This item was published during the term of a previous administration that ended in April 2007
Listen
Crackdown on unsuitable adults
06/08/2003
Guidance on the creation and operation of a national
list of people who are unsuitable to work with children was
published today.
It is being circulated to a wide range of public,
private and voluntary organisations in preparation for the
implementation of the
Disqualified from Working with Children List,
which will come into force from around spring 2004. The
List is an important part of the Executive's child
protection reform programme.
Under the Child Protection (Scotland) Act 2003 an
individual working in a childcare position - paid or unpaid
- will be referred to the List by their employer if he or
she harms a child or puts a child at risk of harm, and as a
consequence is dismissed or moved away from access to
children. Those convicted of offences against a child will
be referred directly by the courts.
Deputy Minister for Young People Euan Robson, said:
"The new Act is an important strand in our three-year
child protection reform programme, which aims to ensure
that all our children and young people, particularly those
who are most vulnerable, receive the protection they need
and deserve. It plugs a gap in existing safeguards which
could allow people who have been found unsuitable to work
with children in the past, but not convicted of an offence,
to move from one post to another.
"Under the Act, Scottish Ministers will maintain a
Disqualified from Working with Children List.
Implementation is underway and it will come into force next
year. It will place a duty on organisations to refer
someone to the List if they have been dismissed or moved
away from access to children as a result of harming or
putting a child at risk.
"Following clearly laid-out procedures and after
carefully considering the evidence submitted with the
referral, a decision will then be taken to add someone to
the List if they are deemed to be unsuitable to work with
children. This will be balanced with extensive appeals
procedures to safeguard the rights of the individual.
"Once on the List, it will be an offence for that person
to work or apply to work with children. Organisations will
also commit an offence if they employ them in a childcare
position. The fact that a person is on the List will only
be released as part of a disclosure for childcare
positions.
"I would encourage all organisations involved with
children to ensure that they read and disseminate this new
information to help them prepare for these forthcoming
child protection provisions."
The publication of this guidance is designed to
encourage organisations to gear up for implementation and
to raise awareness of the new legislation. It will be
followed up with more detailed guidance closer to
commencement.
The guidance sets out how the system will operate, who
will be able to access the List, what the safeguards are
for individuals should someone try to maliciously refer
them to be List, and contact details for organisations
seeking further information.
In addition to employers, employment and nursing
agencies will have a duty to make referrals if they decide
not to enter into any further business with an individual
on the grounds that the individual has harmed or put a
child at risk. The Scottish Commission for the Regulation
of Care, Scottish Social Services Council and General
Teaching Council for Scotland, and formal enquiries, will
also be able to make referrals to Ministers.
Implementation of the Child Protection (Scotland) Act is
being overseen by an Executive-led project board, with the
Steering Group for the Child Protection Reform Programme
having an overview. The project work is based around the
following areas:
Criminal Justice - covering a range of issues including:
referrals to the List from the courts; rules of court;
release of information through Disclosure Scotland and the
Criminal Record Bureau; appeals procedures; and enforcement
of the new offences.
Information Technology - overseeing the specification
and development of systems needed to support the business
processes and links needed for the secure release of the
information.
Voluntary Sector Support - drawing up specifications and
considering how best to deliver support, training and
guidance which the voluntary sector will need to help them
gear up to meet the requirements of the new
legislation.
The target date for implementation is Spring 2004.
However, it may be phased to take account of a commitment
which the former Minister for Education and Young People
gave, during Stage Three of the Bill, to ensure voluntary
organisations have the support, training and guidance to
meet the new requirements of the new Act.