Individuals named in the findings of certain inquiries
7.—(1) Paragraph (2) applies where—
(a)a relevant inquiry has been held;
(b)the report of the person who held the inquiry names an individual who is or has been employed in a child care position; and
(c)it appears to the Department from the report—
(i)that the person who held the inquiry found that the individual was guilty of relevant misconduct; and
(ii)that the individual is unsuitable to work with children.
(2) The Department—
(a)may provisionally include the individual in the list kept under Article 3; and
(b)if it does so, shall determine in accordance with paragraphs (3) to (5) whether the individual’s inclusion in the list should be confirmed.
(3) The Department shall—
(a)invite observations from the individual on the report, so far as relating to him, and, if the Department thinks fit, on any observations submitted under sub-paragraph (b); and
(b)invite observations from the relevant employer on any observations on the report and, if the Department thinks fit, on any other observations under sub-paragraph (a).
(4) Where the Department has considered the report, any observations submitted to it and any other information which it considers relevant, it shall confirm that individual’s inclusion in the list if paragraph (5) applies; otherwise it shall remove him from the list.
(5) This paragraph applies if the Department is of the opinion—
(a)that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and
(b)that the individual is unsuitable to work with children.
(6) In this Article—
“relevant employer” means the person who, at the time mentioned in the definition of “relevant misconduct” below, employed the individual in a child care position;
“relevant misconduct” means misconduct which harmed a child or placed a child at risk of harm and was committed (whether or not in the course of his employment) at a time when the individual was employed in a child care position.
(7) In this Article “relevant inquiry” means any of the following—
(a)an inquiry held under—
(i)Article 54 of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14);
(ii)Article 108 of the Education and Libraries (Northern Ireland) Order 1986 (NI 3);
(iii)Article 69 of the Adoption (Northern Ireland) Order 1987 (NI 22);
(iv)Article 152 of the Children Order;
(b)an inquiry to which the Tribunals of Inquiry (Evidence) Act 1921 (c. 7) applies;
(c)any other inquiry or hearing designated for the purposes of this Article by an order made by the Department subject to negative resolution.