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Safeguarding Vulnerable Groups Bill [Lords]

With this it will be convenient to discuss the following: New clause 24—Assessment of Under 18s on the barred lists— With this it will be convenient to discuss the following: New clause 24— Assessment of Under 18s on the barred lists— ‘(1) IBB must make a referral for therapeutic purposes, as specified in regulations, for a person under the age of 18 included on the children’s barred list after representations have been heard. (2) IBB must make a referral for therapeutic purposes, as specified in regulations, for a person under the age of 18 included on the adults’ barred list after representations have been heard.’. Amendment No. 1, in clause 4, page 2, line 24, leave out ‘only’. Amendment No. 2, page 2, line 28, at end insert— ‘(2A) An appeal under subsection 1 may be made on the grounds that there are issues of fact that were unavailable to IBB at the time it made its decision and which in the opinion of the Tribunal would have been relevant to that decision.’. Amendment No. 11, in clause 27, page 18, line 34, leave out ‘thinks’ and insert ‘has reason to suspect’. Amendment No. 249, in clause 45, page 31, line 7, at end insert ‘““harm”” has the same meaning as in section 31(9) of the Children Act 1989 (c. 41) but shall also include financial harm.’. Amendment No. 251, in schedule 2, page 31, line 34, leave out paragraph (f). Amendment No. 204, in clause 27, page 18, line 44, at end insert— ‘(4B) In this section— ““harm”” means ill-treatment or the impairment of health, dignity or development; ““dignity”” means identity, self esteem and self respect, and inclusion in social participation and interaction, ““development”” means physical, intellectual, emotional, social or behavioural development’ ““health”” means physical or mental health, ““ill-treatment”” includes sexual abuse and forms of ill-treatment which are not physical.’. Amendment No. 205, in page 18, line 44, at end insert— ‘(4C) In this section harm includes intentionally or negligently causing a child or vulnerable adult to suffer financial loss or deprivation.’. New schedule 4— — Transitional provisions Advice by IBB 1 IBB must provide the Secretary of State with such advice as he requests in connection with— (a) any decision in relation to the inclusion of a person in the list kept under section 1 of the Protection of Children Act 1999 (c. 14); (b) any decision in relation to the inclusion of a person in the list kept under section 81 of the Care Standards Act 2000 (c. 14); (c) any decision in relation to a direction under section 142 of the Education Act 2002 (c. 32) in relation to a person. Existing restrictions relating to children 2 (1) This paragraph applies to a person who is— (a) included in the list kept under section 1 of the Protection of Children Act 1999 (individuals considered unsuitable to work with children); (b) disqualified from working with children by virtue of an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000; (c) subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching etc). (2) The Secretary of State may, by order, make such provision as he thinks appropriate— (a) requiring IBB to include the person in the children’s barred list; (b) requiring IBB to consider including the person in the children’s barred list; (c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made; (d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified; (e) modifying anything done under paragraph 13 or in paragraphs 14 to 19 of Schedule 2 in connection with IBB’s consideration of any matter relating to the person. (3) An order under this paragraph may contain provision— (a) enabling the General Teaching Council for England to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998; (b) enabling the General Teaching Council for Wales to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998; (c) for the Secretary of State to prescribe the procedurein relation to an application as mentioned in paragraph (a); (d) for the Welsh Ministers to prescribe the procedurein relation to an application as mentioned in paragraph (b). Existing restrictions relating to vulnerable adults 3 (1) This paragraph applies to a person who is included in the list kept under section 81 of the Care Standards Act 2000 (individuals considered unsuitable to work with certain adults). (2) The Secretary of State may, by order, make such provision as he thinks appropriate— (a) requiring IBB to include the person in the adults’ barred list; (b) requiring IBB to consider including the person in the adults’ barred list; (c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made; (d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified; (e) modifying anything done under paragraph 13 or in paragraphs 14 to 19 of Schedule 2 in connection with IBB’s consideration of any matter relating to the person. Existing restrictions: supplementary 4 An order under paragraph 2 or 3 may— (a) modify any criminal offence created by this Act; (b) create any new criminal offence, but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale. Modifications relating to monitoring 5 (1) The Secretary of State may by order provide that in relation to permission to engage in regulated activity having effect during the transitional period, references in section 11(1) and (1A) to ascertaining whether B is subject to monitoring in relation to an activity have effect as references to ascertaining whether B is barred from that activity. (2) The transitional period is the period— (a) beginning with the commencement of section 2, and (b) ending with the commencement of section 21.’. Government amendment No. 112. Amendment No. 252, in schedule 2, page 37, line 13, leave out ‘include the person in the children’s barred list’ and insert— ‘(a) include the person in the children’s barred list; (b) give the person the opportunity to make representations on any exceptional circumstances warranting removal from the children’s barred list if the inclusion is based on a caution. (4) If it appears to IBB that it is not appropriate for the person to be included in the list, it must remove him from the list.’. Government amendment No. 113. Amendment No. 13, in schedule 2, page 37, line 33, after ‘if’, insert ‘on the balance of probabilities’. Government amendment Nos. 114 to 118. Amendment No. 243, in page 38, line 29, after ‘if’, insert ‘he has engaged in conduct which, in the opinion of an appropriate professional’. Amendment No. 247, in page 38, line 30, leave out ‘it appears’ and insert ‘indicates’. Government amendment No. 119. Amendment No. 244, in page 38, line 41, at end insert— ‘(5) In subsection (4), ““appropriate professional”” means any of the following— (a) a doctor; (b) a psychiatrist; (c) a registered social worker; (d) a probation officer; or (e) a person of a description prescribed by the Secretary of State for the purposes of this paragraph.’. Amendment No. 253, in page 39, line 8, leave out ‘include the person in the adults’ barred list’ and insert— ‘(a) include the person in the adults’ barred list; (b) give the person the opportunity to make representations as to why there are exceptional circumstances warranting removal from the adults’ barred list if the inclusion is based on a caution. (4) If it appears to IBB that it is not appropriate for the person to be included in the list, it must remove him from the list.’. Government amendments No. 121 to 127. Amendment No. 245, in page 40, line 11, after ‘if’, insert ‘he has engaged in conduct which, in the opinion of an appropriate professional’. Amendment No. 248, in page 40, line 12, leave out ‘it appears’ and insert ‘indicates’. Government amendment No. 128. Amendment No. 246, in page 40, line 23, at end insert— ‘(5) In subsection (4), ““appropriate professional”” means any of the following— (a) a doctor; (b) a psychiatrist; (c) a registered social worker; (d) a probation officer; or (e) a person of a description prescribed by the Secretary of State for the purposes of this paragraph.’. Amendment No. 12, in page 42, line 10, leave out ‘thinks’ and insert ‘has reason to suspect’. Amendment No. 7, in page 43, line 9, leave out ‘thinks’ and insert ‘has reason to believe’. Government amendments Nos. 133 to 135. Government amendment Nos. 137 and 138. Government amendment No. 239. Government amendment No. 139.