The Children (Northern Ireland) Order 1995

Privately fostered children further defined N.I.

107.—(1) A child is not a privately fostered child if the person caring for and accommodating him—

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

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

(2) A child is not a privately fostered child while he is being looked after by an authority.

(3) A child is not a privately fostered child while he is in the care of any person—

(a) in premises in which any—

(i) parent of his;

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

(iii) person who is a relative of his and who has assumed responsibility for his care,

is for the time being living;

Sub‐para.(b) rep. by 2003 NI 9

(c) in accommodation provided by or on behalf of any voluntary organisation;

(d) in any school in which he is receiving full-time education;

(e) in any residential care home;

(f) in any hospital (including a private hospital) or nursing home; or

(g) in any home or institution not specified in[F1 sub-paragraphs (c)] to (f) but provided by the Secretary of State, a government department or a prescribed public body,

but[F1 sub-paragraphs (c)] to (g) do not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the sub-paragraph in question.

(4) A child is not a privately fostered child while he is living with any person in compliance with a probation order which includes a residence requirement.

(5) A child is not a privately fostered child while[F2 he is living with any person in compliance with a juvenile justice centre order.]

(6) A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the Mental Health (Northern Ireland) Order 1986F3 .

(7) A child is not a privately fostered child while—

(a) he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of—

(i) Article 3 of the Adoption Order; or

(ii) section 1 of the Adoption Act 1976F4 ; or

[F5 (iii) section 119(1) of the Adoption and Children (Scotland) Act 2007;]

(b) he is a protected child.

F1 2003 NI 9

F2 1998 NI 9

F3 1986 NI 4

F4 1976 c. 36

F5 Art. 107(7)(a)(iii) substituted (15.7.2011) by Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), arts. 1(2), 2, Sch. 1 para. 17

Modifications etc. (not altering text)

C1 Art. 107(7)(a) modified (6.4.2010) by Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4

C2 Art. 107(7)(a) modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 19