Accommodation by voluntary organisations CA 1989 s. 59
Rules on how voluntary organisations accommodate children, regulatory powers of national authorities, and criminal penalties up to a level 4 fine.
Where a voluntary organisation provide accommodation for a child, they shall do so by— placing him (subject to subsection (2 with — a family; a relative of his; or any other suitable person, on such terms as to payment by the organisation and otherwise as the organisation may determine (subject to section 49 of the Children Act 2004) ; maintaining him in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 ; making such other arrangements (subject to subsection (3 as seem appropriate to them. Where under subsection (1)(aa) a voluntary organisation maintains a child in a home provided, equipped and maintained by an appropriate national authority under section 82(5), it shall do so on such terms as that national authority may from time to time determine. The appropriate national authority may make regulations as to the placing of children with foster parents by voluntary organisations ... . The appropriate national authority may make regulations as to the arrangements which may be made under subsection (1)(f) ... . Regulations made in relation to England under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under section 22C by virtue of any of paragraphs 12B, 12E and 12F of Schedule 2. Regulations made in relation to Wales under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 81 or 87 of the Social Services and Well-being (Wales) Act 2014, including provision which may be made under section 87 in accordance with the examples given in sections 89, 92 and 93 of that Act. The appropriate national authority may make regulations requiring any voluntary organisation who are providing accommodation for a child— to review his case; and to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person, in accordance with the provisions of the regulations. Regulations made in relation to England under subsection (4) may, in particular— apply with modifications any provision of section 25A or 25B; make provision which (with any necessary modifications) is similar to any provision which may be made under section 25A, 25B or 26. Regulations made in relation to Wales under subsection (4) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 99, 100 or 102 of the Social Services and Well-being (Wales) Act 2014. Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. In this Part “ appropriate national authority ” means— in relation to England, the Secretary of State; and in relation to Wales, the Welsh Ministers.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets out the ways a voluntary organisation may provide accommodation for a child. When a voluntary body accommodates a child, it must do so by placing the child with a family, a relative, or another suitable person, by maintaining the child in a registered children's home, or by making other appropriate arrangements.
It grants rule-making powers to the appropriate national authority—the Secretary of State in England or the Welsh Ministers in Wales. These regulations govern placement with foster parents, case reviews, and procedures for handling complaints made regarding the child's care.
Breaching regulations made under this section without a reasonable excuse is a criminal offence. Anyone convicted on summary conviction is subject to a fine not exceeding level 4 on the standard scale.
When it applies
- A charity places a child with a relative or foster family on terms determined by the organisation.
- A voluntary organisation maintains a child in a registered children's home under regulatory oversight.
- A voluntary child-care agency establishes a formal complaints procedure required by national regulations.
- An organisation fails without reasonable excuse to review a child's case as prescribed by statutory regulations.
What this section does not say
- General duties of local authorities to accommodate children, which are governed by section 62.
- Rules regarding private foster care placements, which fall under section 66 and section 67.
- Closure or financial adjustment of controlled community homes, governed by sections 56 to 58.
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This page reproduces the text of CA 1989 s. 59 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.