Power to prohibit private fostering CA 1989 s. 69
Local authority may prohibit private fostering if the person is unsuitable, premises unsuitable, or it would harm child's welfare. CA 1989 s. 69.
This section applies where a person— proposes to foster a child privately; or is fostering a child privately. Where the local authority for the area within which the child is proposed to be, or is being, fostered are of the opinion that— he is not a suitable person to foster a child; the premises in which the child will be, or is being, accommodated are not suitable; or it would be prejudicial to the welfare of the child for him to be, or continue to be accommodated by that person in those premises, the authority may impose a prohibition on him under subsection (3). A prohibition imposed on any person under this subsection may prohibit him from fostering privately— any child in any premises within the area of the local authority; or any child in premises specified in the prohibition. a child identified in the prohibition, in premises specified in the prohibition. A local authority who have imposed a prohibition on any person under subsection (3) may, if they think fit, cancel the prohibition— of their own motion; or on an application made by that person, if they are satisfied that the prohibition is no longer justified. Where a local authority impose a requirement on any person under paragraph 6 of Schedule 8, they may also impose a prohibition on him under subsection (3). Any prohibition imposed by virtue of subsection (5) shall not have effect unless— the time specified for compliance with the requirement has expired; and the requirement has not been compiled with. A prohibition imposed under this section shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of— the reason for imposing the prohibition; his right under paragraph 8 of Schedule 8 to appeal against the prohibition; and the time within which he may do so.
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 gives a local authority the power to stop someone from privately fostering a child. It applies to people who propose to foster or are already fostering a child privately.
The authority can issue a prohibition if they believe the person is not suitable to foster, the premises are not suitable, or it would be harmful to the child's welfare. The prohibition can be general (no private fostering at all) or specific to a particular child or premises.
The authority can cancel the prohibition on their own or if the person applies and they are satisfied it is no longer justified. If the authority has imposed a requirement under paragraph 6 of Schedule 8 and it is not complied with, they may also impose a prohibition. Any prohibition must be given in writing, stating the reasons and informing the person of their right to appeal under Schedule 8 paragraph 8.
When it applies
- A neighbour wants to take in a friend's child for a few months but the local authority thinks the neighbour has a history of neglect.
- A family member is already fostering a child in a house with serious safety hazards, and the authority issues a prohibition.
- A person who was disqualified under section 68 tries to foster, and the authority prohibits them.
- A foster parent fails to comply with a requirement (e.g., to provide information) and the authority subsequently prohibits them.
What this section does not say
- This section does not cover fostering by local authorities or voluntary organisations (those are covered by sections 59, 60, etc.).
- It does not set out the criteria for who is a suitable person (that is in section 68 and regulations).
- It does not create criminal offences for private fostering without prohibition (that is in section 70).
- It does not apply to child minders or day care providers (those are under sections 79a onward).
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This page reproduces the text of CA 1989 s. 69 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.