Children Act 1989

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) in any children’s home;

(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 residential care home, nursing home or mental nursing home; or

(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)(b) 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) an order under section 7(7)(b) of the [1969 c. 54.] Children and Young Persons Act 1969; or

(b) a supervision requirement within the meaning of the [1968 c. 49.] Social Work (Scotland) Act 1968.

4 A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the [1983 c. 20.] Mental Health Act 1983.

5 A child is not a privately fostered child while—

(a) 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—

(i) section 1 of the [1976 c. 36.] Adoption Act 1976;

(ii) section 1 of the [1978 c. 28.] Adoption (Scotland) Act 1978; or

(iii) Article 3 of the [S.I. 1987/2203 (N.I. 22).] Adoption (Northern Ireland) Order 1987; or

(b) he is a protected child.