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Children Act 1989

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Children Act 1989, Part VII is up to date with all changes known to be in force on or before 20 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part VIIE+W Voluntary Homes and Voluntary Organisations

59` Provision of accommodation by voluntary organisations.E+W

(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 [F1(subject to section 49 of the Children Act 2004)];

[F2(aa)maintaining him in [F3a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000];]

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

[F4(1A)Where under subsection (1)(aa) a [F5voluntary organisation] maintains a child in a home provided, equipped and maintained by [F6an appropriate national authority] under section 82(5), it shall do so on such terms as [F7that national authority] may from time to time determine.]

(2)The [F8appropriate national authority] may make regulations as to the placing of children with foster parents by voluntary organisations F9... .

(3)The [F10appropriate national authority] may make regulations as to the arrangements which may be made under subsection (1)(f) F11... .

[F12(3A)Regulations [F13made 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.]

[F14(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 [F15appropriate 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.

[F16(5A)Regulations [F17made 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.]

[F18(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.

[F19(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 59(1)(a) inserted (15.1.2005) by Children Act 2004 (c. 34), ss. 49(4), 67(7)(d)

F2S. 59(1)(aa) substituted for s. 59(1)(b)-(e) (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F3Words in s. 59(1)(aa) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(2); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F4S. 59(1A) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F5Words in s. 59(1A) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(3); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F6Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(a)

F7Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(b)

F8Words in s. 59(2) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(3)

F9Words in s. 59(2) repealed (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(4), Sch. 4; S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)

F10Words in s. 59(3) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(4)

F15Words in s. 59(4) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(5)

F16S. 59(5A) substituted for (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(7); S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)

Commencement Information

I1S. 59 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

60[F20Voluntary homes.]E+W

F21(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F20S. 60 sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(9)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F21S. 60(1)(2) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F22S. 60(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(9)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

Commencement Information

I2S. 60 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

61 Duties of voluntary organisations.E+W

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1S. 61: power to apply conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(3)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

C3S. 61(2)(b)-(d)(3)(b): power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E) by 2002 c. 38, ss. 53(3)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

Commencement Information

I3S. 61 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

62 Duties of local authorities.E+W

(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 [F23appropriate 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 [F24section 22 of the Care Standards Act 2000][F25or section 20 of the Health and Social Care Act 2008] (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.

[F26(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 M1 Further and Higher Education Act 1992, [F27a 16 to 19 Academy] or a school.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F23Words in s. 62(3) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 24

F24Words in s. 62(6)(c) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(10)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F26S. 62(10) inserted (1.4.2002 for E. and 1.2.2003 for W.) by 2000 c. 14, ss. 105(5), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F27Words in s. 62(10) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(2); S.I. 2012/924, art. 2

Commencement Information

I4S. 62 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

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