Local authority duties on voluntary care CA 1989 s. 62
Local authorities must check voluntary organisations accommodating children. Intentional obstruction of inspections is an offence with a level 3 fine.
Every local authority shall satisfy themselves that any voluntary organisation providing accommodation— within the authority’s area for any child; or outside that area for any child on behalf of the authority, are satisfactorily safeguarding and promoting the welfare of the children so provided with accommodation. Every local authority shall arrange for children who are accommodated within their area by or on behalf of voluntary organisations to be visited, from time to time, in the interests of their welfare. The appropriate national authority may make regulations— requiring every child who is accommodated within a local authority’s area, by or on behalf of a voluntary organisation, to be visited by an officer of the authority— in prescribed circumstances; and on specified occasions or within specified periods; and imposing requirements which must be met by any local authority, or officer of a local authority, carrying out functions under this section. Subsection (2) does not apply in relation to community homes. Where a local authority are not satisfied that the welfare of any child who is accommodated by or on behalf of a voluntary organisation is being satisfactorily safeguarded or promoted they shall— unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by— a parent of his; any person who is not a parent of his but who has parental responsibility for him; or a relative of his; and consider the extent to which (if at all) they should exercise any of their functions with respect to the child. Any person authorised by a local authority may, for the purpose of enabling the authority to discharge their duties under this section— enter, at any reasonable time, and inspect any premises in which children are being accommodated as mentioned in subsection (1) or (2); inspect any children there; require any person to furnish him with such records of a kind required to be kept by regulations made under section 22 of the Care Standards Act 2000 or section 20 of the Health and Social Care Act 2008 , or section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (in whatever form they are held), or allow him to inspect such records, as he may at any time direct. Any person exercising the power conferred by subsection (6) shall, if asked to do so, produce some duly authenticated document showing his authority to do so. Any person authorised to exercise the power to inspect records conferred by subsection (6)— shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and may require— the person by whom or on whose behalf the computer is or has been so used; or any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require. Any person who intentionally obstructs another in the exercise of any power conferred by subsection (6) or (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. This section does not apply in relation to any voluntary organisation which is an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992, a 16 to 19 Academy or a school.
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
Local authorities must ensure that any voluntary organisation providing accommodation for a child within their area, or on their behalf outside it, properly safeguards and promotes the child's welfare. Council officers must visit children placed in voluntary accommodation in their area, though this visiting obligation excludes community homes, schools, 16 to 19 Academies, and further education institutions.
If a local authority determines that a child's welfare is not being properly safeguarded by a voluntary organisation, they must take practical steps to move the child into the care of a parent, a person with parental responsibility, or a relative, unless doing so would conflict with the child's best interests. They must also consider exercising their other statutory child welfare functions.
Authorized council representatives may enter premises, inspect children, and examine care records. They are entitled to access electronic apparatus and computers used to store records and may demand reasonable assistance from staff. Intentionally obstructing an authorized inspector is an offence carrying a fine up to level 3 on the standard scale.
When it applies
- A council inspector visits a voluntary children's home to inspect the premises, speak with children, and review care logs.
- A local authority discovers unsafe conditions at a charity-run children's facility and acts to return a resident child to a parent or relative.
- A manager of a voluntary organization refuses to give an authorized council officer access to computer systems holding care records.
What this section does not say
- Supervision of children placed in community homes, which is exempted under this section and governed under ca1989s.53.
- Regulation of private fostering arrangements, which is dealt with under ca1989s.66 and ca1989s.67.
- Oversight of residential schools, 16 to 19 Academies, or further education institutions, which are expressly exempted from this section.
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This page reproduces the text of CA 1989 s. 62 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.