Protection of children in an emergency – CA 1989 s. 79K
Justice may cancel or modify registration without notice if child at significant harm risk. Order in writing, served with reasons. CA 1989 s. 79K.
If, in the case of any person registered under this Part for acting as a child minder or providing day care— the Assembly applies to a justice of the peace for an order— cancelling the registration; varying or removing any condition to which the registration is subject; or imposing a new condition; and it appears to the justice that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm, the justice may make the order. The cancellation, variation, removal or imposition shall have effect from the time when the order is made. An application under subsection (1) may be made without notice. An order under subsection (1) shall be made in writing. Where an order is made under this section, the Assembly shall serve on the registered person, as soon as is reasonably practicable after the making of the order— a copy of the order; a copy of any written statement of the Assembly ’s reasons for making the application for the order which supported that application; and notice of any right of appeal conferred by section 79M. Where an order has been so made, the Assembly shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order.
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 lets a justice of the peace (a magistrate) make an emergency order to cancel or change the registration of a childminder or day-care provider without giving them prior warning. The order can remove conditions, add new ones, or cancel the registration entirely. It only applies if it appears to the justice that a child being looked after by that person is suffering, or is likely to suffer, significant harm.
The order takes effect as soon as it is made and must be in writing. Once made, the Assembly (the Welsh regulatory body) must send the registered person a copy of the order, a written statement of why the application was made, and notice of their right to appeal under section 79M. The local authority in that area must also be told.
This is an urgent power – it does not require a hearing beforehand. The section does not create a criminal offence; it is a regulatory measure to protect children immediately.
When it applies
- A childminder leaves toddlers unsupervised in a garden with a broken fence and a busy road nearby.
- A day-care provider uses electrical equipment with exposed wires that could cause burns or electrocution.
- A registered childminder is accused of shaking a baby, and the local authority believes the child is at further risk.
- A childminder's home has a severe mould problem that could cause respiratory harm to children in their care.
What this section does not say
- This section does not cover private foster carers; that is dealt with under section 69 (power to prohibit private fostering).
- It does not cover routine cancellation of registration without an emergency; that is covered by section 79G (cancellation of registration).
- It does not cover appeals against an order; those are governed by section 79M (appeals).
- It does not create criminal penalties for offences; those are in section 70 (offences).
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This page reproduces the text of CA 1989 s. 79K 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.