A spokeswoman for the Executive said it would welcome any retrospective referrals of former employees, although there is no legal requirement for it, but 'it is ultimately for the employer to decide whether to make retrospective referrals'. She added that what would be critical would be 'the employer's ability to provide the full and robust evidence required in support of any referral, retrospective or otherwise'.
The move comes in the aftermath of the Soham murders trial. Following Ian Huntley's conviction last month, it emerged that he had faced a rape charge and allegations of indecently assaulting an 11-year-old girl and having sex with underage schoolgirls. Yet police checks had revealed none of these allegations before his employment at Soham Village College.
In Scotland, a list of those banned from working with children will be held by Disclosure Scotland, and it will be an offence to knowingly employ someone who is on the list.
There have been calls for employers to check whether current staff appear on the list. But Moira Small, chair of Early Education Scotland, said most organisations were already thorough in vetting. 'It is an on-going thing; we have always had to check staff. I think we are very careful,' she said.
The Executive will issue further guidance when the list begins in the spring. Under the Protection of Children (Scotland) Act 2003, due to come into force this year, the list will include not only those who have been convicted of an offence against a child but also those who have harmed a child or put a child at risk of harm and as a result have been dismissed or moved away from access to children. Appeal routes are available to individuals who are referred to the list.
For guidance see the website www.scotland.gov.uk/library5/social/pcain-00.asp.
