From 20 January 2009, organisations in England
and Wales must make any referral under the
Protection of Children Act (PoCA), the Protection of Vulnerable
Adults (PoVA) or for referrals in England, under List 99 to the
ISA. Welsh List 99 referrals will continue to be sent to the Welsh
Assembly Government.
From 13 March 2009, organisations in Northern
Ireland must make referrals under the Protection of Children and
Vulnerable Adults (Northern Ireland) Order 2003 (POCVA) and the
Education (Prohibition from Teaching or Working with Children
Regulations (Northern Ireland) 2007 to the ISA.
In most cases the only change to your current
practices will be a change of address to which referral forms
should be sent.
However, there are some legislative changes as
detailed below.
- employers in the education sector in England
and Wales cease to make misconduct referrals to the Department,
Children, Schools and Families (DCSF). Misconduct referrals
on teachers (i.e. not child-protection related) must go to the
relevant General Teaching Council (GTC). The addresses for
referrals to the GTC is:
General Teaching Council for
England
Whittington House
19-30 Alfred Place
London
WC1E 7EA
General Teaching Council for
Wales
4th Floor
Southgate House
Wood Street
Cardiff
CF10 1EW
- automatic barring of those newly convicted or
cautioned for specified more serious offences (which now only
happens under List 99) will be extended to include both the
workforces from which persons are barred by current schemes;
- provisional listing in relation to new PoCA
and PoVA cases will stop. Therefore it is even more important
to take up references and look into career history, to ensure that
you understand why a job applicant left previous employment;
and
- Employers, regulatory bodies, supervisory bodies and local
authorities will have a duty to respond to requests from the ISA
for further information, where that information is already
held.
Education employers in Northern Ireland are
asked to note that misconduct referrals, which are not child
protection related, should continue to be made to the Department of
Education.
Further Guidance
England and Wales
Full guidance on how to refer an individual to
List 99, PoCA or PoVA, taking account of these changes, can be
found on the DCSF and DH websites at:
http://publications.teachernet.gov.uk/eOrderingDownload/PoCA.doc
(PoCA)
http://www.everychildmatters.gov.uk/_files/AE53C8F9D7AEB1B23E403514A6C1B17D.pdf
(For List 99 - Paragraphs 12.33 to 12.36)
http://www.dh.gov.uk/en/SocialCare/Deliveringadultsocialcare/Vulnerableadults/index.htm
(PoVA)
Northern Ireland
Full guidance on how to refer an individual
the POCVA and Unsuitable Person’s Lists, taking account of these
changes, can be found on the DHSSPS website at: http://www.dhsspsni.gov.uk/child_protection_guidance
To refer an individual to the ISA after 20
January 2009 [England and Wales] or after 13 March 2009 [Northern
Ireland], or if you have a query about an existing referral please
see the ‘contact us’ section.
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