{
  "url": "https://openlegislation.uk/children-act-1989/section-68",
  "json_url": "https://openlegislation.uk/children-act-1989/section-68.json",
  "legislation": "ukpga/1989/41",
  "legislation_title": "Children Act 1989",
  "legislation_url": "https://openlegislation.uk/children-act-1989",
  "path": "section/68",
  "kind": "section",
  "number": "68",
  "heading": "Persons disqualified from being private foster parents.",
  "text": "(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.\n(2) The regulations may, in particular, provide for a person to be so disqualified where—\n(a) an order of a kind specified in the regulations has been made at any time with respect to him;\n(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;\n(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;\n(d) he has been convicted of any offence of a kind so specified, or. . . discharged absolutely or conditionally for any such offence;\n(e) a prohibition has been imposed on him at any time under section 69 or under any other specified enactment;\n(f) his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment.\n(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).\n(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—\n(a) he lives in the same household as a person who is himself prevented from fostering a child by subsection (1); or\n(b) he lives in a household at which any such person is employed.\n(3A) A person shall not foster a child privately if—\n(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\n(b) he lives in the same household as a person who is barred from such activity.\n(4) Where an authority refuse to give their consent under this section, they shall inform the applicant by a written notice which states—\n(a) the reason for the refusal;\n(b) the applicant’s right under paragraph 8 of Schedule 8 to appeal against the refusal; and\n(c) the time within which he may do so.\n(5) In this section—\n“the appropriate authority” means the local authority within whose area it is proposed to foster the child in question; and\n“enactment” means any enactment having effect, at any time, in any part of the United Kingdom.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 68(2)(d) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, Sch. 32 Pt. 1 para. 60(2), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(24), 44(4)(j) (subject to transitional provisions and savings in Sch. 2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 68(2A) inserted (4.4.2005) by Criminal Justice Act 2003 (c.44), s. 304, Sch. 32 Pt. 1 para. 60(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to transitional provisions and savings in Sch. 2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 68(3A) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 63, 65, Sch. 9 para. 12 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 68: power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 68 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1989/41/section/68",
    "retrieved_at": "2026-10-30T07:28:21.051680+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}