Children Act 1989

68Persons disqualified from being private foster parents

(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 has been placed on probation 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.

(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.

(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.