Under the Child Protection (Scotland) Act 2003, employers such as nursery owners will be obliged to refer individuals who have been working with children, whether paid or not, on to the list if they harm a child or put a child at risk of harm, and are dismissed or moved away from access to children as a result. This obligation will also apply to childcare agencies.
The Disqualified from Working with Children List will also include those convicted of an offence against a child where the court considers them to be unsuitable to work with children.
The guidance, available on www.scotland.gov.uk,explains that the Scottish Commission for the Regulation of Care, the Scottish Social Services Council and the General Teaching Council will also be able to make referrals to the List.
If the initial assessment is that it may be appropriate to include a referral on the List, the person will be provisionally included while further consideration is given to the case. Provisional listing does not bar a person from working with children but will be notified in disclosures for childcare positions.
In normal circumstances the period of provisional listing should not exceed six months.
Deputy minister Euan Robson explained, 'Once on the List, it will be an offence for that person to work with children. Organisations will also commit an offence if they employ them in a childcare position.'
