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4 February 2004

NEW CHILD PROTECTION LEGISLATION – INFORMATION NOTE FOR CHILDREN’S ORGANISATIONS

Minister with responsibility for Health, Social Services and Public Safety, Angela Smith, MP, today announced the publication of an Information Note on new child protection legislation, the Protection of Children and Vulnerable Adults Order (2003), brought forward by her Department. The Note is intended to be the first in a series of Notes, relating to the Order, which will be issued by the Department. The first Note in the series is being issued to children’s organisations in advance of Order being commenced later this year.

Commenting on the Order, Angela Smith said: "This legislation is designed to offer greater protection to children and vulnerable adults by placing specific requirements on certain organisations which work with them. It will place our current arrangements, known as the Pre-Employment Consultancy Service (PECS), on a statutory basis and will introduce new criminal offences of seeking or offering work to individuals disqualified under the legislation. I am keen to see the legislation commenced and it is our intention to manage commencement in stages, starting with parts of the Order which relate to children later this year."

Commenting on the publication, the Minister said: "The Information Note published today is designed to help organisations working with children to understand the legislation and to consider the implications it will have for them. It is also intended to enable organisations to make the necessary preparations in advance of the Order being commenced."

The Minister said: "Recent traumatic and highly publicised events, involving children, are stark reminders of our responsibility to offer them protection. The Protection of Children and Vulnerable Adults Order is part of a package of measures introduced by my Department designed to help us fulfil that responsibility to children, especially in situations where they are away from home."

The Note sets out the main provisions of the Order which relate to those working with children. It outlines, for example, the requirements for certain children’s organisations to carry out pre-employment checks on those they employ and to report individuals found to be unsuitable to work with children.

It also provides information on a system of accreditation, an appeals process, criminal offences and court-imposed disqualification Orders, all of which will be introduced by the legislation. The Note will be issued widely to children’s organisations operating in the statutory, voluntary and community sectors and it is also available on the Department’s website at http://www.dhsspsni.gov.uk/

from where it can be downloaded.

Notes to Editors:

  1. The DHSSPS will be disseminating 40,000 copies of The Protection of Children & Vulnerable Adults Order (2003) - Information Note 1 - Disqualification from Working with Children to all 600 registered users of the Pre Employment Consultancy Service, to MPs and former MLAs, and widely to children’s organisations operating in the statutory, voluntary and community sector.

    2. Protection of Children & Vulnerable Adults (Northern Ireland) Order (2003)

  2. The Protection of Children & Vulnerable Adults (Northern Ireland) Order (2003) received Royal Assent on 27 February 2003 and it intended to commence those parts of the Order, which relate to those working with children, in November 2004. In summary, the Order will place our current pre-employment checking arrangements, known as the Pre-Employment Consultancy Service (PECS), on a statutory basis.

  3. PECS is operated by DHSS&PS and a request for a PECS check involves checks against criminal records, records held in relation to those banned from working in schools and the PECS Register. The PECS Register is compiled from information provided by statutory and voluntary organisations in relation to workers who have been dismissed, or who have resigned, or who have been transferred - in circumstances where it is considered that they posed a risk to children or adults with a learning disability. The decision to place a name on the Register is made by DHSSPS in consultation with the Social Services Inspectorate.

  4. It is intended that by placing arrangements on a statutory basis we will provide enhanced safeguards for children and vulnerable adults, e.g. child care organisations and providers of care to vulnerable adults will be required to have checks carried out on prospective employees. It will be an offence to work with children while subject to a disqualification order or whilst on the statutory lists established by the new legislation. Organisations that knowingly offer employment to a person on the statutory lists, or a person who is the subject of a disqualification order, will also be guilty of an offence. It will also be a requirement for child care organisations and providers of care to vulnerable adults to refer the names of individuals found guilty of misconduct involving these vulnerable groups. After consideration of these cases by the Department, such individuals may have their names added to the statutory lists. They will have the right to appeal against the decision to list and to have their cases reviewed after a nominated period. Both the appeal and review will be heard by an independent tribunal.

  5. The other main provisions include a voluntary accreditation scheme and a whistle-blowing facility. Accreditation is aimed at the non-regulated sector providing services to children. Organisations applying for accredited status under this scheme will have placed upon them the same requirements to carry out checks and to refer to the Department the names of individuals guilty of misconduct involving children. Whistle-blowing will make it possible for individuals and child care organisations to bring to the attention of the Department instances of non-compliance with the legislative requirements to carry out checks and to refer.

  6. In summary the legislation introduces:
  • statutory lists to replace the existing PECS Register;
  • a requirement for child care organisations and providers of care to vulnerable adults to carry out checks on those seeking work with either of these vulnerable groups;
  • a requirement to refer the names of individuals found guilty of misconduct which harms a child or vulnerable adult or places either at risk of harm;
  • court imposed disqualification orders which will prevent an individual subject to such an order from working with children;
  • an offence of working whilst disqualified under the legislation;
  • an offences of offering or providing work to a disqualified individual;
  • a voluntary accreditation scheme aimed at the non-regulated child care sector;
  • a whistle-blowing facility;
  • a right to appeal to an independent tribunal.

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