Welfare of privately fostered children – CA 1989 s. 67
Local authorities must safeguard welfare of private foster children. They can inspect, require visits, and take steps if unsatisfactory. CA 1989 s. 67.
It shall be the duty of every local authority to satisfy themselves that the welfare of children who are or are proposed to be privately fostered within their area is being or will be satisfactorily safeguarded and promoted and to secure that such advice is given to those concerned with them as appears to the authority to be needed. The Secretary of State may make regulations— requiring every child who is privately fostered within a local authority’s area to be visited by an officer of the authority— in prescribed circumstances; and on specified occasions or within specified periods; and imposing requirements which are to be met by any local authority, or officer of a local authority, in carrying out functions under this section. Regulations under subsection (2)(b) may impose requirements as to the action to be taken by a local authority for the purposes of discharging their duty under subsection (1) where they have received notification of a proposal that a child be privately fostered. Where any person who is authorised by a local authority to visit for the purpose has reasonable cause to believe that— any privately fostered child is being accommodated in premises within the authority’s area; or it is proposed to accommodate any such child in any such premises, he may at any reasonable time inspect those premises and any children there. Any person exercising the power under subsection (3) shall, if so required, produce some duly authenticated document showing his authority to do so. Where a local authority are not satisfied that the welfare of any child who is or is proposed to be privately fostered within their area is being or will be 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 under this Act with respect to the child. The Secretary of State may make regulations requiring a local authority to monitor the way in which the authority discharge their functions under this Part (and the regulations may in particular require the authority to appoint an officer for that purpose).
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 imposes a duty on every local authority to ensure the welfare of children who are privately fostered (or proposed to be) in their area. The local authority must satisfy themselves that the child's welfare is being safeguarded and promoted, and must give advice to those involved as needed.
The Secretary of State can make regulations requiring visits to privately fostered children by local authority officers, and setting requirements for how local authorities carry out these duties. An authorised officer may inspect any premises where a privately fostered child is accommodated, at any reasonable time, on producing their authority document.
If the local authority is not satisfied that the child's welfare is being safeguarded, they must take reasonable steps to have the child cared for by a parent, a person with parental responsibility, or a relative – unless that would not be in the child's best interests. They must also consider whether to exercise other functions under the Act. The Secretary of State may also require local authorities to monitor how they discharge these duties.
When it applies
- A child is living with a family friend for several months while the parents are abroad, and the local authority wants to check on the child's welfare.
- A neighbour looks after a child every day after school for a long period, and the council sends an officer to inspect the home.
- A parent arranges for their child to stay with a relative (not a parent or close relative) and the local authority receives a notification of the proposal.
- A private foster carer is refused a visit by the child's parent, and the authority exercises its power to inspect.
- A local authority finds that a privately fostered child is not being well cared for and decides to take steps to have the child cared for by a parent or relative.
What this section does not say
- Children in registered children's homes (see ss. 63, 64).
- Child minders and day care providers (see ss. 79a–79h).
- Children who are cared for by a parent or close relative – that is not private fostering (definition in s. 66).
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This page reproduces the text of CA 1989 s. 67 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.