PART IX PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN
I1C168 Persons 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, orF1. . . 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.
F22A
A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d).
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.
F33A
A person shall not foster a child privately if—
a
he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or
b
he lives in the same household as a person who is barred from such activity.
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.