Who is disqualified from private fostering - CA 1989 s. 68
CA 1989 s. 68 bans private fostering by disqualified persons without local authority consent. Covers regulations, cohabitants, and those barred under SVGA 2006.
Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if he is disqualified from doing so by regulations made by the Secretary of State for the purposes of this section. The regulations may, in particular, provide for a person to be so disqualified where— an order of a kind specified in the regulations has been made at any time with respect to him; an order of a kind so specified has been made at any time with respect to any child who has been in his care; a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment; he has been convicted of any offence of a kind so specified, or . . . discharged absolutely or conditionally for any such offence; a prohibition has been imposed on him at any time under section 69 or under any other specified enactment; his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment. A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d). Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if— he lives in the same household as a person who is himself prevented from fostering a child by subsection (1); or he lives in a household at which any such person is employed. A person shall not foster a child privately if— he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or he lives in the same household as a person who is barred from such activity. Where an authority refuse to give their consent under this section, they shall inform the applicant by a written notice which states— the reason for the refusal; the applicant’s right under paragraph 8 of Schedule 8 to appeal against the refusal; and the time within which he may do so. In this section— “ the appropriate authority ” means the local authority within whose area it is proposed to foster the child in question; and “ enactment ” means any enactment having effect, at any time, in any part of the United Kingdom.
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 says that certain people are banned from being private foster parents unless they tell the local authority and get written permission. The ban applies to anyone who is disqualified by regulations made by the Secretary of State. Those regulations can disqualify people who have had certain orders made against them or children in their care, who have been convicted of specified offences, or who have had prohibitions imposed under section 69 or other enactments.
The ban also applies to anyone who lives in the same household as a disqualified person, or lives in a household where a disqualified person works. Additionally, anyone who is barred from regulated activity relating to children under the Safeguarding Vulnerable Groups Act 2006 is automatically disqualified, as is anyone living with such a person.
If the local authority refuses to give written consent, they must send a written notice explaining why, telling the person they can appeal under paragraph 8 of Schedule 8, and saying how long they have to appeal.
When it applies
- A person with a previous conviction for child neglect wants to privately foster a friend's child without telling the council.
- A person lives with someone who has been disqualified by regulations due to a previous care order, and they start fostering a child.
- A person who is on the barred list under the Safeguarding Vulnerable Groups Act 2006 tries to foster a child privately.
- A person who has had a prohibition order under section 69 in the past wants to foster but hasn't disclosed it.
- A person who was conditionally discharged for an offence specified in regulations before 1 October 1992 tries to foster.
What this section does not say
- This section does not cover foster parents approved by a local authority or voluntary organisation – those are governed by other provisions.
- It does not cover child minders or day care providers – those are covered by sections 79a onwards.
- It does not set out the procedure for appealing a refusal – that is in Schedule 8 to the Act.
- It does not define 'private foster parent' – that definition is in section 66.
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This page reproduces the text of CA 1989 s. 68 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.