority may, for the purpose of enabling the authority to discharge their duties under this section—

• (a) enter, at any reasonable time, and inspect any premises in which children are being accommodated as mentioned in subsection (1) or (2);

• (b) inspect any children there;

• (c) require any person to furnish him with such records of a kind required to be kept by regulations made under section 22 of the Care Standards Act 2000 or section 20 of the Health and Social Care Act 2008 , or section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (in whatever form they are held), or allow him to inspect such records, as he may at any time direct.

• (7) Any person exercising the power conferred by subsection (6) shall, if asked to do so, produce some duly authenticated document showing his authority to do so.

• (8) Any person authorised to exercise the power to inspect records conferred by subsection (6)—

• (a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

• (b) may require—

• (i) the person by whom or on whose behalf the computer is or has been so used; or

• (ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require.

• (9) Any person who intentionally obstructs another in the exercise of any power conferred by subsection (6) or (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (10) This section does not apply in relation to any voluntary organisation which is an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992, a 16 to 19 Academy or a school.

Part VIII — Registered Children’s Homes

Private children’s homes etc.

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) Schedule 6 shall have effect with respect to private children’s homes.

• (12) Schedule 7 shall have effect for the purpose of setting out the circumstances in which a person may foster more than three children without being treated—

• (a) for the purposes of this Act and the Care Standards Act 2000, as carrying on a children’s home ; and

• (b) for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016, as providing a care home service within the meaning of Part 1 of that Act.

Welfare of children in children’s homes.

64

• (1) Where a child is accommodated in a private children’s home, it shall be the duty of the person carrying on the home to—

• (a) safeguard and promote the child’s welfare;

• (b) make such use of the services and facilities available for children cared for by their own parents as appears to that person reasonable in the case of the child; and

• (c) advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.

• (2) Before making any decision with respect to any such child the person carrying on the home shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

• (a) the child;

• (b) his parents;

• (c) any other person who is not a parent of his but who has parental responsibility for him; and

• (d) any person whose wishes and feelings the person carrying on the home considers to be relevant,

regarding the matter to be decided.

• (3) In making any such decision the person concerned shall give due consideration—

• (a) having regard to the child’s age and understanding, to such wishes and feelings of his as he has been able to ascertain;

• (b) to such other wishes and feelings mentioned in subsection (2) as he has been able to ascertain; and

• (c) to the child’s religious persuasion, racial origin and cultural and linguistic background.

• (4) Section 62, except subsection (4), shall apply in relation to any person who is carrying on a private children’s home as it applies in relation to any voluntary organisation.

2 Persons disqualified from carrying on, or being employed in children’s homes.

65

• (A1) A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless—

• (a) P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and

• (b) P has obtained the appropriate authority's written consent.

• (A2) A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless—

• (a) E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and

• (b) E has obtained the appropriate authority's written consent.

• (1) A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home in Wales unless he has—

• (a) disclosed to the appropriate authority the fact that he is so disqualified; and

• (b) obtained its written consent.

• (2) No person shall employ a person who is so disqualified in a children’s home in Wales unless he has—

• (a) disclosed to the appropriate authority the fact that that person is so disqualified; and

• (b) obtained its written consent.

• (3) Where the appropriate authority refuses to give its consent under this section, it shall inform the applicant by a written notice which states—

• (a) the reason for the refusal;

• (b) the applicant’s right to appeal under section 65A against the refusal to the First-tier Tribunal

• (c) the time within which he may do so.

• (4) Any person who contravenes subsection (A1), (A2), (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

• (5) Where a person contravenes subsection (A2) or (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68.

• (6) In this section and section 65A “appropriate authority” means—

• (a) in relation to England, the Her Majesty's Chief Inspector of Education, Children's Services and Skills; and

• (b) in relation to Wales, the National Assembly for Wales.

Appeal against refusal of authority to give consent under section 65.

65A

• (1) An appeal against a decision of an appropriate authority under section 65 shall lie to the First-tier Tribunal .

• (2) On an appeal the Tribunal may confirm the authority’s decision or direct it to give the consent in question.

PART IX — PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

Privately fostered children.

66

• (1) In this Part—

• (a) “a privately fostered child” means a child who is under the age of sixteen and who is cared for, and provided with accommodation in their own home by, someone other than—

• (i) a parent of his;

• (ii) a person who is not a parent of his but who has parental responsibility for him; or

• (iii) a relative of his; and

• (b) “to foster a child privately” means to look after the child in circumstances in which he is a privately fostered child as defined by this section.

• (2) A child is not privately fostered child if the person caring for and accommodating him—

• (a) has done so for a period a period of less than 28 days; and

• (b) does not intend to do so for any longer period.

• (3) Subsection (1) is subject to —

• (a) the provisions of section 63; and

• (b) the exceptions made by paragraph 1 to 5 of Schedule 8.

• (4) In the case of a child who is disabled, subsection (1)(a) shall have effect as if for “sixteen”there were substituted “eighteen”.

• (4A) The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person’s own home.

• (5) Schedule 8 shall have effect for the purposes of supplementing the provision made by this Part.

Welfare of privately fostered children.

67

• (1) It shall be the duty of every local authority to satisfy themselves that the welfare of children who are or are proposed to be privately fostered within their area is being or will be satisfactorily safeguarded and promoted and to secure that such advice is given to those concerned with them as appears to the authority to be needed.

• (2) The Secretary of State may make regulations—

• (a) requiring every child who is privately fostered within a local authority’s area to be visited by an officer of the authority—

• (i) in prescribed circumstances; and

• (ii) on specified occasions or within specified periods; and

• (b) imposing requirements which are to be met by any local authority, or officer of a local authority, in carrying out functions under this section.

• (2A) Regulations under subsection (2)(b) may impose requirements as to the action to be taken by a local authority for the purposes of discharging their duty under subsection (1) where they have received notification of a proposal that a child be privately fostered.

• (3) Where any person who is authorised by a local authority to visit for the purpose has reasonable cause to believe that—

• (a) any privately fostered child is being accommodated in premises within the authority’s area; or

• (b) it is proposed to accommodate any such child in any such premises,

he may at any reasonable time inspect those premises and any children there.

• (4) Any person exercising the power under subsection (3) shall, if so required, produce some duly authenticated document showing his authority to do so.

• (5) Where a local authority are not satisfied that the welfare of any child who is or is proposed to be privately fostered within their area is being or will be satisfactorily safeguarded or promoted they shall—

• (a) unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by—

• (i) a parent of his;

• (ii) any person who is not a parent of his but who has

parental responsibility for him; or

• (iii) a relative of his; and

• (b) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

• (6) The Secretary of State may make regulations requiring a local authority to monitor the way in which the authority discharge their functions under this Part (and the regulations may in particular require the authority to appoint an officer for that purpose).

Persons disqualified from being private foster parents.

68

• (1) Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if he is disqualified from doing so by regulations made by the Secretary of State for the purposes of this section.

• (2) The regulations may, in particular, provide for a person to be so disqualified where—

• (a) an order of a kind specified in the regulations has been made at any time with respect to him;

• (b) an order of a kind so specified has been made at any time with respect to any child who has been in his care;

• (c) a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment;

• (d) he has been convicted of any offence of a kind so specified, or. . . discharged absolutely or conditionally for any such offence;

• (e) a prohibition has been imposed on him at any time under section 69 or under any other specified enactment;

• (f) his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment.

• (2A) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d).

• (3) Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if—

• (a) he lives in the same household as a person who is himself prevented from fostering a child by subsection (1); or

• (b) he lives in a household at which any such person is employed.

• (3A) A person shall not foster a child privately if—

• (a) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or

• (b) he lives in the same household as a person who is barred from such activity.

• (4) Where an authority refuse to give their consent under this section, they shall inform the applicant by a written notice which states—

• (a) the reason for the refusal;

• (b) the applicant’s right under paragraph 8 of Schedule 8 to appeal against the refusal; and

• (c) the time within which he may do so.

• (5) In this section—

• “the appropriate authority” means the local authority within whose area it is proposed to foster the child in question; and

• “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.

Power to prohibit private fostering.

69

• (1) This section applies where a person—

• (a) proposes to foster a child privately; or

• (b) is fostering a child privately.

• (2) Where the local authority for the area within which the child is proposed to be, or is being, fostered are of the opinion that—

• (a) he is not a suitable person to foster a child;

• (b) the premises in which the child will be, or is being, accommodated are not suitable; or

• (c) it would be prejudicial to the welfare of the child for him to be, or continue to be accommodated by that person in those premises,

the authority may impose a prohibition on him under subsection (3).

• (3) A prohibition imposed on any person under this subsection may prohibit him from fostering privately—

• (a) any child in any premises within the area of the local authority; or

• (b) any child in premises specified in the prohibition.

• (c) a child identified in the prohibition, in premises specified in the prohibition.

• (4) A local authority who have imposed a prohibition on any person under subsection (3) may, if they think fit, cancel the prohibition—

• (a) of their own motion; or

• (b) on an application made by that person,

if they are satisfied that the prohibition is no longer justified.

• (5) Where a local authority impose a requirement on any person under paragraph 6 of Schedule 8, they may also impose a prohibition on him under subsection (3).

• (6) Any prohibition imposed by virtue of subsection (5) shall not have effect unless—

• (a) the time specified for compliance with the requirement has expired; and

• (b) the requirement has not been compiled with.

• (7) A prohibition imposed under this section shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of—

• (a) the reason for imposing the prohibition;

• (b) his right under paragraph 8 of Schedule 8 to appeal against the prohibition; and

• (c) the time within which he may do so.

Offences.

70

• (1) A person shall be guilty of an offence if—

• (a) being required, under any provision made by or under this Part, to give any notice or information—

• (i) he fails without reasonable excuse to give the notice within the time specified in that provision; or

• (ii) he fails without reasonable excuse to give the information within a reasonable time; or

• (iii) he makes, or causes or procures another person to make, any statement in the notice or information which he knows to be false or misleading in a material particular;

• (b) he refuses to allow a privately fostered child to be visited by a duly authorised officer of a local authority;

• (c) he intentionally obstructs another in the exercise of the power conferred by section 67(3);

• (d) he contravenes section 68;

• (e) he fails without reasonable excuse to comply with any requirement imposed by a local authority under this Part;

• (f) he accommodates a privately fostered child in any premises in contravention of a prohibition imposed by a local authority under this Part;

• (g) he knowingly causes to be published, or publishes, an advertisement which he knows contravenes paragraph 10 of Schedule 8.

• (2) Where a person contravenes section 68(3), he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable ground for believing, that any person to whom section 68(1) applied was living or employed in the premises in question.

• (3) A person guilty of an offence under subsection (1)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (4) A person guilty of an offence under subsection (1)(b), (c) or (g) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) A person guilty of an offence under subsection (1)(d) or (f) shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

• (6) A person guilty of an offence under subsection (1)(e) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (7) If any person who is required, under any provision of this Part, to give a notice fails to give the notice within the time specified in that provision, proceedings for the offence may be brought at any time within six months from the date when evidence of the offence came to the knowledge of the local authority.

• (8) Subsection (7) is not affected by anything in section 127(1) of the Magistrates’ Courts Act 1980 (time limit for proceedings).

Part X — Child Minding and Day Care for Young Children

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71

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79

Part XA — Child Minding and Day Care for Children in . . . Wales

Introductory

Child minders and day care providers.

79A

• (1) This section and section 79B apply for the purposes of this Part.

• (2) “Act as a child minder” means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward; and “child minding” shall be interpreted accordingly.

• (3) A person who—

• (a) is the parent, or a relative, of a child;

• (b) has parental responsibility for a child;

• (c) is a local authority foster parent in relation to a child;

• (d) is a foster parent with whom a child has been placed by a voluntary organisation; or

• (e) fosters a child privately,

does not act as a child minder when looking after that child.

• (4) Where a person—

• (a) looks after a child for the parents (“P1”), or

• (b) in addition to that work, looks after another child for different parents (“P2”),

and the work consists (in a case within paragraph (a)) of looking after the child wholly or mainly in P1’s home or (in a case within paragraph (b)) of looking after the children wholly or mainly in P1’s home or P2’s home or both, the work is not to be treated as child minding.

• (5) In subsection (4), “parent”, in relation to a child, includes—

• (a) a person who is not a parent of the child but who has parental responsibility for the child;

• (b) a person who is a relative of the child.

• (6) “Day care” means care provided at any time for children under the age of eight on premises other than domestic premises.

• (7) This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours.

• (8) In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded.

Other definitions, etc.

79B

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In this Act “the Assembly” means the National Assembly for Wales.

• (3) A person is qualified for registration for child minding if—

• (a) he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight;

• (b) every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight;

• (c) the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

• (d) he is complying with regulations under section 79C and with any conditions imposed under this Part .

• (4) A person is qualified for registration for providing day care on particular premises if—

• (a) he has made adequate arrangements to ensure that—

• (i) every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and

• (ii) every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight;

• (b) the responsible individual—

• (i) is suitable to look after children under the age of eight, or

• (ii) if he is not looking after such children, is suitable to be in regular contact with them;

• (c) the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

• (d) he is complying with regulations under section 79C and with any conditions imposed under this Part .

• (5) For the purposes of subsection (4)(a) a person is not treated as working on the premises in question if—

• (a) none of his work is done in the part of the premises in which children are looked after; or

• (b) he does not work on the premises at times when children are looked after there.

• (5ZA) For the purposes of subsection (4), “the responsible individual” means—

• (a) in a case of one individual working on the premises in the provision of day care, that person;

• (b) in a case of two or more individuals so working, the individual so working who is in charge.

• (5A) Where, for the purposes of determining a person’s qualification for registration under this Part—

• (a) the Assembly requests any person (“A”) to consent to the disclosure to the Assembly by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and

• (b) A does not give his consent (or withdraws it after having given it),

the Assembly may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.

• (6) “Domestic premises” means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle.

• (7) “Regulations” means regulations made by the Assembly.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Schedule 9A (which supplements the provisions of this Part) shall have effect.

Regulations

Regulations etc. governing child minders and day care providers.

79C

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales.

• (3) The regulations under this section may deal with the following matters (among others)—

• (a) the welfare and development of the children concerned;

• (b) suitability to look after, or be in regular contact with, children under the age of eight;

• (c) qualifications and training;

• (d) the maximum number of children who may be looked after and the number of persons required to assist in looking after them;

• (e) the maintenance, safety and suitability of premises and equipment;

• (f) the keeping of records;

• (g) the provision of information.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) If the regulations require any person (other than the Assembly ) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account—

• (a) by the Assembly in the exercise of its functions under this Part, or

• (b) in any proceedings under this Part.

• (7) Regulations may provide—

• (a) that a registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement of the regulations shall be guilty of an offence; and

• (b) that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Registration

Requirement to register.

79D

• (1) No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.

• (2) Where it appears to the Assembly that a person has contravened subsection (1), the Assembly may serve a notice (“an enforcement notice”) on him.

• (3) An enforcement notice shall have effect for a period of one year beginning with the date on which it is served.

• (4) If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse . . . , he shall be guilty of an offence.

• (5) No person shall provide day care on any premises unless he is registered under this Part for providing day care on those premises in Walesby the Assembly .

• (6) If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence.

• (7) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Applications for registration.

79E

• (1) A person who wishes to be registered under this Part shall make an application to the Assembly .

• (2) The application shall—

• (a) give prescribed information about prescribed matters;

• (b) give any other information which the Assembly reasonably requires the applicant to give.

• (c) be accompanied by the prescribed fee.

• (3) Where a person provides, or proposes to provide, day care on different premises, he shall make a separate application in respect of each of them.

• (4) Where the Assembly has sent the applicant notice under section 79L(1) of its intention to refuse an application under this section, the application may not be withdrawn without the consent of the Assembly .

• (5) A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Grant or refusal of registration.

79F

• (1) If, on an application under section 79E by a person for registration for child minding—

• (a) the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for child minding (so far as the conditions of section 79B(3) are applicable); . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Assembly shall grant the application; otherwise, it shall refuse it.

• (2) If, on an application under section 79E by any person for registration for providing day care on any premises—

• (a) the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for providing day care on those premises (so far as the conditions of section 79B(4) are applicable); . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Assembly shall grant the application; otherwise, it shall refuse it.

• (3) An application may, as well as being granted subject to any conditions the Assembly thinks necessary or expedient for the purpose of giving effect to regulations under section 79C, be granted subject to any other conditions the Assembly thinks fit to impose.

• (4) The Assembly may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition.

• (5) Any register kept by the Assembly of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times.

• (6) A registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any condition imposed on his registration shall be guilty of an offence.

• (7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Cancellation of registration.

79G

• (1) the Assembly may cancel the registration of any person if—

• (a) in the case of a person registered for child minding, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for child minding;

• (b) in the case of a person registered for providing day care on any premises, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises,

or if a fee which is due from the person has not been paid.

• (2) Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person . . . , his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—

• (a) the time set for complying with the requirements has not expired; and

• (b) it is shown that the defect or insufficiency is due to the changes or additions not having been made.

• (3) Any cancellation under this section must be in writing.

Suspension of registration.

79H

• (1) Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by the Assembly in prescribed circumstances.

• (2) Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the First-tier Tribunal against suspension.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.

• (5) A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.

• (6) If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Resignation of registration.

79J

• (1) A person who is registered for acting as a child minder or providing day care may by notice in writing to the Assembly resign his registration.

• (2) But a person may not give a notice under subsection (1)—

• (a) if the Assembly has sent him a notice under section 79L(1) of its intention to cancel the registration, unless the Assembly has decided not to take that step; or

• (b) if the Assembly has sent him a notice under section 79L(5) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.

Protection of children in an emergency.

79K

• (1) If, in the case of any person registered under this Part for acting as a child minder or providing day care—

• (a) the Assembly applies to a justice of the peace for an order—

• (i) cancelling the registration;

• (ii) varying or removing any condition to which the registration is subject; or

• (iii) imposing a new condition; and

• (b) it appears to the justice that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm,

the justice may make the order.

• (2) The cancellation, variation, removal or imposition shall have effect from the time when the order is made.

• (3) An application under subsection (1) may be made without notice.

• (4) An order under subsection (1) shall be made in writing.

• (5) Where an order is made under this section, the Assembly shall serve on the registered person, as soon as is reasonably practicable after the making of the order—

• (a) a copy of the order;

• (b) a copy of any written statement of the Assembly’s reasons for making the application for the order which supported that application; and

• (c) notice of any right of appeal conferred by section 79M.

• (6) Where an order has been so made, the Assembly shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order.

Notice of intention to take steps.

79L

• (1) Not less than 14 days before—

• (a) refusing an application for registration;

• (b) cancelling a registration;

• (c) removing or varying any condition to which a registration is subject or imposing a new condition; or

• (d) refusing to grant an application for the removal or variation of any condition to which a registration is subject,

the Assembly shall send to the applicant, or (as the case may be) registered person, notice in writing of its intention to take the step in question.

• (2) Every such notice shall—

• (a) give the Assembly’s reasons for proposing to take the step; and

• (b) inform the person concerned of his rights under this section.

• (3) Where the recipient of such a notice informs the Assembly in writing of his desire to object to the step being taken, the Assembly shall afford him an opportunity to do so.