News

Legal fears over fit-person checks

The Care Commission has raised concerns with the Scottish Executive about the legal issues involved in accessing the social work and health service records of childcare job applicants. When local authorities were responsible for vetting childcare workers, many routinely checked their social work records and also contacted GPs, sometimes uncovering information that was not recorded elsewhere (News, 5 September). Since April 2002, the Care Commission is responsible for fit-person checks on childminders, the provider of a childcare service and the responsible manager. The provider or employer is responsible for carrying out checks on other employees. The change to the system has given rise to fears that some information that could have a bearing on appointments is no longer being accessed.

When local authorities were responsible for vetting childcare workers, many routinely checked their social work records and also contacted GPs, sometimes uncovering information that was not recorded elsewhere (News, 5 September). Since April 2002, the Care Commission is responsible for fit-person checks on childminders, the provider of a childcare service and the responsible manager. The provider or employer is responsible for carrying out checks on other employees. The change to the system has given rise to fears that some information that could have a bearing on appointments is no longer being accessed.

A spokesman for the Care Commission said, 'Access to social work or other local authority records, or health service records, is not straightforward, given the fact that the Care Commission is a separate legal entity from a local authority or health board or trust, who have duties of confidentiality in relation to the personal information held on their clients.

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