Children Act 1989

59 Provision of accommodation by voluntary organisations. E+W

(1) Where a voluntary organisation provide accommodation for a child, they shall do so by—

(a) placing him (subject to subsection (2)) with —

(i) a family;

(ii) a relative of his; or

(iii) any other suitable person,

on such terms as to payment by the organisation and otherwise as the organisation may determine [F1 (subject to section 49 of the Children Act 2004)];

[F2 (aa) maintaining him in an appropriate children’s home;]

(f) making such other arrangements (subject to subsection (3)) as seem appropriate to them.

[F3 (1A) Where under subsection (1)(aa) a local authority maintains a child in a home provided, equipped and maintained by the Secretary of State under section 82(5), it shall do so on such terms as the Secretary of State may from time to time determine.]

(2) The Secretary of State may make regulations as to the placing of children with foster parents by voluntary organisations and the regulations may, in particular, make provision which (with any necessary modifications) is similar to the provision that may be made under section 23(2)(a).

(3) The Secretary of State may make regulations as to the arrangements which may be made under subsection (1)(f) and the regulations may in particular make provision which (with any necessary modifications) is similar to the provision that may be made under section 23(2)(f).

(4) The Secretary of State may make regulations requiring any voluntary organisation who are providing accommodation for a child—

(a) to review his case; and

(b) to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person,

in accordance with the provisions of the regulations.

(5) Regulations under subsection (4) may in particular make provision which (with any necessary modifications) is similar to the provision that may be made under section 26.

(6) Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F1 Words in s. 59(1)(a) inserted (15.1.2005) by Children Act 2004 (c. 34), ss. 49(4), 67(7)(d)

F2 S. 59(1)(aa) substituted for s. 59(1)(b)-(e) (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F3 S. 59(1A) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

Commencement Information

I1 S. 59 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)