40Automatic suspension of authorisation

40 Automatic suspension of authorisation

40 Automatic suspension of authorisation

(1) The designated agency supervising the out-of-home care of a child or young person in the care of an authorised carer must, when becoming aware that an unsuitable co-resident resides on the same property as the authorised carer—

(a) notify the authorised carer that the co-resident is unsuitable, and

(b) within 48 hours, remove the child or young person from the care of the authorised carer.

(2) The authorisation of a person as an authorised carer is automatically suspended when the notification is given.

(3) The suspension ceases to have effect when the unsuitable co-resident ceases to reside on the same property as the authorised carer.

(4) The designated agency is not required to remove the child or young person from the care of the authorised carer if—

(a) the suspension ceases to have effect before the child or young person is removed from the care of the authorised carer, and

(b) it is less than 48 hours since the agency became aware of the unsuitable co-resident residing on the same property as the authorised carer.

(5) In this section—

continuing residence approval has the same meaning as in the Child Protection (Working with Children) Act 2012.

unsuitable co-resident means a co-resident who, despite requiring a WWCCC or a WWCCC application to reside on the same property as the authorised carer—

(a) does not have 1 of the following—

(i) a WWCCC,

(ii) a WWCCC application,

(iii) a continuing residence approval, or

(b) is subject to an interim bar.