Children and Young Persons Act 1969

55 Imposition of requirements and prohibitions relating to the keeping of foster children

(1) In section 4(2) of the [1958 c. 65.] Children Act 1958 (which empowers a local authority to impose certain requirements on a person who keeps or proposes to keep foster children in premises used wholly or mainly for that purpose) for the word " mainly " there shall be substituted the word " partly ".

(2) After paragraph (f) of the said section 4(2) there shall be inserted the following paragraphs:—

(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.

(3) In the words following the several paragraphs of the said section 4(2), after the word "but" there shall be inserted the words " any such requirement may be limited to a particular class of foster children kept in the premises and " and for the words " (b) to (f) " there shall be substituted the words " (b) to (h) ".

(4) For subsection (3) of section 4 of the Children Act 1958 (which empowers a local authority to prohibit a person from keeping a particular foster child or any foster children at particular premises) there shall be substituted the following subsections:—

(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 specified 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.

(5) In section 5(1) of the [1958 c. 65.] Children Act 1958 (which confers a right of appeal to a juvenile court within fourteen days of the imposition of a requirement or prohibition under section 4 of that Act) after the word " prohibition ", in the second place where it occurs, there shall be inserted the words " 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 ".