Offences relating to private fostering CA 1989 s. 70
Offences for private fostering failures; penalties up to level 5 fine or 6 months imprisonment; proceedings within 6 months of evidence.
A person shall be guilty of an offence if— being required, under any provision made by or under this Part, to give any notice or information— he fails without reasonable excuse to give the notice within the time specified in that provision; or he fails without reasonable excuse to give the information within a reasonable time; or he makes, or causes or procures another person to make, any statement in the notice or information which he knows to be false or misleading in a material particular; he refuses to allow a privately fostered child to be visited by a duly authorised officer of a local authority; he intentionally obstructs another in the exercise of the power conferred by section 67(3); he contravenes section 68; he fails without reasonable excuse to comply with any requirement imposed by a local authority under this Part; he accommodates a privately fostered child in any premises in contravention of a prohibition imposed by a local authority under this Part; he knowingly causes to be published, or publishes, an advertisement which he knows contravenes paragraph 10 of Schedule 8. Where a person contravenes section 68(3), he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable ground for believing, that any person to whom section 68(1) applied was living or employed in the premises in question. A person guilty of an offence under subsection (1)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. A person guilty of an offence under subsection (1)(b), (c) or (g) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. A person guilty of an offence under subsection (1)(d) or (f) shall be 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. A person guilty of an offence under subsection (1)(e) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. If any person who is required, under any provision of this Part, to give a notice fails to give the notice within the time specified in that provision, proceedings for the offence may be brought at any time within six months from the date when evidence of the offence came to the knowledge of the local authority. Subsection (7) is not affected by anything in section 127(1) of the Magistrates’ Courts Act 1980 (time limit for proceedings).
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
Section 70 of the Children Act 1989 creates a range of criminal offences relating to private fostering arrangements. It covers failures to give required notices or information, making false statements, refusing to allow a local authority officer to visit a privately fostered child, intentionally obstructing the exercise of a power under section 67(3), contravening section 68 (which disqualifies certain persons from being private foster parents), failing to comply with a local authority requirement, accommodating a child in premises prohibited by the local authority, and publishing a prohibited advertisement under paragraph 10 of Schedule 8.
The penalties vary depending on the offence. For example, failing to give notice within the specified time (subsection (1)(a)) carries a fine up to level 5 on the standard scale. Other offences, such as making false statements or failing to give information, are punishable by a fine up to level 3. Refusing a visit or contravening section 68 can lead to imprisonment for up to six months, a fine up to level 5, or both. Intentionally obstructing the exercise of a power under section 67(3) is punishable by a fine up to level 4.
There is a special time limit for prosecutions when a person fails to give a required notice: proceedings may be brought within six months from the date when evidence of the offence came to the local authority's knowledge, overriding the usual six-month limit in the Magistrates' Courts Act 1980.
When it applies
- A private foster parent fails to notify the local authority of a change of address within the required time.
- A person knowingly makes a false statement in a notification about a privately fostered child.
- A local authority officer is refused entry to a home to visit a privately fostered child.
- A person who is disqualified from being a private foster parent under section 68 continues to act as one.
- A person publishes an advertisement offering to privately foster a child that contravenes paragraph 10 of Schedule 8.
What this section does not say
- This section does not cover offences related to child minding or day care providers (those are under sections 79a to 79m).
- It does not cover the welfare of children in children's homes (section 64).
- It does not cover the disqualification of persons from carrying on or being employed in children's homes (section 65).
- It does not cover the appeal process for refusal of consent under section 65 (section 65a).
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This page reproduces the text of CA 1989 s. 70 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.