Education (Restriction of Employment) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Education (Teachers) Regulations 1993 and make fresh provision for the restriction of the employment of persons as teachers or workers with children or young persons.

They provide for a person’s relevant employment to be prohibited or restricted on four grounds: medical grounds, misconduct, that he is not a fit and proper person to be employed as a teacher or in work that brings him into contact with children or young persons, or that he has been placed on the list of people considered unsuitable to work with children kept by the Secretary of State for Health under section 1 of the Protection of Children Act 1999 (“the Department of Health List”).

The Regulations enable the Secretary of State to direct an employer of a person in relevant employment to terminate that person’s employment or make his continued employment subject to certain conditions, and to direct that he is not to be employed in the future in relevant employment or is only to be employed under certain conditions. Where a person is found not to be a fit and proper person to work with children or young persons or where he is on the Department of Health List, the Secretary of State must prohibit him from relevant employment (regulation 5).

Where a person appears to the Secretary of State to be in relevant employment he is to consult that person’s employer before exercising his powers (regulation 6).

A person other than one on the Department of Health List may make representations and submit evidence or information for the Secretary of State’s consideration within 2 months of being notified of the opportunity to do so or, where he has good reasons for not doing so within that period, such further period as the Secretary of State decides. If the Secretary of State is unable to ascertain the person’s whereabouts, the regulation does not apply (regulation 7).

A person may be required to undergo a medical examination by a doctor appointed by the Secretary of State. The person may submit his own evidence to the doctor prior to, and may have his own doctor present at, the examination (regulation 8).

A person is automatically prohibited from relevant employment if he is convicted of an offence set out in Schedule 2 if he was aged 18 or over and in relevant employment before or at the time it was committed or he was convicted. Such a prohibition must be made on the grounds that the person is not a fit and proper person to be a teacher or worker with children or young persons. A person is also automatically prohibited from relevant employment if he is on the Department of Health List (regulation 9).

The governing body of a school or further education institution, the local education authority for that school or institution and the proprietor of an independent school must take reasonably practicable steps to prevent a person who is subject to a direction under these Regulations, but not in relevant employment, from providing services in relation to that school or institution or to those attending it which would bring him regularly into contact with children or young persons (regulation 10).

Where a person is dismissed from relevant employment on grounds of misconduct, or where he resigns in circumstances in which he would have been so dismissed, his employer must report the facts of the case and provide such further information as relates to the circumstances of the dismissal or resignation to the Secretary of State (regulation 11).

Unless a person is prohibited from relevant employment because he is on the Department of Health List, he may seek a review of the direction made against him and the Secretary of State may revoke or vary the direction if there is new relevant information or evidence of a material change in the person’s circumstances (regulation 12).

An appeal to the Tribunal established under section 9 of the Protection of Children Act 1999 may be brought by a person to whom a direction has been given by the Secretary of State. An appeal does not lie against a direction given by the Secretary of State where a person has been automatically prohibited from relevant employment or against a refusal by the Secretary of State to revoke or vary a direction where a person is on the Department of Health List. If the person is relying on new relevant information or evidence of a material change in his circumstances, he must seek a review under regulation 12 before appealing to the Tribunal. A person who has been convicted of an offence involving misconduct cannot challenge on appeal any finding of fact upon which his conviction is based (regulation 13).

Where the Tribunal considers that the direction is not appropriate it may order the Secretary of State to revoke or vary the direction (regulation 14).