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Child Protection

Answer

This Government's ambition is to make safeguarding children everyone's business. We want our children to be safe in all settings—and that requires everyone to play their part—in Government, as parents, citizens, in the police, local authorities, health bodies, voluntary and private sector organisations.My statements of 19 January and 1 March, and my report of 19 January, published alongside the statement covered this wider safeguarding agenda, as well as focusing on specific settings where appropriate. List 99 currently covers positions working with children in schools, FE institutions and LEA education services. In addition, the PoCA list is held by my Department pursuant to the Protection of Children Act 1999; this legislation places a statutory duty on child care organisations, employing people in child care or regulated positions”” (as defined in section 36 of the Criminal Justice and Court Services Act 2000), to refer the names of individuals who fulfil criteria making them unsuitable to work with children. The Act also permits other organisations, such as voluntary organisations, sports clubs and scout associations to refer those working in child care positions who meet the criteria for possible inclusion in the PoCA list. A person whose name is included in the PoCA list will be barred from working in a regulated position, for example, a position whose normal duties include work in an educational institution or a position whose normal duties include work on day care premises. Indeed, under the Criminal Justice and Court Services Act 2000, it is a criminal offence for such people to seek or obtain work in a regulated position, just as it is a criminal offence for employers to knowingly offer work in a regulated position or fail to remove such a person from employment in a regulated position.The Department's guidance note Child Protection: Preventing Unsuitable People from Working with Children and Young Persons in the Education Service”” issued in June 2005 provides current advice for employers in the education service on preventing unsuitable people from working with children and young persons.In addition, mandatory CRB checks will be implemented for schools through amendment regulations to be made under sections 35 and 36 of the Education Act 2002 (and section 72 of the School Standards and Framework Act (SSFA) 1998)—this will effect amendments to the current School Staffing (England) Regulations 2003. Changes announced by the Secretary of State (on 1 March 2006) will mean that existing arrangements become compulsory for schools through the proposed amendments, which will make an on appointment”” CRB check compulsory for all new appointments to the schools workforce. We are looking to apply similar mandatory checks for teachers, tutors and trainers working in FE institutions.Providers of childcare for under-8s must be registered by Ofsted in order to operate, and the registration process includes an enhanced disclosure from the Criminal Records Bureau to ensure that those providing and managing the service are suitable to work with children. Ofsted also checks those living in the households of registered childminders and, on inspection, checks to ensure that employers have in place vetting procedures to ensure that their staff are suitable to look after children.

Secondary information

Type

Written question

Reference

46961; 445 c153-4W;445 c153-4W

Session

2005-06

Subjects

Children Protection