Children Act 1989

Part VIII E+W Registered Children’s Homes

63 Children not to be cared for and accommodated in unregistered children’s homes. E+W

(1) No child shall be cared for and provided with accommodation in a children’s home unless the home is registered under this Part.

(2) The register may be kept by means of a computer.

(3) For the purposes of this Part, “a children’s home”—

(a) means a home which provides (or usually provides or is intended to provide) care and accommodation wholly or mainly for [F1 children]; but

(b) does not include a home which is exempted by or under any of the following provisions of this section or by regulations made for the purposes of this subsection by the Secretary of State.

(4) A child is not cared for and accommodated in a children’s home when he is cared for and accommodated by—

(a) a parent of his;

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

(c) any relative of his.

(5) A home is not a children’s home for the purposes of this Part if it is—

(a) a community home;

(b) a voluntary home;

(c) a residential care home [F2 (other than a small home)], nursing home or mental nursing home;

(d) a health service hospital;

(e) a home provided, equipped and maintained by the Secretary of State; or

(f) a school (but subject to subsection (6)).

[F3 (6) An independent school is a children’s home at any time if at that time accommodation is provided for children at the school and either—

(a) in each year that fell within the period of two years ending at that time accommodation was provided for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in that year, or

(b) it is intended to provide accommodation for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in any year,

unless the school is approved by the Secretary of State under section 347(1) of the Education Act 1996 (approval of independent schools for children with statements); and in this subsection “year” means a period of twelve months and “proprietor” has the same meaning as in that Act.]

(7) A child shall not be treated as cared for and accommodated in a children’s home when—

(a) any person mentioned in subsection (4)(a) or (b) is living at the home; or

(b) the person caring for him is doing so in his personal capacity and not in the course of carrying out his duties in relation to the home.

(8) In this Act “a registered children’s home” means a children’s home registered under this Part.

(9) In this section “home” includes any institution.

(10) Where any child is at any time cared for and accommodated in a children’s home which is not a registered children’s home, the person carrying on the home shall be—

(a) guilty of an offence; and

(b) liable to a fine not exceeding level 5 on the standard scale,

unless he has a reasonable excuse.

(11) Schedule 6 shall have effect with respect to children’s homes.

(12) Schedule 7 shall have effect for the purpose of setting out the circumstances in which a person may foster more than three children without being treated as carrying on a children’s home.

Textual Amendments

F1 Words in s. 63(3)(a) substituted (15.10.2000 for specified purposes and otherwise 1.1.2001 for E. and 1.2.2001 for specified purposes and otherwise 28.2.2001 for W.) by 2000 c. 14, s. 40; S.I. 2000/2795, art. 2(1)(2)(a); S.I. 2001/139, art. 2(1)(2)(a)

F2 Words in s. 63(5)(c) inserted (1.4.1993) by Registered Homes (Amendment) Act 1991 (c. 20, SIF 113:3), s. 2(6); S.I. 1992/2240, art. 2.

F3 S. 63(6) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 86(2)(with s. 1(4), Sch. 39, paras. 30, 39)

Commencement Information

I1 S. 63 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

64 Welfare of children in children’s homes. E+W

(1) Where a child is accommodated in a children’s home, it shall be the duty of the person carrying on the home to—

(a) safeguard and promote the child’s welfare;

(b) make such use of the services and facilities available for children cared for by their own parents as appears to that person reasonable in the case of the child; and

(c) advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.

(2) Before making any decision with respect to any such child the person carrying on the home shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

(a) the child;

(b) his parents;

(c) any other person who is not a parent of his but who has parental responsibility for him; and

(d) any person whose wishes and feelings the person carrying on the home considers to be relevant,

regarding the matter to be decided.

(3) In making any such decision the person concerned shall give due consideration—

(a) having regard to the child’s age and understanding, to such wishes and feelings of his as he has been able to ascertain;

(b) to such other wishes and feelings mentioned in subsection (2) as he has been able to ascertain; and

(c) to the child’s religious persuasion, racial origin and cultural and linguistic background.

(4) Section 62, except subsection (4), shall apply in relation to any person who is carrying on a children’s home as it applies in relation to any voluntary organisation.

Commencement Information

I2 S. 64 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

65 Persons disqualified from carrying on, or being employed in children’s homes. E+W

(1) A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home unless he has—

(a) disclosed to the responsible authority the fact that he is so disqualified; and

(b) obtained their written consent.

(2) No person shall employ a person who is so disqualified in a children’s home unless he has—

(a) disclosed to the responsible authority the fact that that person is so disqualified; and

(b) obtained their written consent.

(3) Where an authority refuse to give their consent under this section, they shall inform the applicant by a written notice which states—

(a) the reason for the refusal;

(b) the applicant’s right to appeal against the refusal to a Registered Homes Tribunal under paragraph 8 of Schedule 6; and

(c) the time within which he may do so.

(4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(5) Where a person contravenes subsection (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68.

Commencement Information

I3 S. 65 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Valid from 01/04/2002

[F4 65A Appeal against refusal of authority to give consent under section 65. E+W

(1) An appeal against a decision of an appropriate authority under section 65 shall lie to the Tribunal established under section 9 of the M1 Protection of Children Act 1999.

(2) On an appeal the Tribunal may confirm the authority’s decision or direct it to give the consent in question.]

Textual Amendments

F4 S. 65A inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(14); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provision in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

Marginal Citations

M1 1999 c. 14.