The Scottish Government

This item was published during the term of a previous administration that ended in April 2007

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Child protection measures in force

10/01/2005

Scotland's children will be better protected thanks to new legislation which comes into force today.

The Protection of Children (Scotland) Act 2003 creates a list of people unsuitable to work with children. It is designed to ensure that people who have harmed children in the past - or exposed them to harm - are not able to work with children, in paid or voluntary work.

From today:

• Disqualified people will commit an offence if they apply for work or continue to work with children.
• Organisations must refer people in child care positions to the list if they harm a child or put a child at risk and are dismissed or moved away from contact with children as a consequence.
• Organisations can check whether people they are considering appointing to child care positions are disqualified.
• Organisations can make retrospective referrals to the list if they have appropriate evidence.

Deputy Education and Young People Minister Euan Robson said:

"Parents can be confident that this legislation is both a safeguard and a deterrent. Along with other robust recruitment and supervision measures it will help ensure that those unsuitable to work with children are not appointed to positions of trust.

"Individuals applying to work with children will be checked against the list as part of recruitment procedures that include a criminal records check.

"The new duties on individuals, employers and voluntary organisations are part of our fundamental reform of child protection and will boost the safeguards already in place."

The list will be maintained by Scottish Ministers.

From April 11, 2005 all organisations will have to check whether people they are considering appointing to a child care position are on the list or risk committing an offence.

PROTECTION OF CHILDREN (SCOTLAND) ACT 2003 Q&A

What is the list of people unsuitable to work with children?

The list will help prevent individuals from working with children in - paid or unpaid - posts if it they have harmed a child or put a child at risk of harm.

The list, which is to be known as the Disqualified from Working with Children List, was established by the Protection of Children (Scotland) Act 2003 as part of the Scottish Executive's child protection reform programme. Scottish Ministers are responsible for maintaining the list.

How does it work?

People will be referred to the Disqualified from Working with Children List either by their employer, if they have harmed a child or put a child at risk of harm and been dismissed or moved as consequence, or by the courts if they are convicted of an offence against a child which demonstrates their unsuitability.

The information that a person is on the list will only be released to employers and voluntary organisations by Disclosure Scotland as part of checks carried out for child care positions.

Disclosure Scotland will also have access and will release information from similar lists held in England and Wales.

What kinds of posts are affected?

Each employer and voluntary organisation must determine which of its posts are covered by the Act. Disqualified people will commit an offence if they apply for work or continue to work in a child care position.

The definition of child care posts in the Protection of Children (Scotland) Act 2003 is wide ranging. For example, it includes everyone whose normal duties include caring for, training, supervising or being in sole charge of children and those whose normal duties include work in educational establishments or hospitals which are mainly for children.

Will checks on existing staff and volunteers be compulsory?

This part of the Act has been deferred while further consideration is given to the issue including Sir Michael Bichard's recommendations on measures to improve safeguards for children following the events in Soham. We intend to implement it as soon as practical. At the moment organisations can carry out checks on existing staff but there is no compulsion on them to do so. We advise all organisations that they should remove someone from a child care position when notification of any listing is given.

Will organisations have to check employees on a regular basis?

There is no requirement in the Protection of Children (Scotland) Act on employers to re-check their employees once they have gone through the disclosure process. It is, however, open to them to re-check it if they so wish.

Why is a list (of people unsuitable to work with children) needed?

The list plugs a gap in existing safeguards which could allow unsuitable people to move from one child care post to another without detection if they have not been convicted of an offence.

Does this Act meet Human Rights legislation?

Yes. People who are included in the list will have the right to appeal to the sheriff. Those on the list will also have the right to apply for a periodic review and a sheriff will direct the removal of the person from the list if satisfied that the person no longer continues to pose a risk to children.

What are the penalties?

Courts can impose a fine or imprisonment from six months up to a maximum of five years. The courts can impose fines on a sliding scale depending on the type of conviction.