Duties of voluntary child care bodies - CA 1989 s. 61
Voluntary organisations accommodating a child must safeguard their welfare, consult them and their parents, and consider their religion, race, and culture.
Where a child is accommodated by or on behalf of a voluntary organisation, it shall be the duty of the organisation— to safeguard and promote his welfare; to make such use of the services and facilities available for children cared for by their own parents as appears to the organisation reasonable in his case; and to advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated. Before making any decision with respect to any such child the organisation shall, so far as is reasonably practicable, ascertain the wishes and feelings of— the child; his parents; any person who is not a parent of his but who has parental responsibility for him; and any other person whose wishes and feelings the organisation consider to be relevant, regarding the matter to be decided. In making any such decision the organisation shall give due consideration— having regard to the child’s age and understanding, to such wishes and feelings of his as they have been able to ascertain; to such other wishes and feelings mentioned in subsection (2) as they have been able to ascertain; and to the child’s religious persuasion, racial origin and cultural and linguistic background.
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
When a charity or voluntary organisation accommodates a child, it holds direct legal duties toward that child. The organisation must protect and promote the child's welfare, give access to community services that children living with their own parents use, and offer advice, support, and friendship when the child leaves their care.
Before making decisions about a child in its care, the organisation is required to ascertain the views and feelings of the child, their parents, anyone else holding parental responsibility, and any other person whose input is relevant.
When reaching a decision, the organisation must give due weight to those wishes according to the child's age and understanding, while also accounting for the child's religious persuasion, racial origin, and cultural and linguistic background.
When it applies
- A charity running a children's home deciding whether to relocate a resident child to another facility.
- A voluntary organisation arranging support and guidance for a young person who is leaving its residential accommodation.
- A voluntary care provider consulting parents and guardians before altering a child's day-to-day care plan.
- A charity ensuring that a child accommodated in its facility has access to local NHS dental and medical services.
What this section does not say
- Duties owed by local authorities directly accommodating children, which are covered under ca1989s.62.
- Rules regarding accommodation provided by voluntary organisations, which are covered under ca1989s.59.
- The registration and regulation of private children's homes, which are covered under ca1989s.63.
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This page reproduces the text of CA 1989 s. 61 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.