Children Act 1989

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)