63 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, 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 [1981 c. 60.] Education 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.

64 Welfare of children in children’s homes

(1) Where a child is accommodated in a children’s home, it shall be the duty of the person carrying on the home to—

(a) safeguard and promote the child’s welfare;

(b) make such use of the services and facilities available for children cared for by their own parents as appears to that person reasonable in the case of the child; and

(c) advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.

(2) Before making any decision with respect to any such child the person carrying on the home shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

(a) the child;

(b) his parents;

(c) any other person who is not a parent of his but who has parental responsibility for him; and

(d) any person whose wishes and feelings the person carrying on the home considers to be relevant,

regarding the matter to be decided.

(3) In making any such decision the person concerned shall give due consideration—

(a) having regard to the child’s age and understanding, to such wishes and feelings of his as he has been able to ascertain;

(b) to such other wishes and feelings mentioned in subsection (2) as he has been able to ascertain; and

(c) to the child’s religious persuasion, racial origin and cultural and linguistic background.

(4) Section 62, except subsection (4), shall apply in relation to any person who is carrying on a children’s home as it applies in relation to any voluntary organisation.

65 Persons disqualified from carrying on, or being employed in, children’s homes

(1) A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children’s home unless he has—

(a) disclosed to the responsible authority the fact that he is so disqualified; and

(b) obtained their written consent.

(2) No person shall employ a person who is so disqualified in a children’s home unless he has—

(a) disclosed to the responsible authority the fact that that person is so disqualified; and

(b) obtained their written consent.

(3) 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 to appeal against the refusal to a Registered Homes Tribunal under paragraph 8 of Schedule 6; and

(c) the time within which he may do so.

(4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(5) Where a person contravenes subsection (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68.