Department of Health list

I13 Inclusion in list on transfer from Consultancy Service Index.

1

F1Subsections (2) and (3) belowapplies where—

a

an individual is included in the Consultancy Service Index (otherwise than provisionally) immediately before the commencement of F2section 1 above;

b

he was so included on a reference made to the Secretary of State by an organisation; and

c

any of the conditions mentioned in section 2(2)(a) to (c) above, or the condition mentioned in section 2(3) above, was fulfilled in relation to that reference.

2

If it appears from the information submitted with the reference that it may be appropriate for the individual to be included in the list kept by the Secretary of State under section 1 above, the Secretary of State shall—

a

invite observations from the individual on the information submitted with the reference and, if he thinks fit, on any observations submitted under paragraph (b) below; and

b

invite observations from the organisation on any observations on the information submitted with the reference and, if he thinks fit, on any other observations under paragraph (a) above.

3

The Secretary of State shall include the individual in the list kept by him under section 1 above if, after he has considered the information submitted with the reference, any observations submitted to him and any other information which he considers relevant, he is of the opinion—

a

that the organisation reasonably considered the individual to be guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; and

b

that the individual is unsuitable to work with children.

F34

Subsections (5) and (6) below apply 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;

c

it appears to the Secretary of State 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; and

d

the individual is included in the Consultancy Service Index (otherwise than provisionally) immediately before the commencement of section 1 above.

5

The Secretary of State shall—

a

invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b) below; and

b

invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a) above.

6

The Secretary of State shall include the individual in the list kept by him under section 1 above if, after he has considered the report, any observations submitted to him and any other information which he considers relevant, he 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.

7

In this section—

  • relevant employer”, in relation to an individual named in the report of a relevant inquiry, means the person who, at the time referred to in the definition of “relevant misconduct” below, employed the individual in a child care position;

  • relevant inquiry” has the same meaning as in section 2B above;

  • 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.