This item was published during the term of a previous administration that ended in April 2007
Listen
Tougher child protection laws in force
12/04/2005
Tougher child protection measures have come into force
this week.
The move is designed to prevent unsuitable people
working with children, in paid or voluntary work.
But they should not deter adults from volunteering to
work with children, according to Deputy Education Minister
Euan Robson.
Initially, the Protection of Children Act applies to new
volunteers and staff working with children. Existing
volunteers and staff will be unaffected.
Mr Robson said:
"This legislation is designed to help protect our
children from those who might do them harm, not prevent
people from volunteering.
"Voluntary organisations and volunteers throughout
Scotland provide children with valuable activities,
friendship, support and life experiences. That's why we
have listened to the concerns of some of the voluntary
sector and produced extra guidance to help them understand
and comply with this legislation.
"This is not another layer of red tape. It is an
additional safeguard that ensures unsuitable people can no
longer move to a new job working with children."
Lucy McTernan, director of corporate affairs at the
Scottish Council for Voluntary Organisations said:
"Voluntary organisations provide some of the best
support and opportunities for children and young people and
it is important the new legislation supports, not hampers
their work. The new guidance is a welcome steer through
what is a sensitive and complex area of law."
The Protection of Children (Scotland) Act 2003 provides
for Ministers to maintain the Disqualified from Working
with Children List. Since January 10, 2005 someone who is
disqualified commits an offence if they apply to work in a
childcare position (paid or unpaid) or continue to work in
a childcare position having been disqualified. Disclosure
Scotland has been checking the disqualified from working
with children lists and including any information from the
lists on disclosures for childcare posts.
From April 11, 2005 it is an offence for an organisation
to offer work (paid or unpaid) in a child care position to
anyone who is disqualified from working with children.
These provisions were delayed at the request of the
voluntary sector, to allow them more time to prepare. It
applies when someone new to the organisation is offered
work in a child care position and when someone already in
the organisation is moved into a child care position for
the first time.
The Executive provided funding for a voluntary sector
consortium to produce a package of support for the sector
last year. That package included 11,000 copies of a
training and guidance pack and 70,000 leaflets for
volunteers. Further guidance to the voluntary sector on who
needs to be checked against the Disqualified from Working
with Children Lists has been widely distributed
electronically and can be accessed on a range of websites
including YouthLink Scotland.