Welfare duties in private children's homes CA 1989 s. 64
Duty to safeguard and promote welfare of child in private children's home, ascertain wishes of child and parents, give due consideration. Section 62 applied.
Where a child is accommodated in a private children’s home, it shall be the duty of the person carrying on the home to— safeguard and promote the child’s welfare; make such use of the services and facilities available for children cared for by their own parents as appears to that person reasonable in the case of the child; and 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 person carrying on the home shall, so far as is reasonably practicable, ascertain the wishes and feelings of— the child; his parents; any other person who is not a parent of his but who has parental responsibility for him; and any person whose wishes and feelings the person carrying on the home considers to be relevant, regarding the matter to be decided. In making any such decision the person concerned shall give due consideration— having regard to the child’s age and understanding, to such wishes and feelings of his as he has been able to ascertain; to such other wishes and feelings mentioned in subsection (2) as he has been able to ascertain; and to the child’s religious persuasion, racial origin and cultural and linguistic background. Section 62, except subsection (4), shall apply in relation to any person who is carrying on a private children’s home as it applies in relation to any voluntary organisation.
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
The person who runs a private children’s home must safeguard and promote the welfare of any child accommodated there. They must use services and facilities that would be available if the child were living with their own parents, and must advise, assist and befriend the child with a view to promoting their welfare after they leave.
Before making any decision about the child, the person running the home must, so far as reasonably practicable, find out the wishes and feelings of the child, the child’s parents, anyone else with parental responsibility, and any other person whose views they consider relevant. In making the decision, they must give due consideration to those wishes and feelings, having regard to the child’s age and understanding, and also to the child’s religious persuasion, racial origin and cultural and linguistic background.
Section 62 (duties of local authorities) applies to the person running a private children’s home as it applies to a voluntary organisation, but subsection (4) is excluded.
When it applies
- A child in a private children's home wants to change schools; the home must ascertain the child's wishes and consider them.
- A parent objects to a decision about their child's contact with siblings; the home must have sought the parent's wishes and considered them.
- A child is preparing to leave the home; the home must advise, assist and befriend the child to promote their welfare after leaving.
- A child's religious background means they cannot eat certain food; the home must give due consideration to that in decisions about meals.
What this section does not say
- This does not cover children in local authority community homes (see s.53).
- This does not cover children privately fostered (see s.66-67).
- This does not cover child minders or day care providers (see s.79a-79d).
- This does not cover disputes between parents over custody.
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This page reproduces the text of CA 1989 s. 64 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.