Section 65: 2 Persons disqualified from carrying on, or being employed in children's homes., Children Act 1989

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—

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

P has obtained the appropriate authority's written consent.

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

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

E has obtained the appropriate authority's written consent.

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 in Wales unless he has—

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

obtained its written consent.

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

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

obtained its written consent.

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

the reason for the refusal;

the applicant's right to appeal under section 65A against the refusal to the First-tier Tribunal

the time within which he may do so.

Any person who contravenes subsection (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.

Where a person contravenes subsection (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.

In this section and section 65A "appropriate authority" means—

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

in relation to Wales, the National Assembly for Wales.

Section 65: 2 Persons disqualified from carrying on, or being employed in children's homes.

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