Exercise 1:

The provisions of the Protection of Children (Scotland) Act 2003 only apply to statutory organisations.

The Disqualified from Working with Children List is maintained by the Chief Constable of each Scottish Police Force.

Only individuals who are convicted of a criminal offence against a child are referred to the List.

Access to the names of individuals who are on the List can be obtained via the internet.

The grounds for making a referral to the List are that an individual has harmed a child or placed a child at risk of harm.

The List is intended to hold the names of all individuals who are considered to be unsuitable to be work with children irrespective of their difficulties.

All individual cases of misconduct where an individual has been dismissed from a post must be referred to the List.

Child protection concerns involving a worker must always be reported to the child protection agencies and may be referred to Scottish Ministers at the same time.

Organisations do not have to refer an individual to the List where they have harmed a child or placed a child at risk of harm AND been dismissed or moved away from access to children as a consequence.

Organisations must not appoint any individual who is fully listed to any position.

Individuals who are fully listed will be committing an offence if they apply to work with children.

Organisations will be committing an offence if they fail to remove an individual from a child care post after discovering that the individual is fully listed.

Organisations that refer an individual to the List are protected from actions of defamation by Section 9 of the Act.

When Scottish Ministers receive a referral from the List they will automatically list the individual.

Individuals who are fully listed do not have a right of appeal.