• Purpose of the Act
• Changes to the Law
• Inclusion in the Lists
• Employment
• Appeals

Purpose of the Act

1.1 The Act creates a system for identifying persons considered to be unsuitable to work with children. It introduces a 'one stop shop' to compel employers designated under the Act (and allows other employers) to access a single point for checking people they propose to employ in a child care position.

1.2 This will be achieved by checks being made of criminal records with the National Criminal Records Bureau and two lists maintained by the Department of Health and the Department for Education and Employment.

back to top

Changes to the Law

2.1 The Education Reform Act 1988 (Section 218 ) is amended to include grounds that an individual is not a fit and proper person to work with children and prohibits the employment of those persons as teachers. This includes childcare and educational settings. Grounds for prohibiting or restricting employment with children will include medical, misconduct and that the person is included in the Department of Health list.

2.2 The Police Act 1997 is amended to enable the National Criminal Records Bureau to disclose information about individuals on either the Department of Health or Department of Education and Employment lists as well as the individual's criminal records. Section 113 is amended to allow the issue of a criminal records certificate to allow employment.

2.3 The Consultancy Index list of the Department of Health will be placed on a statutory basis.

2.4 The Act determines that there are two types of organisations who must or can access information from the National Criminal Records Bureau or pass information to the Bureau.

Those That Must Access

• Child Care Organisations are those concerned with the provision of accommodation, social services or health care services to children or the supervision of children under 18 years. These organisations have a mandatory duty to check and report to the Bureau. The definition includes all Local Authority Social Services functions with children, Local Authority children's homes whether private or independent, nursing home accommodation, Registered Child Minders and some NHS Trust services regarding children. It also includes those whose activities are regulated by a prescribed enactment

Those That May Access

• Other organisations are recommended to carry out checks and refer back to the Bureau relevant information but they have no mandatory duty to do so. These organisations may include voluntary groups, cadet forces and so on

2.5 The Act also defines that checks should or may, dependant on the category of organisation, be carried out on those who are or have been in a 'Child Care Position'. Being in a child care position means those concerned with the provision of accommodation, Social Services or Health Care services to children or the supervision of children and is such as to enable them to have regular contact with children in the course of their duties. Employment with children covers both paid and unpaid as well as under contract to others.

back to top

Inclusion in the Lists

3.1 A 'Child Care Organisation' shall and an 'Other Organisation' may refer an individual who is, or has been, employed in a 'Child Care' position if:

• They have been dismissed for misconduct, whether or not in the course of employment, which harmed a child or placed a child at risk of harm
• The individual resigned or retired in circumstances such that the organisation would have dismissed him, or would have considered dismissing him
• The organisation has transferred him to a position not involving child care
• The organisation has suspended/provisionally transferred the individual but not yet decided to dismiss him
• Where, since an individual has retired, resigned, been dismissed, information has come to light which would have led to dismissal or transfer

back to top

Employment

4.1 A Child Care Organisation shall not offer employment to any person included in either the Department of Health or the Department of Education and Employment lists.

4.2 Section 113 of the Police Act 1997 allows the issue of a criminal records certificate upon application accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicants suitability for employment, paid or unpaid either in:

• A child care position
• A position of employment or further employment in which he may be prohibited under the Education Reform Act 1988, for example Fraud

back to top

Appeals

5.1 There is a right to appeal against inclusion and the Secretary of State having received information from the Organisation in a prescribed manner considers these. There is a right to refer to a tribunal if temporarily put on the list for longer than 9 months.

5.2 There is no appeal against a finding of fact in a criminal court.

5.3 Discretion can be given to require a person to attend to give evidence at the tribunal and it may be heard in private.