Child protection laws get tougher

Now an offence to take on disqualified employee or volunteer

News, 13 April 2005

Tougher child protection measures have come into force this week.

The new provisions are designed to prevent unsuitable people working with children, in paid or voluntary work, but they should not deter adults from volunteering to work with children, according to Deputy Education Minister Euan Robson.

Initially, the Protection of Children Act applies to new volunteers and staff working with children. Existing volunteers and staff will be unaffected.

Mr Robson said: "This legislation is designed to help protect our children from those who might do them harm, not prevent people from volunteering.

"Voluntary organisations and volunteers throughout Scotland provide children with valuable activities, friendship, support and life experiences. That's why we have listened to the concerns of some of the voluntary sector and produced extra guidance to help them understand and comply with this legislation.

"This is not another layer of red tape. It is an additional safeguard that ensures unsuitable people can no longer move to a new job working with children."

The Protection of Children (Scotland) Act 2003 provides for ministers to maintain the Disqualified from Working with Children List. Since 10 January 2005 someone who is disqualified commits an offence if they apply to work in a childcare position (paid or unpaid) or continue to work in a childcare position having been disqualified. Disclosure Scotland has been checking the Disqualified from Working with Children List and including any information from the list on disclosures for childcare posts.

From 11 April it is an offence for an organisation to offer work (paid or unpaid) in a child care position to anyone who is disqualified from working with children.

These provisions were delayed at the request of the voluntary sector, to allow it more time to prepare. They apply when someone new to the organisation is offered work in a child care position and when someone already in the organisation is moved into a child care position for the first time.