Protection Of Children Act 1999

Section 1 of this Act requires the Secretary of State for the Department of Health to keep a list of individuals (“the Department of Health List”) who are considered unsuitable to work with children. An individual is not included on the list unless he has been referred to the Secretary of State under section 2 or he is transferred from the Consultancy Service Index under section 3 below.

Section 2 says that a child care organisation shall (and any other organisation) may) refer to the Secretary of State an individual who is or has been employed in a child care position.

Subsection 2 sets out a number of conditions for referral, which are based around “grounds of misconduct” (whether or not in the course of his employment) where the employee has harmed a child or placed a child at risk of harm.

Subsections 5 onwards provide a process for consultation with the individual.

Section 3 provides for transfer of persons from the Consultancy Service Index to the Department of Health List referred to in Section 1, and the procedure to be followed in such cases. Section 4 provides for appeals against inclusion on the list.

Section 5 relates to the “Department for Education and Employment List” and substitutes a new subsection (6ZA) into Section 218 of the Education Reform Act 1988 and section 15 of the Teaching and Higher Education Act 1998 which provides a list of new grounds for prohibiting or restricting the employment of teachers.

Section 6 provides an appeal process.

Section 7 describes the effect of inclusion on either list. Where a child care organisation proposes to offer an individual employment in a child care position, the organisation shall check the Department of Health List and the Department for Education and Employment List. If he is on either list, employment cannot be offered to him. Section 7(2) refers to employment or nursing agencies.

Section 8 inserts a new subsection (3A) into section 113 of the Police Act 1997 (criminal record certificates) to provide for criminal record certificates to state whether the Applicant is included under the Department of Health List or Department for Education and Employment List.

A new section (3B) defines the kind of positions for which checks must be run. Very briefly if the organisation is a “child care organisation” it should run a check.

Section 8(2) provides for the new Lists to be included on “enhanced criminal record certificates” under section 115 of the Police Act 1997.

Section 9 sets up a tribunal and the Schedule to the Act defines the constitution of that tribunal. Section 10 gives the Secretary of State the power to extend the operation of the Act to persons aged 18 or over who are suffering from mental impairment.

Section 12 defines a “child care organisation”

See here: Protection of Children Act 1999