Children and Young Persons Act 1969

Section 72(5).

SCHEDULE 7 Sections 1 to 6 and 14 of the [1958 c. 65.] Children Act 1958 as amended

1 Duty of local authorities ensure well-being of foster children.

It shall be the duty of every local authority to satisfy themselves as to the well-being of children within their area who are foster children within the meaning of this Part of this Act and, for that purpose, to secure that, so far as appears to the authority to be appropriate, the children are visited from time to time by officers of the authority and that such advice is given as to the care and maintenance of the children as appears to be needed.

2 Meaning of " foster child ".

(1) In this Part of this Act " foster child " means, subject to the following provisions of this section, a child below the upper limit of the compulsory school age whose care and maintenance are undertaken by a person who is not a relative or guardian of his.

(2) A child is not a foster child within the meaning of this Part of this Act while he is in the care of a local authority or a voluntary organisation or is boarded out by a local health authority or a local education authority (or, in Scotland, an education authority).

(3) A child is not a foster child within the meaning of this Part of this Act while he is in the care of any person—

(a) in premises in which any parent, adult relative or guardian of his is for the time being residing ;

(b) in any voluntary home within the meaning of Part V of the Children and Young Persons Act, 1933, or in any residential establishment within the meaning of the Social Work (Scotland) Act 1968 ;

(c) in any school within the meaning of the Education Acts, 1944 to 1953, or the Education (Scotland) Acts 1939 to 1956 in which he is receiving full-time education ;

(d) in any hospital or in any nursing home registered or exempted from registration under Part VI of the Public Health Act, 1936, Part XI of the Public Health (London) Act, 1936, or the Nursing Homes Registration (Scotland) Act, 1938 ; or

(e) in any home or institution not specified in this section but maintained by a public or local authority.

(3A) A child is not a foster child within the meaning of this Part of this Act at any time while his care and maintenance are undertaken by a person, other than a relative or guardian of his, if at that time—

(a) that person does not intend to, and does not in fact, undertake his care and maintenance for a continuous period of more than six days ; or

(b) that person is not a regular foster parent and does not intend to, and does not in fact, undertake his care and maintenance for a continuous period of more than twenty-seven days;

and for the purposes of this subsection a person is a regular foster parent if, during the period of twelve months immediately preceding the date on which he begins to undertake the care and maintenance of the child in question, he had, otherwise than as a relative or guardian, the care and maintenance of one or more children either for a period of, or periods amounting in the aggregate to, not less than three months or for at least three continuous periods each of which was of more than six days.

(4) A child is not a foster child within the meaning of this Part of this Act while he is in the care of any person in compliance with a supervision order within the meaning of the Children and Young Persons Act 1969 or a probation order or supervision requirement or by virtue of a fit person order or while he is in an approved school or is deemed for the purposes of the Children and Young Persons (Scotland) Act, 1937, to be under the care of the managers of an approved school or while he is liable to be detained or subject to guardianship under the Mental Health Act, 1959, or the Mental Health (Scotland) Act, I960, or is resident in a residential home for mentally disordered persons within the meaning of Part III of the Mental Health Act, 1959, or in a residential home for persons suffering from mental disorder within the meaning of Part III of the Mental Health (Scotland) Act, 1960.

(4A) A child is not a foster child for the purposes of this Part of this Act while he is placed in the care and possession of a person who proposes to adopt him under arrangements made by such a local authority or registered adoption society as is referred to in Part II of the Adoption Act 1958 or while he is a protected child within the meaning of Part IV of that Act.

3 Duty of persons maintaining foster children to notify local authority.

(1) Subject to the following provisions of this section, a person who proposes to maintain as a foster child a child not already in his care shall give written notice thereof to the local authority not less than two weeks and not more than four weeks before he receives the child, unless he receives him in an emergency ; and a person who maintains a foster child whom he received in an emergency or who became a foster child while in his care shall give written notice thereof to the local authority not later than forty-eight hours after he receives the child or, as the case may be, after the child becomes a foster child.

(2) Every such notice shall specify the date on which it is intended that the child should be received or, as the case may be, on which the child was in fact received or became a foster child and the premises in which the child is to be or is being kept and shall be given to the local authority for the area in which those premises are situated.

(2A) A person shall not be required to give notice under subsection (1) of this section in relation to a child if—

(a) he has on a previous occasion given notice under that subsection in respect of that or any other child, specifying the premises at which he proposes to keep the child in question ; and

(b) he has not, at any time since that notice was given, ceased to maintain at least one foster child at those premises and been required by virtue of the following provisions of this section to give notice under subsection (5A) of this section in respect of those premises.

(3) Where a person who is maintaining one or more foster children changes his permanent address or the premises in which the child is, or the children are, kept he shall, not less than two weeks and not more than four weeks before the change or, if the change is made in an emergency, not later than forty-eight hours after the change, give written notice to the said local authority, specifying the new address or premises, and if the new premises are in the area of another local authority, the authority to whom the notice is given shall inform that other local authority and give them such of the particulars mentioned in subsection (7) of this section as are known to them.

(4) If a foster child dies the person who was maintaining him shall, within forty-eight hours thereof, give to the local authority and to the person from whom the child was received notice in writing of the death.

(5) Where a foster child is removed or removes himself from the care of the person maintaining him, that person shall at the request of the local authority give them the name and address, if known, of the person (if any) into whose care the child has been removed.

(5A) Subject to the provisions of the following subsection, where a person who has been maintaining one or more foster children at any premises ceases to maintain foster children at those premises and the circumstances are such that no notice is required to be given under subsection (3) or subsection (4) of this section, that person shall, within forty-eight hours after he ceases to maintain any foster child at those premises, give notice in writing thereof to the local authority.

(5B) A person need not give the notice required by the preceding subsection in consequence of his ceasing to maintain foster children at any premises if, at the time he so ceases, he intends within twenty-seven days again to maintain any of them as a foster child at those premises; but if he subsequently abandons that intention or the said period expires without his having given effect to it he shall give the said notice within forty-eight hours of that event.

(7) A person maintaining or proposing to maintain a foster child shall at the request of the local authority give them the following particulars, so far as known to him, that is to say, the name, sex, and date and place of birth of the child, and the name and address of every person who is a parent or guardian or acts as a guardian of the child or from whom the child has been or is to be received.

4 Power to inspect premises, impose conditions, or prohibit the keeping of foster children.

(1) Any officer of a local authority authorised to visit foster children may, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, inspect any premises in the area of the authority in the whole or any part of which foster children are to be or are being kept.

(1A) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a) that there is reasonable cause to believe that a foster child is being kept in any premises, or in any part thereof ; and

(b) that admission to those premises or that part thereof has been refused to a duly authorised officer of the local authority or that such a refusal is apprehended or that the occupier is temporarily absent,

the justice may by warrant under his hand authorise an officer of the local authority to enter the premises if need be by force, at any reasonable time within forty-eight hours of the issue of the warrant, for the purpose of inspecting the premises.

(2) Where a person is keeping or proposes to keep foster children in premises used (while foster children are kept therein) wholly or partly for that purpose, the local authority may impose on him requirements, to be complied with, after such time as the authority may specify, whenever a foster child is kept in the premises, as to—

(a) the number, age and sex of the foster children who may be kept at any one time in the premises or any part thereof;

(b) the accommodation and equipment to be provided for the children ;

(c) the medical arrangements to be made for protecting the health of the children ;

(d) the giving of particulars of the person for the time being in charge of the children ;

(e) the number, qualifications or experience of the persons employed in looking after the children ;

(f) the keeping of records ;

(g) the fire precautions to be taken in the premises ;

(h) the giving of particulars of any foster child received in the premises and of any change in the number or identity of the foster children kept therein ;

but any such requirement may be limited to a particular class of foster children kept in the premises and any requirement imposed under paragraphs (b) to (h) of this subsection may be limited by the authority so as to apply only when the number of foster children kept in the premises exceeds a specified number.

(3) Where a person proposes to keep a foster child in any premises and the local authority are of the opinion that—

(a) the premises are not suitable premises in which to keep foster children ; or

(b) that person is not a suitable person to have the care and maintenance of foster children ; or

(c) it would be detrimental to that child to be kept by that person in those premises ;

the local authority may impose a prohibition on that person under subsection (3A) of this section.

(3A) A prohibition imposed on any person under this subsection may—

(a) prohibit him from keeping any foster child in premises specifield in the prohibition ; or

(b) prohibit him from keeping any foster child in any premises in the area of the local authority ; or

(c) prohibit him from keeping a particular child specified in the prohibition in premises so specified.

(3B) Where a local authority have imposed a prohibition on any person under subsection (3A) of this section, the local authority may, if they think fit, cancel the prohibition, either of their own motion or on an application made by that person on the ground of a change in the circumstances in which a foster child would be kept by him.

(4) Where a local authority impose a requirement on any person under subsection (2) of this section as respects any premises, they may prohibit him from keeping foster children in the premises after the time specified for compliance with the requirement unless the requirement is complied with.

(5) Any requirement or prohibition imposed under this section shall be imposed by notice in writing addressed to the person on whom it is imposed.

5 Appeal to juvenile court against requirement or prohibition imposed under section four.

(1) Any person aggrieved by any requirement or prohibition imposed under section four of this Act may, within fourteen days from the date on which he is notified of the requirement or prohibition, or, in the case of a prohibition imposed under subsection (3A) of that section, within fourteen days from the refusal by the local authority to accede to an application by him for the cancellation of the prohibition, appeal to a juvenile court, and where the appeal is against such a requirement the requirement shall not have effect while the appeal is pending.

(2) Where the court allows such an appeal it may, instead of cancelling the requirement or prohibition, vary the requirement or allow more time for compliance with it or, where an absolute prohibition has been imposed, substitute for it a prohibition to use the premises after such time as the court may specify unless such specified requirements as the local authority had power to impose under section four of this Act are complied with.

(3) Any notice by which a requirement or prohibition is imposed on any person under section four of this Act shall contain a statement informing him of his right to appeal against the requirement or prohibition and of the time within which he may do so.

(4) Any requirement or prohibition specified or substituted under this section by the court shall be deemed for the purposes of this Part of this Act other than this section to have been imposed by the local authority under section four of this Act.

(5) In the application of this section to Scotland, for references to a juvenile court there shall be substituted references to the sheriff.

6 Disqualification for keeping foster children.

(1) A person shall not maintain a foster child if—

(a) an order has been made against him under this Part of this Act removing a child from his care ;

(b) an order has been made under the Children and Young Persons Act, 1933, the Children and Young Persons Act 1969, or the Children and Young Persons (Scotland) Act, 1937, or a supervision requirement has been made under the Social Work (Scotland) Act 1968 and by virtue of the order or requirement a child was removed from his care ;

(c) he has been convicted of any offence specified in the First Schedule to the said Act of 1933 or the First Schedule to the said Act of 1937 or has been placed on probation or discharged absolutely or conditionally for any such offence ;

(d) his rights and powers with respect to a child have been vested in a local authority under section two of the Children Act, 1948 or under section 16 of the Social Work (Scotland) Act 1968 ;

(e) a local health authority or in Scotland a local authority have made an order under subsection (3) or (4) of section one of the Nurseries and Child-Minders Regulation Act 1948 refusing, or an order under section five of that Act cancelling, the registration of any premises occupied by him or his registration ;

(f) an order has been made under section 43 of the Adoption Act 1958 for the removal of a protected child who was being kept or was about to be received by him,

unless he has disclosed that fact to the local authority and obtained their consent.

(2) Where this section applies to any person, otherwise than by virtue of this subsection, it shall apply also to any other person who lives in the same premises as he does or who lives in premises at which he is employed.

14 Offences.

(1) A person shall be guilty of an offence if—

(a) being required, under any provision of this Part of this Act, to give any notice or information, he fails to give the notice within the time specified in that provision or fails to give the information within a reasonable time, or knowingly makes or causes or procures another person to make any false or misleading statement in the notice or information;

(b) he refuses to allow the visiting of any foster child by a duly authorised officer of a local authority or the inspection, under the power conferred by subsection (1) of section four of this Act, of any premises or wilfully obstructs a person entitled to enter any premises by virtue of a warrant under subsection (1A) of that section ;

(c) he fails to comply with any requirement imposed by a local authority under this Part of this Act or keeps any foster child in any premises in contravention of a prohibition so imposed ;

(d) he maintains a foster child in contravention of section six of this Act; or

(e) he refuses to comply with an order under this Part of this Act for the removal of any child or obstructs any person in the execution of such an order.

(1A) Where section 6 of this Act applies to any person by virtue only of subsection (2) of that section, he shall not be guilty of an offence under paragraph (d) of subsection (1) of this section if he proves that he did not know, and had no reasonable ground for believing, that a person living or employed in the premises in which he lives was a person to whom that section applies.

(2) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding one hundred pounds or both.

(2A) If any person who is required, under any provision of this Part of this Act, to give a notice fails to give the notice within the time specified in that provision, then, notwithstanding anything in section 104 of the Magistrates' Courts Act 1952 (time limit for proceedings) 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.

(3) In England and Wales, a local authority may institute proceedings for an offence under this section.