An act requiring a list to be kept of the persons considered unsuitable to work with children; to extend the power to make regulations under section 218(6) of the Education Reform Act 1988; to make further provision with respect to the list and the list kept for the purposes of such regulations; to enable the protection provided for children to be provided to persons suffering from mental impairment; and for connected purposes.
When a child-care organization intends to offer an individual employment in a child-care position, the following should be done:
- Ascertain whether the individual is included in the list in Section 1 (the Secretary of State shall keep a list of all individual who are considered unsuitable to work with children), or in the list kept for purposes of regulations which are made in the Education Reform Act 1988.
- If the individual is included in either list, then they can not be offered employment in such a position.
Where a child care organization proposes to offer employment, in a child care position, to an individual who has been supplied by an employment agency, there is a sufficient compliance with the section above if the child care organization:
- Determines that, within the last 12 months, the other organization established whether the individual was included in the list kept under Section 1 or on the list kept for the purposes of regulation made in the Education Reform Act 1988.
- Obtains written confirmation of the previous facts as determined by other organization.
If the individual was included in either list on that date, the organization does not offer them employment in a child-care position.
It is immaterial (with reference to the points above) whether the individual is already employed by the child-care position.
SubSection (3) of Section 113 of The Police Act 1997
After subsection (3) of section 113 of the Police Act 1997 (criminal record certificates) the following subsections should be inserted:
If an application under this section is accompanied by a statement, by the registered person, that the certificate is required for the purpose of establishing suitability for a position (whether paid or unpaid), within the criminal record certificate shall also state:
- whether the applicant is included in the list kept under section 1 of the Protection of Children Act 1999, or on the list kept for the purposes of regulations made in the Education Reform Act 1988.
- also, if the individual is included in either list, such details as the grounds in which they are included may be prescribed.
A position would be regarded within the above subsection if it is:
- A child care position within the meaning of the Child Protection Act 1999.
- A position of employment, or further employment, that may be prohibited or restricted by regulation made under the Education Reform Act 1988.
- A position that the holder's access to persons aged under 19 may be prohibited or restricted under that section.
- A position of such other description as may be prescribed.
Also, after subsection (6) of section 115 of that Act (enhanced criminal record certificates), the following subsection should be inserted:
- whether the applicant is included in the list kept under section 1 of the Protection of Children Act 1999, or the list kept for the purposes of regulations made under the Education Reform Act 1988;
- if the individual is included in either list, such details of their inclusion as may be prescribed, including (in the case of the latter list) the grounds on which they are so included