Part I Introductory
Preliminary
I11F6Children's homes in England.
1
Subsections (2) to (6) have effect for the purposes of this Act F2as it applies in relation to England.
2
An establishment F3in England is a children’s home (subject to the following provisions of this section) if it provides care and accommodation wholly or mainly for children.
3
An establishment is not a children’s home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.
F44
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F14A
An establishment F5... is not a children's home if it is—
a
a hospital (within the meaning of the National Health Service Act 2006); or
b
a residential family centre,
or if it is of a description excepted by regulations.
5
Subject to subsection (6), an establishment is not a children’s home if it is a school.
C16
A school is a children’s home at any time if at that time accommodation is provided for children at the school and either—
a
in each year that fell within the period of two years ending at that time, accommodation was provided for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days; or
b
it is intended to provide accommodation for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days in any year;
and in this subsection “year” means a period of twelve months.
But accommodation shall not for the purposes of paragraph (a) be regarded as provided to children for a number of days unless there is at least one child to whom it is provided for that number of days; and paragraph (b) shall be construed accordingly.
7
For the purposes of this section a person is a foster parent in relation to a child if—
a
he is a local authority foster parent in relation to the child;
b
he is a foster parent with whom a child has been placed by a voluntary organisation under section 59(1)(a) of the 1989 Act; or
c
he fosters the child privately.