Section 69 — Children Act 1989: Power to prohibit private fostering.

Power to prohibit private fostering. 69 1 This section applies where a person—

a proposes to foster a child privately; or b is fostering a child privately.

2 Where the local authority for the area within which the child is proposed to be, or is being, fostered are of the opinion that—

a he is not a suitable person to foster a child;

b the premises in which the child will be, or is being, accommodated are not suitable; or c it would be prejudicial to the welfare of the child for him to be, or continue to be accommodated by that person in those premises, the authority may impose a prohibition on him under subsection (3).

3 A prohibition imposed on any person under this subsection may prohibit him from fostering privately—

a any child in any premises within the area of the local authority; or b any child in premises specified in the prohibition. c a child identified in the prohibition, in premises specified in the prohibition.

4 A local authority who have imposed a prohibition on any person under subsection (3) may, if they think fit, cancel the prohibition—

a of their own motion; or b on an application made by that person, if they are satisfied that the prohibition is no longer justified.

5 Where a local authority impose a requirement on any person under paragraph 6 of Schedule 8, they may also impose a prohibition on him under subsection (3).

6 Any prohibition imposed by virtue of subsection (5) shall not have effect unless—

a the time specified for compliance with the requirement has expired;

and b the requirement has not been compiled with.

7 A prohibition imposed under this section shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of—

a the reason for imposing the prohibition;

b his right under paragraph 8 of Schedule 8 to appeal against the prohibition;

and c the time within which he may do so.