Part VIII Registered Children’s Homes

I1C1652 Persons disqualified from carrying on, or being employed in children’s homes.

F7A1

A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless—

a

P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and

b

P has obtained the appropriate authority's written consent.

A2

A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless—

a

E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and

b

E has obtained the appropriate authority's written consent.

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 F8in Wales unless he has—

a

disclosed to F1the appropriate authority the fact that he is so disqualified; and

b

obtained F1its written consent.

2

No person shall employ a person who is so disqualified in a children’s home F9in Wales unless he has—

a

disclosed to F1the appropriate authority the fact that that person is so disqualified; and

b

obtained F1its written consent.

3

Where F2the appropriate authority refuses to give its consent under this section, it shall inform the applicant by a written notice which states—

a

the reason for the refusal;

F3b

the applicant’s right to appeal under section 65A against the refusal to the F4First-tier Tribunal

c

the time within which he may do so.

4

Any person who contravenes subsection F10(A1), (A2), (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 F11(A2) or (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.

F56

In this section and section 65A “appropriate authority” means—

a

in relation to England, the F6Her Majesty's Chief Inspector of Education, Children's Services and Skills; and

b

in relation to Wales, the National Assembly for Wales.