List identifies workers banned from childcare

Liz Fox
Wednesday, January 19, 2005

Childcare employers and voluntary organisations in Scotland can now check job applicants' suitability to work with children under the Protection of Children (Scotland) Act 2003 which came into force on 10 Janaury. The Disqualified from Working with Children List aims to prevent people who have harmed children, or exposed them to harm, from working with children in either paid or voluntary positions.

Childcare employers and voluntary organisations in Scotland can now check job applicants' suitability to work with children under the Protection of Children (Scotland) Act 2003 which came into force on 10 Janaury.

The Disqualified from Working with Children List aims to prevent people who have harmed children, or exposed them to harm, from working with children in either paid or voluntary positions.

From 11 April employers and voluntary organisations will have to check whether people they are considering appointing to any position working with children are on the list, or face prosecution ranging from a fine to imprisonment.

The Scottish Out of School Care Network welcomed the new legislation.

Chief executive Irene Audain said, ' I am pleased that a temporary deferment of Section 11 until April gives the voluntary sector and other agencies time to prepare for its implementation and to iron out any anomalies. It is vital for childcare providers that the protection of children and young people is their number one priority.

'I further believe that the protection of children is a responsibility of all adults and that we all should be vigilant for signs of abuse or harm.

After all, the majority of child abuse is carried out by people within the child's trusted family circle.'

The Scottish Executive says the list is needed to plug a gap in existing safeguards, which could allow unsuitable people to move from one childcare post to another without detection if they have not been convicted of an offence.

The list will be maintained by Scottish ministers and Disclosure Scotland, the service offering criminal record information on individuals applying for jobs.

Information on any person on the list will only be released to employers and voluntary organisations by Disclosure Scotland.

People will be referred to the Disqualified from Working with Children List either by their employer, or by the courts, if they are convicted of an offence against a child. The Act does not require employers to re-check current employees who have already gone through the disclosure process, but they may re-check them on a regular basis if they wish.

Deputy minister for education and young people 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.'

* Children 1st issued a briefing for MSPs last week, ahead of the debate in the Scottish Parliament on child protection on 12 January. The charity says much more must be done for child protection and proposes a public information programme to support individuals and communities.

The briefing said, 'There is a danger that the current focus on Disclosure Scotland as a main way to protect children from dangerous adults can give people false reassurance that child protection is someone else's job.

Vetting is crucial, but it is only a part of the process of keeping children safe.

'A public information programme is necessary. This is about vigilance in the family home as well as in the community to make sure children are safe.'

Guidance for employers on the Protection of Children Act is available on the website www.scotland.gov.uk/about/ED/ CnF/00017834/list.aspx.

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