Section 68 — Children Act 1989: Persons disqualified from being private foster parents.

Persons disqualified from being private foster parents. 68 1 Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if he is disqualified from doing so by regulations made by the Secretary of State for the purposes of this section.

2 The regulations may, in particular, provide for a person to be so disqualified where—

a an order of a kind specified in the regulations has been made at any time with respect to him;

b an order of a kind so specified has been made at any time with respect to any child who has been in his care;

c a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment;

d he has been convicted of any offence of a kind so specified, or . . . discharged absolutely or conditionally for any such offence;

e a prohibition has been imposed on him at any time under section 69 or under any other specified enactment;

f his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment. 2A A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d).

3 Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if—

a he lives in the same household as a person who is himself prevented from fostering a child by subsection (1); or b he lives in a household at which any such person is employed. 3A A person shall not foster a child privately if—

a he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or b he lives in the same household as a person who is barred from such activity.

4 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 under paragraph 8 of Schedule 8 to appeal against the refusal;

and c the time within which he may do so.

5 In this section— “ the appropriate authority ” means the local authority within whose area it is proposed to foster the child in question; and “ enactment ” means any enactment having effect, at any time, in any part of the United Kingdom.