Miscellaneous Section 53 – Fostering
147.This section, in conjunction with section 7 and paragraph 1(5) of Schedule 4, ensure that it is an offence for a barred person to act as a local authority foster carer, foster carer employed by a voluntary organisation, or a person who fosters a child for reward or through the arrangements made by a person other than a member of the child’s family. Any organisation that arranges (and has the power to terminate) a placement will be required to check the carer’s status, and an offence will be committed if the check is not made or if the child is knowingly placed with a barred individual or someone who is not subject to monitoring. In these situations the carer will also commit an offence if he or she is not subject to monitoring. This will cover, for example, private fostering arrangements and host families provided by a language school. Sections 6(7) and 53(10) also ensure that the foster carer is able to take day to day decisions concerning their foster child, as would a parent, without being treated as a “regulated activity provider” and being required to check every individual who helps care for the child.
148.Paragraph 12 of Schedule 9 ensures that individuals are disqualified from private fostering if they are on the children’s barred list or they live with a person on the children’s barred list.