Children Act 1989

Exemptions E+W

1 E+W A child is not a privately fostered child while he is being looked after by a local authority.

Commencement Information

I1 Sch. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

2 (1) 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;

(b) in any children’s home;

(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 health service hospital;

(f) in any residential care home [F1 (other than a small home)], nursing home or mental nursing home; or

(g) in any home or institution not specified in this paragraph but provided, equipped and maintained by the Secretary of State.

(2) Sub-paragraph (1)(b) to (g) does 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 paragraph in question.

Textual Amendments

F1 Words in Sch. 8 para. 2(1)(f) inserted (1.4.1993) by Registered Homes (Amendment) Act 1991 (c. 20, SIF 113:3), s. 2(6); S.I. 1992/2240, art. 2.

Commencement Information

I2 Sch. 8 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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

(a) an order under [F2 section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000]; or

(b) a supervision requirement within the meaning of [F3 Part II of the Children (Scotland) Act 1995].

Textual Amendments

F2 Words in Sch. 8 para. 3(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 132

F3 Words in Sch. 8 para. 3(b) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 48(5)(with ss. 90, 103(1)); S.I. 1996/3201, art. 3(7)

Commencement Information

I3 Sch. 8 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

4 E+W A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the M1 Mental Health Act 1983.

Commencement Information

I4 Sch. 8 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1983 c. 20.

5 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) section 1 of the M2 Adoption Act 1976;

(ii) section 1 of the M3 Adoption (Scotland) Act 1978; or

(iii) Article 3 of the M4 Adoption (Northern Ireland) Order 1987; or

(b) he is a protected child.

Commencement Information

I5 Sch. 8 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M2 1976 c. 36.

M3 1978 c. 28.

M4 S.I. 1987/2203 (N.I. 22).