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| Individuals providing care funded by direct payments. |
97. - (1) After section 2C of the 1999 Act (inserted by section 96) there is inserted-
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| "Local authorities proposing to make direct payments in respect of services. |
2D. - (1) A local authority may refer a relevant individual to the Secretary of State where, as a result of enquiries made, or caused to be made, by it under section 47 of the Children Act 1989, the authority considers that the individual has been guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm.
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(2) Section 2(4) to (7) above shall apply in relation to a reference made by a local authority under subsection (1) above as it applies in relation to a reference made by an organisation under section 2(1) above.
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(3) In this section-
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"funded care" means care in respect of a person's securing the provision of which the authority has made a payment under section 17A of the Children Act 1989 (direct payments); |
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"relevant individual" means an individual who is or has been employed to provide funded care to a child. |
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(4) The reference in subsection (1) above to misconduct is to misconduct which occurred after the commencement of this section."
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(2) In section 7 of that Act (effect of inclusion in certain statutory lists), after subsection (1) there shall be inserted-
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"(1A) Where-
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(a) a person ("the recipient") employs, or proposes to employ, an individual to provide care for a child; and |
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(b) a local authority proposes to make a payment to the recipient under section 17A of the Children Act 1989 (direct payments) in respect of his securing the provision of the care, |
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the authority shall, if the recipient asks it to do so, ascertain whether the individual is included in any of the lists mentioned in subsection (1) above."
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(3) After subsection (2) of that section there shall be inserted-
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"(2A) Where a local authority is required under subsection (1A) above to ascertain whether an individual who has been supplied as mentioned in subsection (2) above is included in any of the lists there mentioned, there is sufficient compliance with subsection (1A) above if the authority-
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(a) satisfies itself that, on a date within the last 12 months, the organisation which supplied the individual ascertained whether he was included in any of those lists; and |
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(b) obtains written confirmation of the facts as ascertained by the organisation." |
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(4) In section 1(2)(a) of that Act (duty of Secretary of State to keep list), after "or 2A" there is inserted "or 2D".
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| Transfer from Consultancy Service Index of individuals named in past inquiries. |
98. - (1) Section 3 of the 1999 Act (inclusion in list on transfer from Consultancy Service Index) shall be amended as follows.
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(2) In subsection (1), for "This section" there shall be substituted "Subsections (2) and (3) below".
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(3) After subsection (3) there shall be inserted-
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"(4) Subsections (5) and (6) below apply where-
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(a) a relevant inquiry has been held; |
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(b) the report of the person who held the inquiry names an individual who is or has been employed in a child care position; |
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(c) it appears to the Secretary of State from the report- |
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(i) that the person who held the inquiry found that the individual was guilty of relevant misconduct; and
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(ii) that the individual is unsuitable to work with children; and
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(d) the individual is included in the Consultancy Service Index (otherwise than provisionally) immediately before the commencement of this section. |
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(5) The Secretary of State shall-
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(a) invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b) below; and |
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(b) invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a) above. |
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(6) The Secretary of State shall include the individual in the list kept by him under section 1 above if, after he has considered the report, any observations submitted to him and any other information which he considers relevant, he is of the opinion-
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(a) that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and |
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(b) that the individual is unsuitable to work with children. |
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(7) In this section-
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"relevant employer", in relation to an individual named in the report of a relevant inquiry, means the person who, at the time referred to in the definition of "relevant misconduct" below, employed the individual in a child care position; |
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"relevant inquiry" has the same meaning as in section 2B above |
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"relevant misconduct" means misconduct which harmed a child or placed a child at risk of harm and was committed (whether or not in the course of his employment) at a time when the individual was employed in a child care position.". |
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Restrictions on working with children in independent schools |
| Additional ground of complaint. |
99. - (1) In subsection (1) of section 469 (notice of complaint) of the Education Act 1996, for paragraph (d) there shall be substituted-
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"(d) the proprietor of the school or any teacher or other employee employed in the school- |
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(i) is unsuitable to work with children; or
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(ii) is for any other reason not a proper person to be the proprietor of an independent school or (as the case may be) to be a teacher or other employee in any school;"
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(2) In subsection (2) of section 470 of that Act (determination of complaint by an Independent Schools Tribunal), for paragraph (f) there shall be substituted-
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"(f) if satisfied that any person alleged by the notice of complaint to be a person who- |
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(i) is unsuitable to work with children; or
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(ii) is for any other reason not a proper person to be the proprietor of an independent school or to be a teacher or other employee in any school,
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is in fact such a person, by order disqualify that person from being the proprietor of any independent school or (as the case may be) from being a teacher or other employee in any school." |
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| Effect of inclusion in 1996 Act list. |
100. - (1) Section 7 of the 1999 Act (effect of inclusion in either list) shall be amended as follows.
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(2) For subsection (1) there shall be substituted-
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"(1) Where a child care organisation proposes to offer an individual employment in a child care position, the organisation-
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(a) shall ascertain whether the individual is included in- |
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(i) the list kept under section 1 above;
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(ii) the list kept for the purposes of regulations made under section 218(6) of the 1988 Act ("the 1988 Act list"); or
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(iii) any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the Education Act 1996 ("the 1996 Act list"); and
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(b) if he is included in any of those lists, shall not offer him employment in such a position." |
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(3) In subsection (2)-
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(a) in paragraph (a), for the words from "the list" to the end there shall be substituted "any of the lists mentioned in subsection (1) above"; and |
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(b) in paragraph (c), for "either list" there shall be substituted "any of those lists". |
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(4) For subsection (4) there shall be substituted-
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"(4) In this section-
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(a) any reference to inclusion in the 1988 Act list is a reference to inclusion in that list on the grounds mentioned in section 218(6ZA)(c) of the 1988 Act; and |
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(b) any reference to inclusion in the 1996 Act list is a reference to inclusion in that list as a person disqualified on the grounds mentioned in section 469(1)(d)(i) of the Education Act 1996." |
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| Searches of 1996 Act list. |
101. - (1) In subsection (3A) of section 113 of the Police Act 1997 (criminal record certificates), for the words from "in the list" to the end there shall be substituted "in-
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(i) the list kept under section 1 of the Protection of Children Act 1999;
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(ii) the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988 ("the 1988 Act list"); or
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(iii) any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the Education Act 1996 ("the 1996 Act list"); and
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(b) if he is included in any of those lists, such details of his inclusion as may be prescribed, including- |
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(i) in the case of the 1988 Act list, the grounds on which he is so included; or
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(ii) in the case of the 1996 Act list, the grounds on which he was disqualified under section 470 or 471."
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(2) In subsection (6A) of section 115 of that Act (enhanced criminal record certificates), for the words from "in the list" to the end there shall be substituted "in-
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(i) the list kept under section 1 of the Protection of Children Act 1999;
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(ii) the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988 ("the 1988 Act list"); or
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(iii) any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the Education Act 1996 ("the 1996 Act list"); and
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(b) if he is included in any of those lists, such details of his inclusion as may be prescribed, including- |
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(i) in the case of the 1988 Act list, the grounds on which he is so included; or
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(ii) in the case of the 1996 Act list, the grounds on which he was disqualified under section 470 or 471."
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General |
| Temporary provision for access to lists. |
102. - (1) Any person seeking to ascertain whether a relevant individual is included in-
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(a) the list kept under section 1 of the 1999 Act; |
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(b) the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988; or |
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(c) any list kept by the Secretary of State or the Assembly of persons disqualified under section 470 or 471 of the Education Act 1996, |
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shall be entitled to that information on making, before the relevant commencement, an application for the purpose to the Secretary of State.
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(2) In this section "relevant individual" means-
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(a) in relation to a person who carries on an employment agency, an individual with whom he proposes to do business or an individual of any other prescribed description; |
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(b) in relation to any other person, an individual to whom he proposes to offer, or whom he proposes to supply for employment in, a child care position or an individual of any other prescribed description. |
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(3) The relevant commencement is-
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(a) for applications relating to the list mentioned in subsection (1)(a) or (b), the commencement of section 8 of the 1999 Act; and |
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(b) for applications relating to the list mentioned in subsection (1)(c), the commencement of section 101. |
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(4) Paragraphs (b) and (c) of subsection (1) are without prejudice to any right conferred otherwise than by virtue of those provisions.
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| Suitability to adopt a child: searches of lists. |
103. In section 113(3A) of the Police Act 1997, after "(3B)," there shall be inserted "or his suitability to adopt a child,".
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