Children Act 1989

Type Public General Act
Publication 1989-11-16
Last updated 2026-08-27
State In force
Department Statute Law Database
PDF Download
articles Not indexed

An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.

Reform history JSON API
  • (6) It shall be a defence in any proceedings under sub-paragraph (5) to prove that the defendant was residing at the same address as another person who was the child’s parent or had parental responsibility for the child and had reasonable cause to believe that the other person had informed the appropriate authority that both of them were residing at that address.

Visits to or by children: expenses

16
  • (1) This paragraph applies where—
  • (a) a child is being looked after by a local authority; and
  • (b) the conditions mentioned in sub-paragraph (3) are satisfied.
  • (2) The authority may—
  • (a) make payments to—
  • (i) a parent of the child;
  • (ii) any person who is not a parent of his but who has parental responsibility for him; or
  • (iii) any relative, friend or other person connected with him,

in respect of travelling, subsistence or other expenses incurred by that person in visiting the child; or

  • (b) make payments to the child, or to any person on his behalf, in respect of travelling, subsistence or other expenses incurred by or on behalf of the child in his visiting—
  • (i) a parent of his;
  • (ii) any person who is not a parent of his but who has parental responsibility for him; or
  • (iii) any relative, friend or other person connected with him.
  • (3) The conditions are that—
  • (a) it appears to the authority that the visit in question could not otherwise be made without undue financial hardship; and
  • (b) the circumstances warrant the making of the payments.

Appointment of visitor for child who is not being visited

17

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

Power to guarantee apprenticeship deeds etc.

18
  • (1) While a child is being looked after by a local authority, or is a person qualifying for advice and assistance, the authority may undertake any obligation by way of guarantee under any deed of apprenticeship or articles of clerkship which he enters into.
  • (2) Where a local authority have undertaken any such obligation under any deed or articles they may at any time (whether or not they are still looking after the person concerned) undertake the like obligation under any supplemental deed or articles.

Arrangements to assist children to live abroad

19
  • (1) A local authority may only arrange for, or assist in arranging for, any child in their care to live outside England and Wales with the approval of the court.
  • (2) A local authority may, with the approval of every person who has parental responsibility for the child arrange for, or assist in arranging for, any other child looked after by them to live outside England and Wales.
  • (3) The court shall not give its approval under sub-paragraph (1) unless it is satisfied that—
  • (a) living outside England and Wales would be in the child’s best interests;
  • (b) suitable arrangements have been, or will be, made for his reception and welfare in the country in which he will live;
  • (c) the child has consented to living in that country; and
  • (d) every person who has parental responsibility for the child has consented to his living in that country.
  • (4) Where the court is satisfied that the child does not have sufficient understanding to give or withhold his consent, it may disregard sub-paragraph (3)(c) and give its approval if the child is to live in the country concerned with a parent, guardian, special guardian, or other suitable person.
  • (5) Where a person whose consent is required by sub-paragraph (3)(d) fails to give his consent, the court may disregard that provision and give its approval if it is satisfied that that person—
  • (a) cannot be found;
  • (b) is incapable of consenting; or
  • (c) is withholding his consent unreasonably.
  • (6) Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) shall not apply in the case of any child who is to live outside England and Wales with the approval of the court given under this paragraph.
  • (7) Where a court decides to give its approval under this paragraph it may order that its decision is not to have effect during the appeal period.
  • (8) In sub-paragraph (7) “the appeal period” means—
  • (a) where an appeal is made against the decision, the period between the making of the decision and the determination of the appeal; and
  • (b) otherwise, the period during which an appeal may be made against the decision.
  • (9) This paragraph does not apply —
  • (a) to a local authority placing a child in secure accommodation in Scotland under section 25, or
  • (b) to a local authority placing a child for adoption with prospective adopters.

Preparation for ceasing to be looked after

19A

It is the duty of the local authority looking after a child to advise, assist and befriend him with a view to promoting his welfare when they have ceased to look after him.

19B
  • (1) A local authority shall have the following additional functions in relation to an eligible child whom they are looking after.
  • (2) In sub-paragraph (1) “ eligible child ” means, subject to sub-paragraph (3), a child who—
  • (a) is aged sixteen or seventeen; and
  • (b) has been looked after by a local authority or by a local authority in Wales for a prescribed period, or periods amounting in all to a prescribed period, which began after he reached a prescribed age and ended after he reached the age of sixteen.
  • (3) The Secretary of State may prescribe—
  • (a) additional categories of eligible children; and
  • (b) categories of children who are not to be eligible children despite falling within sub-paragraph (2).
  • (4) For each eligible child, the local authority shall carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Act—
  • (a) while they are still looking after him; and
  • (b) after they cease to look after him,

and shall then prepare a pathway plan for him.

  • (5) The local authority shall keep the pathway plan under regular review.
  • (6) Any such review may be carried out at the same time as a review of the child’s case carried out by virtue of section 26.
  • (7) The Secretary of State may by regulations make provision as to assessments for the purposes of sub-paragraph (4).
  • (8) The regulations may in particular provide for the matters set out in section 23B(6).

Preparation for ceasing to be looked after: staying put arrangements

19BA
  • (1) This paragraph applies in relation to an eligible child (within the meaning of paragraph 19B) who has been placed by a local authority ... with a local authority foster parent.
  • (2) When carrying out the assessment of the child's needs in accordance with paragraph 19B(4), the local authority must determine whether it would be appropriate to provide advice, assistance and support under this Act in order to facilitate a staying put arrangement, and with a view to maintaining such an arrangement, after the local authority cease to look after him or her.
  • (3) The local authority must provide advice, assistance and support under this Act in order to facilitate a staying put arrangement if—
  • (a) the local authority determine under sub-paragraph (2) that it would be appropriate to do so, and
  • (b) the eligible child and the local authority foster parent wish to make a staying put arrangement.
  • (4) In this paragraph, “ staying put arrangement ” has the meaning given by section 23CZA.
19C

A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a personal adviser.

Death of children being looked after by local authorities

20
  • (1) If a child who is being looked after by a local authority dies, the authority—
  • (a) shall notify the Secretary of State and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
  • (b) shall, so far as is reasonably practicable, notify the child’s parents and every person who is not a parent of his but who has parental responsibility for him;
  • (c) may, with the consent (so far as it is reasonably practicable to obtain it) of every person who has parental responsibility for the child, arrange for the child’s body to be buried or cremated; and
  • (d) may, if the conditions mentioned in sub-paragraph (2) are satisfied, make payments to any person who has parental responsibility for the child, or any relative, friend or other person connected with the child, in respect of travelling, subsistence or other expenses incurred by that person in attending the child’s funeral.
  • (2) The conditions are that—
  • (a) it appears to the authority that the person concerned could not otherwise attend the child’s funeral without undue financial hardship; and
  • (b) that the circumstances warrant the making of the payments.
  • (3) Sub-paragraph (1) does not authorise cremation where it does not accord with the practice of the child’s religious persuasion.
  • (4) Where a local authority have exercised their power under sub-paragraph (1)(c) with respect to a child who was under sixteen when he died, they may recover from any parent of the child any expenses incurred by them.
  • (5) Any sums so recoverable shall, without prejudice to any other method of recovery, be recoverable summarily as a civil debt.
  • (6) Nothing in this paragraph affects any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person.

Part III — Contributions Towards Maintenance of Children Looked After by Local Authorities in England

Liability to contribute

21
  • (1) Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph (7)) they shall consider whether they should recover contributions towards the child’s maintenance from any person liable to contribute (“a contributor").
  • (2) An authority may only recover contributions from a contributor if they consider it reasonable to do so.
  • (3) The persons liable to contribute are—
  • (a) where the child is under sixteen, each of his parents;
  • (b) where he has reached the age of sixteen, the child himself.
  • (4) A parent is not liable to contribute during any period when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support underPart VII of the Social Security Contributions and Benefits Act 1992, of any element of child tax credit other than the family element, of working tax credit, of an income-based jobseeker's allowance or of an income-related employment and support allowance.
  • (5) A person is not liable to contribute towards the maintenance of a child in the care of a local authority in respect of any period during which the child is living with, under arrangements made by the authority in accordance with section 22C, a parent of his.
  • (6) A contributor is not obliged to make any contribution towards a child’s maintenance except as agreed or determined in accordance with this Part of this Schedule.
  • (7) The cases are where the child is looked after by a local authority under—
  • (a) section 21;
  • (b) an interim care order;
  • (c) section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 260 of the Sentencing Code.

Agreed contributions

22
  • (1) Contributions towards a child’s maintenance may only be recovered if the local authority have served a notice (“a contribution notice") on the contributor specifying—
  • (a) the weekly sum which they consider that he should contribute; and
  • (b) arrangements for payment.
  • (2) The contribution notice must be in writing and dated.
  • (3) Arrangements for payment shall, in particular, include—
  • (a) the date on which liability to contribute begins (which must not be earlier than the date of the notice);
  • (b) the date on which liability under the notice will end (if the child has not before that date ceased to be looked after by the authority); and
  • (c) the date on which the first payment is to be made.
  • (4) The authority may specify in a contribution notice a weekly sum which is a standard contribution determined by them for all children looked after by them.
  • (5) The authority may not specify in a contribution notice a weekly sum greater than that which they consider—
  • (a) they would normally be prepared to pay if they had placed a similar child with local authority foster parents; and
  • (b) it is reasonably practicable for the contributor to pay (having regard to his means).
  • (6) An authority may at any time withdraw a contribution notice (without prejudice to their power to serve another).
  • (7) Where the authority and the contributor agree—
  • (a) the sum which the contributor is to contribute; and
  • (b) arrangements for payment,

(whether as specified in the contribution notice or otherwise) and the contributor notifies the authority in writing that he so agrees, the authority may recover summarily as a civil debt any contribution which is overdue and unpaid.

  • (8) A contributor may, by serving a notice in writing on the authority, withdraw his agreement in relation to any period of liability falling after the date of service of the notice.
  • (9) Sub-paragraph (7) is without prejudice to any other method of recovery.

Contribution orders

23
  • (1) Where a contributor has been served with a contribution notice and has—
  • (a) failed to reach any agreement with the local authority as mentioned in paragraph 22(7) within the period of one month beginning with the day on which the contribution notice was served; or
  • (b) served a notice under paragraph 22(8) withdrawing his agreement,

the authority may apply to the court for an order under this paragraph.

  • (2) On such an application the court may make an order (“a contribution order") requiring the contributor to contribute a weekly sum towards the child’s maintenance in accordance with arrangements for payment specified by the court.
  • (3) A contribution order—
  • (a) shall not specify a weekly sum greater than that specified in the contribution notice; and
  • (b) shall be made with due regard to the contributor’s means.
  • (4) A contribution order shall not—
  • (a) take effect before the date specified in the contribution notice; or
  • (b) have effect while the contributor is not liable to contribute (by virtue of paragraph 21); or
  • (c) remain in force after the child has ceased to be looked after by the authority who obtained the order.
  • (5) An authority may not apply to the court under sub-paragraph (1) in relation to a contribution notice which they have withdrawn.
  • (6) Where—
  • (a) a contribution order is in force;
  • (b) the authority serve another contribution notice; and
  • (c) the contributor and the authority reach an agreement under paragraph 22(7) in respect of that other contribution notice,

the effect of the agreement shall be to discharge the order from the date on which it is agreed that the agreement shall take effect.

  • (7) Where an agreement is reached under sub-paragraph (6) the authority shall notify the court—
  • (a) of the agreement; and
  • (b) of the date on which it took effect.
  • (8) A contribution order may be varied or revoked on the application of the contributor or the authority.
  • (9) In proceedings for the variation of a contribution order, the authority shall specify—
  • (a) the weekly sum which, having regard to paragraph 22, they propose that the contributor should contribute under the order as varied; and
  • (b) the proposed arrangements for payment.
  • (10) Where a contribution order is varied, the order—
  • (a) shall not specify a weekly sum greater than that specified by the authority in the proceedings for variation; and
  • (b) shall be made with due regard to the contributor’s means.
  • (11) An appeal shall lie in accordance with rules of court from any order made under this paragraph.

Enforcement of contribution orders etc.

24
  • (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) Where a contributor has agreed, or has been ordered, to make contributions to a local authority, any other local authority within whose area the contributor is for the time being living may—
  • (a) at the request of the local authority who served the contribution notice; and
  • (b) subject to agreement as to any sum to be deducted in respect of services rendered,

collect from the contributor any contributions due on behalf of the authority who served the notice.

  • (3) In sub-paragraph (2) the reference to any other local authority includes a reference to—
  • (aa) a local authority in Wales;
  • (a) a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968; and
  • (b) a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).
  • (4) The power to collect sums under sub-paragraph (2) includes the power to—
  • (a) receive and give a discharge for any contributions due; and
  • (b) (if necessary) enforce payment of any contributions,

even though those contributions may have fallen due at a time when the contributor was living elsewhere.

  • (5) Any contribution collected under sub-paragraph (2) shall be paid (subject to any agreed deduction) to the local authority who served the contribution notice.
  • (6) In any proceedings under this paragraph, a document which purports to be—
  • (a) a copy of an order made by a court under or by virtue of paragraph 23; and
  • (b) certified as a true copy by the designated officer for the court,

shall be evidence of the order.

  • (7) In any proceedings under this paragraph, a certificate which—
  • (a) purports to be signed by the clerk or some other duly authorised officer of the local authority who obtained the contribution order; and
  • (b) states that any sum due to the authority under the order is overdue and unpaid,

shall be evidence that the sum is overdue and unpaid.

Regulations

25

The Secretary of State may make regulations—

  • (a) as to the considerations which a local authority must take into account in deciding—
  • (i) whether it is reasonable to recover contributions; and
  • (ii) what the arrangements for payment should be;
  • (b) as to the procedures they must follow in reaching agreements with—
  • (i) contributors (under paragraphs 22 and 23); and
  • (ii) any other local authority under paragraph 24(2).

SCHEDULE 3 — Supervision Orders

Part I — General

Meaning of “responsible person"

1

In this Schedule, “the responsible person”, in relation to a supervised child, means—

  • (a) any person who has parental responsibility for the child; and
  • (b) any other person with whom the child is living.

Power of supervisor to give directions to supervised child

2
  • (1) A supervision order may require the supervised child to comply with any directions given from time to time by the supervisor which require him to do all or any of the following things—
  • (a) to live at a place or places specified in the directions for a period or periods so specified;
  • (b) to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;
  • (c) to participate in activities specified in the directions on a day or days so specified.
  • (2) It shall be for the supervisor to decide whether, and to what extent, he exercises his power to give directions and to decide the form of any directions which he gives.
  • (3) Sub-paragraph (1) does not confer on a supervisor power to give directions in respect of any medical or psychiatric examination or treatment (which are matters dealt with in paragraphs 4 and 5).

Imposition of obligations on responsible person

3
  • (1) With the consent of any responsible person, a supervision order may include a requirement—
  • (a) that he take all reasonable steps to ensure that the supervised child complies with any direction given by the supervisor under paragraph 2;
  • (b) that he take all reasonable steps to ensure that the supervised child complies with any requirement included in the order under paragraph 4 or 5;
  • (c) that he comply with any directions given by the supervisor requiring him to attend at a place specified in the directions for the purpose of taking part in activities so specified.
  • (2) A direction given under sub-paragraph (1)(c) may specify the time at which the responsible person is to attend and whether or not the supervised child is required to attend with him.
  • (3) A supervision order may require any person who is a responsible person in relation to the supervised child to keep the supervisor informed of his address, if it differs from the child’s.

Psychiatric and medical examinations

4
  • (1) A supervision order may require the supervised child—
  • (a) to submit to a medical or psychiatric examination; or
  • (b) to submit to any such examination from time to time as directed by the supervisor.
  • (2) Any such examination shall be required to be conducted—
  • (a) by, or under the direction of, such registered medical practitioner as may be specified in the order;
  • (b) at a place specified in the order and at which the supervised child is to attend as a non-resident patient; or
  • (c) at—
  • (i) a health service hospital; or
  • (ii) in the case of a psychiatric examination, a hospital , independent hospital or care home,

at which the supervised child is, or is to attend as, a resident patient.

  • (3) A requirement of a kind mentioned in sub-paragraph (2)(c) shall not be included unless the court is satisfied, on the evidence of a registered medical practitioner, that—
  • (a) the child may be suffering from a physical or mental condition that requires, and may be susceptible to, treatment; and
  • (b) a period as a resident patient is necessary if the examination is to be carried out properly.
  • (4) No court shall include a requirement under this paragraph in a supervision order unless it is satisfied that—
  • (a) where the child has sufficient understanding to make an informed decision, he consents to its inclusion; and
  • (b) satisfactory arrangements have been, or can be, made for the examination.

Psychiatric and medical treatment

5
  • (1) Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of the supervised child—
  • (a) is such as requires, and may be susceptible to, treatment; but
  • (b) is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act,

the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.

  • (2) The treatment specified in accordance with sub-paragraph (1) must be—
  • (a) by, or under the direction of, such registered medical practitioner as may be specified in the order;
  • (b) as a non-resident patient at such a place as may be so specified; or
  • (c) as a resident patient in a hospital , independent hospital or care home.
  • (3) Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner, that the physical condition of the supervised child is such as requires, and may be susceptible to, treatment, the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.
  • (4) The treatment specified in accordance with sub-paragraph (3) must be—
  • (a) by, or under the direction of, such registered medical practitioner as may be specified in the order;
  • (b) as a non-resident patient at such place as may be so specified; or
  • (c) as a resident patient in a health service hospital.
  • (5) No court shall include a requirement under this paragraph in a supervision order unless it is satisfied—
  • (a) where the child has sufficient understanding to make an informed decision, that he consents to its inclusion; and
  • (b) that satisfactory arrangements have been, or can be, made for the treatment.
  • (6) If a medical practitioner by whom or under whose direction a supervised person is being treated in pursuance of a requirement included in a supervision order by virtue of this paragraph is unwilling to continue to treat or direct the treatment of the supervised child or is of the opinion that—
  • (a) the treatment should be continued beyond the period specified in the order;
  • (b) the supervised child needs different treatment;
  • (c) he is not susceptible to treatment; or
  • (d) he does not require further treatment,

the practitioner shall make a report in writing to that effect to the supervisor.

  • (7) On receiving a report under this paragraph the supervisor shall refer it to the court, and on such a reference the court may make an order cancelling or varying the requirement.

Part II — Miscellaneous

Life of supervision order

6
  • (1) Subject to sub-paragraph (2) and section 91, a supervision order shall cease to have effect at the end of the period of one year beginning with the date on which it was made.
  • (2) A supervision order shall also cease to have effect if an event mentioned in section 25(1)(a) or (b) of the Child Abduction and Custody Act 1985 (termination of existing orders) occurs with respect to the child.
  • (3) Where the supervisor applies to the court to extend, or further extend, a supervision order the court may extend the order for such period as it may specify.
  • (4) A supervision order may not be extended so as to run beyond the end of the period of three years beginning with the date on which it was made.

Limited life of directions

7

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

Information to be given to supervisor etc.

8
  • (1) A supervision order may require the supervised child—
  • (a) to keep the supervisor informed of any change in his address; and
  • (b) to allow the supervisor to visit him at the place where he is living.
  • (2) The responsible person in relation to any child with respect to whom a supervision order is made shall—
  • (a) if asked by the supervisor, inform him of the child’s address (if it is known to him); and
  • (b) if he is living with the child, allow the supervisor reasonable contact with the child.

Selection of supervisor

9
  • (1) A supervision order shall not designate a local authority as the supervisor unless—
  • (a) the authority agree; or
  • (b) the supervised child lives or will live within their area.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of supervision order on earlier orders

10

The making of a supervision order with respect to any child brings to an end any earlier care or supervision order which—

  • (a) was made with respect to that child; and
  • (b) would otherwise continue in force.

Local authority functions and expenditure

11
  • (1) The Secretary of State may make regulations with respect to the exercise by a local authority of their functions where a child has been placed under their supervision by a supervision order.
  • (2) Where a supervision order requires compliance with directions given by virtue of this section, any expenditure incurred by the supervisor for the purposes of the directions shall be defrayed by the local authority designated in the order.

Part III — Education supervision orders

Effect of orders

12
  • (1) Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor—
  • (a) to advise, assist and befriend, and give directions to—
  • (i) the supervised child; and
  • (ii) his parents,

in such a way as will, in the opinion of the supervisor, secure that he is properly educated;

  • (b) where any such directions given to—
  • (i) the supervised child; or
  • (ii) a parent of his,

have not been complied with, to consider what further steps to take in the exercise of the supervisor’s powers under this Act.

  • (2) Before giving any directions under sub-paragraph (1) the supervisor shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
  • (a) the child; and
  • (b) his parents,

including, in particular, their wishes as to the place at which the child should be educated.

  • (3) When settling the terms of any such directions, the supervisor shall give due consideration—
  • (a) having regard to the child’s age and understanding, to such wishes and feelings of his as the supervisor has been able to ascertain; and
  • (b) to such wishes and feelings of the child’s parents as he has been able to ascertain.
  • (4) Directions may be given under this paragraph at any time while the education supervision order is in force.
13
  • (1) Where an education supervision order is in force with respect to a child, the duties of the child’s parents under sections 7 and 444 of the Education Act 1996 (duties to secure education of children and to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order.
  • (2) Where an education supervision order is made with respect to a child—
  • (a) any school attendance order—
  • (i) made under section 437 of the Education Act 1996 with respect to the child; and
  • (ii) in force immediately before the making of the education supervision order,

shall cease to have effect; and

  • (b) while the education supervision order remains in force, the following provisions shall not apply with respect to the child—
  • (i) section 437 of that Act (school attendance orders);
  • (ii) section 9 of that Act (pupils to be educated in accordance with wishes of their parents);
  • (iii) sections 411 and 423 of that Act (parental preference and appeals against admission decisions);
  • (c) a youth rehabilitation order made under Chapter 1 of Part 9 of the Sentencing Code with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);
  • (d) any education requirement of a kind mentioned in paragraph (c), which was in force with respect to the child immediately before the making of the education supervision order, shall cease to have effect.

Effect where child also subject to supervision order

14
  • (1) This paragraph applies where an education supervision order and a supervision order, or youth rehabilitation order (within the meaning given by section 173 of the Sentencing Code), are in force at the same time with respect to the same child.
  • (2) Any failure to comply with a direction given by the supervisor under the education supervision order shall be disregarded if it would not have been reasonably practicable to comply with it without failing to comply with a direction or instruction given under the other order.

Duration of orders

15
  • (1) An education supervision order shall have effect for a period of one year, beginning with the date on which it is made.
  • (2) An education supervision order shall not expire if, before it would otherwise have expired, the court has (on the application of the authority in whose favour the order was made) extended the period during which it is in force.
  • (3) Such an application may not be made earlier than three months before the date on which the order would otherwise expire.
  • (4) The period during which an education supervision order is in force may be extended under sub-paragraph (2) on more than one occasion.
  • (5) No one extension may be for a period of more than three years.
  • (6) An education supervision order shall cease to have effect on—
  • (a) the child’s ceasing to be of compulsory school age; or
  • (b) the making of a care order with respect to the child;

and sub-paragraphs (1) to (4) are subject to this sub-paragraph.

Information to be given to supervisor etc.

16
  • (1) An education supervision order may require the child—
  • (a) to keep the supervisor informed of any change in his address; and
  • (b) to allow the supervisor to visit him at the place where he is living.
  • (2) A person who is the parent of a child with respect to whom an education supervision order has been made shall—
  • (a) if asked by the supervisor, inform him of the child’s address (if it is known to him); and
  • (b) if he is living with the child, allow the supervisor reasonable contact with the child.

Discharge of orders

17
  • (1) The court may discharge any education supervision order on the application of—
  • (a) the child concerned;
  • (b) a parent of his; or
  • (c) the local authority designated in the order.
  • (2) On discharging an education supervision order, the court may direct the local authority within whose area the child lives, or will live, to investigate the circumstances of the child.

Offences

18
  • (1) If a parent of a child with respect to whom an education supervision order is in force persistently fails to comply with a direction given under the order he shall be guilty of an offence.
  • (2) It shall be a defence for any person charged with such an offence to prove that—
  • (a) he took all reasonable steps to ensure that the direction was complied with;
  • (b) the direction was unreasonable; or
  • (c) he had complied with—
  • (i) a requirement included in a supervision order made with respect to the child; or
  • (ii) directions given under such a requirement,

and that it was not reasonably practicable to comply both with the direction and with the requirement or directions mentioned in this paragraph.

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

Persistent failure of child to comply with directions

19
  • (1) Where a child with respect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, the local authority designated in the order shall notify the appropriate local authority, if different.
  • (2) Where a local authority have been notified under sub-paragraph (1) they shall investigate the circumstances of the child.
  • (3) In this paragraph “the appropriate local authority” has the same meaning as in section 36.

Miscellaneous

20

The Secretary of State may by regulations make provision modifying, or displacing, the provisions of any enactment about education in relation to any child with respect to whom an education supervision order is in force to such extent as appears to the Secretary of State to be necessary or expedient in consequence of the provision made by this Act with respect to such orders.

Interpretation

21

In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996.).

SCHEDULE 4 — Management and Conduct of Community Homes

Part I — Instruments of Management

Instruments of management for controlled and assisted community homes

1
  • (1) The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any . . . home which is designated as a controlled or assisted community home.
  • (2) Sub-paragraph (3) applies where two or more . . . homes are designated as controlled community homes or as assisted community homes.
  • (3) If—
  • (a) those homes are, or are to be, provided by the same voluntary organisation; and
  • (b) the same local authority is to be represented on the body of managers for those homes,

a single instrument of management may be made by the Secretary of State under this paragraph constituting one body of managers for those homes or for any two or more of them.

  • (4) The number of persons who, in accordance with an instrument of management, constitute the body of managers for a . . . home shall be such number (which must be a multiple of three) as may be specified in the instrument.
  • (5) The instrument shall provide that the local authority specified in the instrument shall appoint—
  • (a) in the case of a . . . home which is designated as a controlled community home, two-thirds of the managers; and
  • (b) in the case of a . . . home which is designated as an assisted community home, one-third of them.
  • (6) An instrument of management shall provide that the foundation managers shall be appointed, in such manner and by such persons as may be specified in the instrument—
  • (a) so as to represent the interests of the voluntary organisation by which the home is, or is to be, provided; and
  • (b) for the purpose of securing that—
  • (i) so far as is practicable, the character of the home . . . will be preserved; and
  • (ii) subject to paragraph 2(3), the terms of any trust deed relating to the home are observed.
  • (7) An instrument of management shall come into force on such date as it may specify.
  • (8) If an instrument of management is in force in relation to a . . . home the home shall be (and be known as) a controlled community home or an assisted community home, according to its designation.
  • (9) In this paragraph—
  • “foundation managers”, in relation to a . . . home, means those of the managers of the home who are not appointed by a local authority in accordance with sub-paragraph (5); and
  • “designated” means designated in accordance with section 53.
2
  • (1) An instrument of management shall contain such provisions as the Secretary of State considers appropriate.
  • (2) Nothing in the instrument of management shall affect the purposes for which the premises comprising the home are held.
  • (3) Without prejudice to the generality of sub-paragraph (1), an instrument of management may contain provisions—
  • (a) specifying the nature and purpose of the home (or each of the homes) to which it relates;
  • (b) requiring a specified number or proportion of the places in that home (or those homes) to be made available to local authorities and to any other body specified in the instrument; and
  • (c) relating to the management of that home (or those homes) and the charging of fees with respect to—
  • (i) children placed there; or
  • (ii) places made available to any local authority or other body.
  • (4) Subject to sub-paragraphs (1) and (2), in the event of any inconsistency between the provisions of any trust deed and an instrument of management, the instrument of management shall prevail over the provisions of the trust deed in so far as they relate to the home concerned.
  • (5) After consultation with the voluntary organisation concerned and with the local authority specified in its instrument of management, the Secretary of State may by order vary or revoke any provisions of the instrument.

Part II — Management of Controlled and Assisted Community Homes

3
  • (1) The management, equipment and maintenance of a controlled community home shall be the responsibility of the local authority specified in its instrument of management.
  • (2) The management, equipment and maintenance of an assisted community home shall be the responsibility of the voluntary organisation by which the home is provided.
  • (3) In this paragraph—
  • “home” means a controlled community home or (as the case may be) assisted community home; and
  • “the managers”, in relation to a home, means the managers constituted by its instrument of management; and
  • “the responsible body”, in relation to a home, means the local authority or (as the case may be) voluntary organisation responsible for its management, equipment and maintenance.
  • (4) The functions of a home’s responsible body shall be exercised through the managers , except in so far as, under section 53(3B), any of the accommodation is to be managed by another person..
  • (5) Anything done, liability incurred or property acquired by a home’s managers shall be done, incurred or acquired by them as agents of the responsible body ; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed.
  • (6) In so far as any matter is reserved for the decision of a home’s responsible body by—
  • (a) sub-paragraph (8);
  • (b) the instrument of management;
  • (c) the service by the body on the managers, or any of them, of a notice reserving any matter,

that matter shall be dealt with by the body and not by the managers.

  • (7) In dealing with any matter so reserved, the responsible body shall have regard to any representations made to the body by the managers.
  • (8) The employment of persons at a home shall be a matter reserved for the decision of the responsible body.
  • (9) Where the instrument of management of a controlled community home so provides, the responsible body may enter into arrangements with the voluntary organisation by which that home is provided whereby, in accordance with such terms as may be agreed between them and the voluntary organisation, persons who are not in the employment of the responsible body shall undertake duties at that home.
  • (10) Subject to sub-paragraph (11)—
  • (a) where the responsible body for an assisted community home proposes to engage any person to work at that home or to terminate without notice the employment of any person at that home, it shall consult the local authority specified in the instrument of management and, if that authority so direct, the responsible body shall not carry out its proposal without their consent; and
  • (b) that local authority may, after consultation with the responsible body, require that body to terminate the employment of any person at that home.
  • (11) Paragraphs (a) and (b) of sub-paragraph (10) shall not apply—
  • (a) in such cases or circumstances as may be specified by notice in writing given by the local authority to the responsible body; and
  • (b) in relation to the employment of any persons or class of persons specified in the home’s instrument of management.
  • (12) The accounting year of the managers of a home shall be such as may be specified by the responsible body.
  • (13) Before such date in each accounting year as may be so specified, the managers of a home shall submit to the responsible body estimates, in such form as the body may require, of expenditure and receipts in respect of the next accounting year.
  • (14) Any expenses incurred by the managers of a home with the approval of the responsible body shall be defrayed by that body.
  • (15) The managers of a home shall keep—
  • (a) proper accounts with respect to the home; and
  • (b) proper records in relation to the accounts.
  • (16) Where an instrument of management relates to more than one home, one set of accounts and records may be kept in respect of all the homes to which it relates.

Part III — Regulations

4
  • (1) The Secretary of State may make regulations—
  • (a) as to the placing of children in community homes;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 — Voluntary Homes and Voluntary Organisations

Part I — Registration of Voluntary Homes

General

1

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

Procedure

2

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

Right to make representations

3

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

Decision of Secretary of State

4

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

Appeals

5

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

Notification of particulars with respect to voluntary homes

6

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

Part II — Regulations as to Voluntary Homes

Regulations as to conduct of voluntary homes

7
  • (1) The appropriate national authority may make regulations—
  • (a) as to the placing of children in voluntary homes;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification

8

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

SCHEDULE 6 — Private Children’s Homes

Part I — Registration

Application for registration

1

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

Conditions imposed on registration

2

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

Annual review of registration

3

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

Cancellation of registration

4

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

Procedure

5

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

Right to make representations

6

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

Decision of local authority

7

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

Appeals

8

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

Prohibition on further applications

9

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

Part II — Regulations

10
  • (1) The Secretary of State may make regulations—
  • (a) as to the placing of children in private children’s homes;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) The regulations may in particular—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (jj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (l) make provision similar to that made by regulations under section 26.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 — Foster Parents: Limits on Number of Foster Children

Interpretation

1

For the purposes of this Schedule, a person fosters a child if—

  • (a) he is a local authority foster parent in relation to the child;
  • (b) he is a foster parent with whom the child has been placed by a voluntary organisation; or
  • (c) he fosters the child privately.

The usual fostering limit

2

Subject to what follows, a person may not foster more than three children (“the usual fostering limit").

Siblings

3

A person may exceed the usual fostering limit if the children concerned are all siblings with respect to each other.

Exemption by local authority

4
  • (1) A person may exceed the usual fostering limit if he is exempted from it by the local authority within whose area he lives.
  • (2) In considering whether to exempt a person, a local authority shall have regard, in particular, to—
  • (a) the number of children whom the person proposes to foster;
  • (b) the arrangements which the person proposes for the care and accommodation of the fostered children;
  • (c) the intended and likely relationship between the person and the fostered children;
  • (d) the period of time for which he proposes to foster the children; and
  • (e) whether the welfare of the fostered children (and of any other children who are or will be living in the accommodation) will be safeguarded and promoted.
  • (3) Where a local authority exempt a person, they shall inform him by notice in writing—
  • (a) that he is so exempted;
  • (b) of the children, described by name, whom he may foster; and
  • (c) of any condition to which the exemption is subject.
  • (4) A local authority may at any time by notice in writing—
  • (a) vary or cancel an exemption; or
  • (b) impose, vary or cancel a condition to which the exemption is subject,

and, in considering whether to do so, they shall have regard in particular to the considerations mentioned in sub-paragraph (2).

  • (5) The Secretary of State may make regulations amplifying or modifying the provisions of this paragraph in order to provide for cases where children need to be placed with foster parents as a matter of urgency.

Effect of exceeding fostering limit

5
  • (A1) This paragraph applies to a person fostering in England.
  • (1) A person shall cease to be treated , for the purposes of this Act and the Care Standards Act 2000 as fostering and shall be treated , for the purposes of this Act and the Care Standards Act 2000 as carrying on a children’s home if—
  • (a) he exceeds the usual fostering limit; or
  • (b) where he is exempted under paragraph 4,—
  • (i) he fosters any child not named in the exemption; and
  • (ii) in so doing, he exceeds the usual fostering limit.
  • (2) Sub-paragraph (1) does not apply if the children concerned are all siblings in respect of each other.
5A
  • (1) This paragraph applies to a person (P) fostering in Wales.
  • (2) Sub-paragraph (3) applies where—
  • (a) P exceeds the usual fostering limit and is not exempted under paragraph 4;
  • (b) P is exempted under paragraph 4 and exceeds the usual fostering limit by fostering a child not named in the exemption.
  • (3) Where this paragraph applies, P is not to be treated as fostering and is to be treated for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016 as providing a care home service.
  • (4) But sub-paragraph (3) does not apply if the children fostered are all siblings in respect of each other.

Complaints etc.

6
  • (1) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them about the discharge of their functions under paragraph 4 by a person exempted or seeking to be exempted under that paragraph.
  • (2) In carrying out any consideration of representations under sub-paragraph (1), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this paragraph.

SCHEDULE 8 — Privately Fostered Children

Exemptions

1

A child is not a privately fostered child while he is being looked after by a local authority.

2
  • (1) A child is not a privately fostered child while he is in the care of any person—
  • (a) in premises in which any—
  • (i) parent of his;
  • (ii) person who is not a parent of his but who has parental responsibility for him; or
  • (iii) person who is a relative of his and who has assumed responsibility for his care,

is for the time being living;

  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) in accommodation provided by or on behalf of any voluntary organisation;
  • (d) in any school in which he is receiving full-time education;
  • (e) in any health service hospital;
  • (f) in any care home or independent hospital
  • (g) in any home or institution not specified in this paragraph but provided, equipped and maintained by the Secretary of State.
  • (2) Sub-paragraph (1)(c) to (g) does not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the paragraph in question.
3

A child is not a privately fostered child while he is in the care of any person in compliance with—

  • (a) a youth rehabilitation order made under Chapter 1 of Part 9 of the Sentencing Code;
  • (b) a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011.
4

A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the Mental Health Act 1983.

5

A child is not a privately fostered child while he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of—

  • (a) section 2 of the Adoption and Children Act 2002;
  • (b) section119 of the Adoption and Children (Scotland) Act 2007; or
  • (c) Article 3 of the Adoption (Northern Ireland) Order 1987

or while he is a child in respect of whom a local authority have functions by virtue of regulations under section 83(6)(b) of the Adoption and Children Act 2002 (which relates to children brought into the United Kingdom for adoption), or corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations to give effect to Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).

Power of local authority to impose requirements

6
  • (1) Where a person is fostering any child privately, or proposes to foster any child privately, the appropriate local authority may impose on him requirements as to—
  • (a) the number, age and sex of the children who may be privately fostered by him;
  • (b) the standard of the accommodation and equipment to be provided for them;
  • (c) the arrangements to be made with respect to their health and safety; and
  • (d) particular arrangements which must be made with respect to the provision of care for them,

and it shall be his duty to comply with any such requirement before the end of such period as the authority may specify unless, in the case of a proposal, the proposal is not carried out.

  • (2) A requirement may be limited to a particular child, or class of child.
  • (3) A requirement (other than one imposed under sub-paragraph (1)(a)) may be limited by the authority so as to apply only when the number of children fostered by the person exceeds a specified number.
  • (4) A requirement 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 requirement;
  • (b) his right under paragraph 8 to appeal against it; and
  • (c) the time within which he may do so.
  • (5) A local authority may at any time vary any requirement, impose any additional requirement or remove any requirement.
  • (6) In this Schedule—
  • (a) “the appropriate local authority” means—
  • (i) the local authority within whose area the child is being fostered; or
  • (ii) in the case of a proposal to foster a child, the local authority within whose area it is proposed that he will be fostered; and
  • (b) “requirement”, in relation to any person, means a requirement imposed on him under this paragraph.

Regulations requiring notification of fostering etc.

7
  • (1) The Secretary of State may by regulations make provision as to—
  • (a) the circumstances in which notification is required to be given in connection with children who are, have been or are proposed to be fostered privately; and
  • (b) the manner and form in which such notification is to be given.
  • (2) The regulations may, in particular—
  • (a) require any person who is, or proposes to be, involved (whether or not directly) in arranging for a child to be fostered privately to notify the appropriate authority;
  • (b) require any person who is—
  • (i) a parent of a child; or
  • (ii) a person who is not a parent of his but who has parental responsibility for a child,

and who knows that it is proposed that the child should be fostered privately, to notify the appropriate authority;

  • (c) require any parent of a privately fostered child, or person who is not a parent of such a child but who has parental responsibility for him, to notify the appropriate authority of any change in his address;
  • (d) require any person who proposes to foster a child privately, to notify the appropriate authority of his proposal;
  • (e) require any person who is fostering a child privately, or proposes to do so, to notify the appropriate authority of—
  • (i) any offence of which he has been convicted;
  • (ii) any disqualification imposed on him under section 68; or
  • (iii) any prohibition imposed on him under section 69;
  • (f) require any person who is fostering a child privately, to notify the appropriate authority of any change in his address;
  • (g) require any person who is fostering a child privately to notify the appropriate authority in writing of any person who begins, or ceases, to be part of his household;
  • (h) require any person who has been fostering a child privately, but has ceased to do so, to notify the appropriate authority (indicating, where the child has died, that that is the reason).
7A

Every local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7.

Appeals

8
  • (1) A person aggrieved by—
  • (a) a requirement imposed under paragraph 6;
  • (b) a refusal of consent under section 68;
  • (c) a prohibition imposed under section 69;
  • (d) a refusal to cancel such a prohibition;
  • (e) a refusal to make an exemption under paragraph 4 of Schedule 7;
  • (f) a condition imposed in such an exemption; or
  • (g) a variation or cancellation of such an exemption,

may appeal to the court.

  • (2) The appeal must be made within fourteen days from the date on which the person appealing is notified of the requirement, refusal, prohibition, condition, variation or cancellation.
  • (3) Where the appeal is against—
  • (a) a requirement imposed under paragraph 6;
  • (b) a condition of an exemption imposed under paragraph 4 of Schedule 7; or
  • (c) a variation or cancellation of such an exemption,

the requirement, condition, variation or cancellation shall not have effect while the appeal is pending.

  • (4) Where it allows an appeal against a requirement or prohibition, the court may, instead of cancelling the requirement or prohibition—
  • (a) vary the requirement, or allow more time for compliance with it; or
  • (b) if an absolute prohibition has been imposed, substitute for it a prohibition on using the premises after such time as the court may specify unless such specified requirements as the local authority had power to impose under paragraph 6 are complied with.
  • (5) Any requirement or prohibition specified or substituted by a court under this paragraph shall be deemed for the purposes of Part IX (other than this paragraph) to have been imposed by the local authority under paragraph 6 or (as the case may be) section 69.
  • (6) Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption, the court may—
  • (a) make an exemption;
  • (b) impose a condition; or
  • (c) vary the exemption.
  • (7) Any exemption made or varied under sub-paragraph (6), or any condition imposed under that sub-paragraph, shall be deemed for the purposes of Schedule 7 (but not for the purposes of this paragraph) to have been made, varied or imposed under that Schedule.
  • (8) Nothing in sub-paragraph (1)(e) to (g) confers any right of appeal on—
  • (a) a person who is, or would be if exempted under Schedule 7, a local authority foster parent; or
  • (b) a person who is, or would be if so exempted, a person with whom a child is placed by a voluntary organisation.

Extension of Part IX to certain school children during holidays

9
  • (1) Where a child under sixteen who is a pupil at a school . . . lives at the school during school holidays for a period of more than two weeks, Part IX shall apply in relation to the child as if—
  • (a) while living at the school, he were a privately fostered child; and
  • (b) paragraphs 2(1)(c) and (d) and 6 were omitted.
  • (2) Sub-paragraph (3) applies to any person who proposes to care for and accommodate one or more children at a school in circumstances in which some or all of them will be treated as private foster children by virtue of this paragraph.
  • (3) That person shall, not less than two weeks before the first of those children is treated as a private foster child by virtue of this paragraph during the holiday in question, give written notice of his proposal to the local authority within whose area the child is ordinarily resident (“the appropriate authority"), stating the estimated number of the children.
  • (4) A local authority may exempt any person from the duty of giving notice under sub-paragraph (3).
  • (5) Any such exemption may be granted for a special period or indefinitely and may be revoked at any time by notice in writing given to the person exempted.
  • (6) Where a child who is treated as a private foster child by virtue of this paragraph dies, the person caring for him at the school shall, not later than 48 hours after the death, give written notice of it—
  • (a) to the appropriate local authority; and
  • (b) where reasonably practicable, to each parent of the child and to every person who is not a parent of his but who has parental responsibility for him.
  • (7) Where a child who is treated as a foster child by virtue of this paragraph ceases for any other reason to be such a child, the person caring for him at the school shall give written notice of the fact to the appropriate local authority.

Prohibition of advertisements relating to fostering

10

No advertisement indicating that a person will undertake, or will arrange for, a child to be privately fostered shall be published, unless it states that person’s name and address.

Avoidance of insurances on lives of privately fostered children

11

A person who fosters a child privately and for reward shall be deemed for the purposes of the Life Assurance Act 1774 to have no interest in the life of the child.

SCHEDULE 9

Applications for registration

1

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

Disqualification from registration

2

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

Exemption of certain schools

3

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

Exemption for other establishments

4

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

Exemption for occasional facilities

5

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

Certificates of registration

6

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

Fees for annual inspection of premises

7
  • (1) Where—
  • (a) a person is registered under section 71, and
  • (b) the local authority concerned make an annual inspection of the premises in question under section 76,

they shall serve on that person a notice informing him that the inspection is to be carried out and requiring him to pay to them such fee as may be prescribed.

  • (2) It shall be a condition of the continued registration of that person under section 71 that the fee is so paid before the expiry of the period of twenty-eight days beginning with the date on which the inspection is carried out.

Co-operation between authorities

8

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

SCHEDULE 9A — Child Minding and Day Care for Young Children in Wales

Exemption of certain schools

1

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

Exemption for other establishments

2

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

2A

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

Exemption for occasional facilities

3

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

Disqualification for registration

4

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

5

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

Provision of day care: unincorporated associations

5A

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

Certificates of registration

6

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

... Fees

7

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

Co-operation between authorities

8

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

SCHEDULE 10 — Amendments of Adoption Legislation

Part I — Amendments of Adoption Act 1976 (c. 36)

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

Part II — Amendments of Adoption (Scotland) Act 1978 (c. 28)

32

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

33

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

34

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

35

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

36

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

37

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

38

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

39

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

40

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

41

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

42

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

43

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

44

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

45

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

46

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

SCHEDULE 11 — Jurisdiction

Part I — General

Commencement of proceedings

1

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

Transfer of proceedings

2

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

Hearings by single justice

3

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

General

4

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

Part II — Consequential Amendments

The Administration of Justice Act 1964 (c. 42)

5

In section 38 of the Administration of Justice Act 1964 (interpretation), the definition of “domestic court", which is spent, shall be omitted.

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

6

In the Domestic Proceedings and Magistrates’ Courts Act 1978—

  • (a) for the words “domestic proceedings", whereverever they occur in section 88(1), there shall be substituted “family proceedings";
  • (b) for the words “domestic court panel", wherever they occur in section 16(5)(b), there shall be substituted “family panel".

The Justices of the Peace Act 1979 (c. 55)

7

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

The Magistrates’ Courts Act 1980 (c. 43)

8

In the Magistrates’ Courts Act 1980—

  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Senior Courts Act 1981 (c. 54)

9

In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the Family Division of the High Court), the following sub-paragraph shall be added at the end—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.