Disqualification from Caring for Children (England) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace, with modifications, the Disqualification for Caring for Children Regulations 1991, for England only. They come into force on 1st April 2002.

Regulation 2 makes provision for the circumstances in which a person is disqualified from fostering a child privately. By virtue of section 68 of the Children Act 1989 such a person may only foster a child privately with the consent of the local authority.

A person will be disqualified if, in particular,

• a care or similar order has been made with respect to his child, or so as to remove a child from his care;

• he has been convicted of an offence specified in the Regulations;

• he has been refused registration, or had any such registration cancelled in respect of a children’s home, day care provision or for childminding; or

• a prohibition has been imposed upon him in respect of private fostering.

By virtue of section 65 of the Children Act 1989, as amended by the Care Standards Act 2000, a person who is disqualified from fostering a child privately is also disqualified from carrying on or being concerned in the management of, or having any financial interest in, a children’s home, and may not be employed in a children’s home, without the consent of the National Care Standards Commission.