Children Act 1989

66 Privately fostered children. E+W

(1) In this Part—

(a) “a privately fostered child” means a child who is under the age of sixteen and who is cared for, and provided with accommodation [F1 in their own home] by, someone other than—

(i) a parent of his;

(ii) a person who is not a parent of his but who has parental responsibility for him; or

(iii) a relative of his; and

(b) “to foster a child privately” means to look after the child in circumstances in which he is a privately fostered child as defined by this section.

(2) A child is not privately fostered child if the person caring for and accommodating him—

(a) has done so for a period a period of less than 28 days; and

(b) does not intend to do so for any longer period.

(3) Subsection (1) is subject to —

(a) the provisions of section 63; and

(b) the exceptions made by paragraph 1 to 5 of Schedule 8.

(4) In the case of a child who is disabled, subsection (1)(a) shall have effect as if for “sixteen”there were substituted “eighteen”.

[F2 (4A) The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person’s own home.]

(5) Schedule 8 shall have effect for the purposes of supplementing the provision made by this Part.

Textual Amendments

F1 Words in s. 66(1)(a) inserted (1.1.2001 for E. and 28.2.2001 for W.) by 2000 c. 14, s. 116, Sch. 4 para. 14(15)(a); S.I. 2000/2795, art. 2(2)(b), S.I. 2001/139, art. 2(2)(b)

F2 S. 66(4A) inserted (1.1.2001 for E. and 28.2.2001 for W.) by 2000 c. 14, s. 116, Sch. 4 para. 14(15)(b); S.I. 2000/2795, art. 2(2)(b), S.I. 2001/139, art. 2(2)(b)

Commencement Information

I1 S. 66 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)