Part VIII Registered Children’s Homes
I163 Children not to be cared for and accommodated in unregistered children’s homes.
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 more than three children at any one time; 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 F1(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)).
6
An independent school is a children’s home if—
a
it provides accommodation for not more than fifty children; and
b
it is not approved by the Secretary of State under section 11(3)(a) of the M1Education Act 1981.
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.