Persons disqualified from children's homes - CA 1989 s. 65
Disqualified persons cannot work/manage children's homes without disclosure & consent. England: 28-day limit. Wales: no limit. Offence with defence.
A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless— P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and P has obtained the appropriate authority's written consent. A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless— E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and E has obtained the appropriate authority's written consent. A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home in Wales unless he has— disclosed to the appropriate authority the fact that he is so disqualified; and obtained its written consent. No person shall employ a person who is so disqualified in a children’s home in Wales unless he has— disclosed to the appropriate authority the fact that that person is so disqualified; and obtained its written consent. Where the appropriate authority refuses to give its consent under this section, it shall inform the applicant by a written notice which states— the reason for the refusal; the applicant’s right to appeal under section 65A against the refusal to the First-tier Tribunal the time within which he may do so. Any person who contravenes subsection (A1), (A2), (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both. Where a person contravenes subsection (A2) or (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68. In this section and section 65A “ appropriate authority ” means— in relation to England, the Her Majesty's Chief Inspector of Education, Children's Services and Skills ; and in relation to Wales, the National Assembly for Wales.
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
A person disqualified under section 68 from being a private foster parent cannot carry on, manage, or have a financial interest in a children's home in England or Wales, and cannot be employed in one, unless they have disclosed their disqualification to the appropriate authority and obtained written consent.
In England, the disclosure must be made within 28 days of becoming aware of the disqualification. In Wales, no time limit is specified. The appropriate authority is Her Majesty's Chief Inspector of Education, Children's Services and Skills for England, and the National Assembly for Wales for Wales.
Contravention is an offence punishable by up to six months' imprisonment or a fine up to level 5. However, an employer who employs a disqualified person is not guilty if they prove they did not know and had no reasonable grounds to believe that person was disqualified. If consent is refused, the authority must give written reasons and inform the applicant of the right to appeal to the First-tier Tribunal under section 65A.
When it applies
- A person disqualified from private fostering applies for a job at a children's home in England without disclosing their disqualification.
- A manager of a children's home in Wales, who is disqualified, continues to run the home without ever seeking consent from the Welsh Assembly.
- An employer in England hires a new staff member for a children's home, unaware that the staff member is disqualified, and later discovers it; the employer may rely on the statutory defence.
- A disqualified individual buys shares in a company that owns a children's home in England, without disclosing the disqualification to Ofsted.
- A person disqualified from fostering is refused consent by Ofsted and receives a notice of refusal with appeal rights.
What this section does not say
- Private fostering arrangements themselves; these are governed by sections 66 to 69.
- The criteria for disqualification; those are set out in section 68.
- The appeal process against a refusal of consent; that is covered by section 65A.
- Child minders or day care providers; those are dealt with in sections 79A to 79E.
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This page reproduces the text of CA 1989 s. 65 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.