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Children Act 1989

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69 Power to prohibit private fostering.E+W

(1)This section applies where a person—

(a)proposes to foster a child privately; or

(b)is fostering a child privately.

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

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

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

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

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

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

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

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

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

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

(a)of their own motion; or

(b)on an application made by that person,

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

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

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

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

(b)the requirement has not been compiled with.

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

(a)the reason for imposing the prohibition;

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

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

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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. 69: power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47

Commencement Information

I1S. 69 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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