Children Act 1989, section 66

Privately fostered children

PART IX PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

(1)In this Part—

(a) “a privately fostered child” means a child who is under the age of sixteen and who is cared for, and provided with accommodation [F697 in their own home F697] by, someone other than—

(i)a parent of his;

(ii)a person who is not a parent of his but who has parental responsibility for him; or

(iii)a relative of his; and

(b) “to foster a child privately” means to look after the child in circumstances in which he is a privately fostered child as defined by this section.

(2)A child is not privately fostered child if the person caring for and accommodating him—

(a)has done so for a period a period of less than 28 days; and

(b)does not intend to do so for any longer period.

(3)Subsection (1) is subject to —

(a)the provisions of section 63; and

(b)the exceptions made by paragraph 1 to 5 of Schedule 8.

(4) In the case of a child who is disabled, subsection (1)(a) shall have effect as if for “sixteen”there were substituted “eighteen”.

[F698 (4A)The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person’s own home.F698]

(5)Schedule 8 shall have effect for the purposes of supplementing the provision made by this Part.

Definitions used in section 66 6

child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
relative

“relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent;

Defined in s.105(1) · see it in the full Act
privately fostered child

“privately fostered child” and “to foster a child privately” have the same meaning as in section 66;

Defined in s.105(1) · see it in the full Act
disabled

“disabled”, in relation to a child, has the same meaning as in section 17(11);

Defined in s.105(1) · see it in the full Act

Cases considering section 66 9

B (A Child)(Designated Local Authority)

[2020] EWCA Civ 1673 · 10 December 2020Defines

Private fostering potentially covers accommodation by a person who is neither a relative nor a person with parental responsibility. Adoption meant that the birth brother and birth mother had ceased to be relatives for this purpose, subject to the looked-after-child exclusion and the mother’s disqualification. (see paras [71]-[76])

CLT, R (on the application of) v London Borough of Hounslow

[2026] EWHC 162 (Admin) · 30 January 2026Interprets

Interprets the statutory definition of a privately fostered child and the exclusions for parents, persons with parental responsibility and specified relatives. The arrangement with IF did not displace the section 20 duty on the facts. (see paras [47]; [75]-[79]) Cited as defining when a child is not privately fostered because the accommodation is for less than 28 days without an intention to continue. (see para [47])

B v M

[2018] EWHC 1473 (Fam) · 26 April 2018Defines

The court uses section 66 to identify the circumstances in which a child is privately fostered, including the child’s age, the status of the carer and the duration and location of the care. (see para [69])

What each judgment says about section 66 is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F697Words in s. 66(1)(a) inserted (1.1.2001 for E. and 28.2.2001 for W.) by 2000 c. 14, s. 116, Sch. 4 para. 14(15)(a); S.I. 2000/2795, art. 2(2)(b), S.I. 2001/139, art. 2(2)(b)
  2. F698S. 66(4A) inserted (1.1.2001 for E. and 28.2.2001 for W.) by 2000 c. 14, s. 116, Sch. 4 para. 14(15)(b); S.I. 2000/2795, art. 2(2)(b), S.I. 2001/139, art. 2(2)(b)

Commencement

  1. I62S. 66 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)