The
Protection of Children (Scotland) Act 2003 aims to
improve the safeguards for children by preventing
unsuitable people from working with them. The Act allows
Scottish Ministers to set up the Disqualified from Working
with Children List which came into operation on 10 January
2005.
The Act introduces
new duties and offenceswhich apply equally to the statutory, private and
voluntarysectors and covers work in both paid
employment and unpaid voluntary service.
Please note that Section 11(3)(a) of the Act came into
force on 11 April 2005. It is now an offence for an
organisation to knowingly employ a person in a child care
position, if that person is disqualified from working in
such a position. A date for the commencement of Section 11
(3)(b) has not yet been set. This Section creates a new
offence which organisations will commit if they fail to
remove a disqualified individual from a child care
position. This Section has not been commenced because it
raises the need for checks on existing staff and
volunteers.
Guidance on the Act has been published and widely
distributed. A list of all documents associated with the
Act can be accessed
here.
The List will significantly enhance the protection of
children but it is important to stress that it complements
rather than replaces other
pre-employment checks for child care posts.
A referral form can be downloaded
here.
Referrals to the DWCL should be marked RESTRICTED -
PERSONAL and sent to:
The Manager
PO Box Number 23628
EH6 6ZH
If you have any queries please contact us at:
DWCL@scotland.gsi.gov.uk
Tel 0131 244 1567
Fax 0131 244 0709