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.