Making a referral to the List

A referral to the List is made in a written report (reference). Only individuals who ‘work’ in child care positions (as defined by Schedule 2 of the Act) and meet the grounds for referral, should be referred to Scottish Ministers for consideration for inclusion on the List. As stressed throughout this Pack, both paid and volunteer workers can be referred to the List where the above grounds are met.

Scottish Ministers will follow a number of very detailed steps when they receive a reference about an individual. These steps include giving the individual (who is the subject of the reference) opportunities to respond to the content of the reference. Scottish Ministers may also seek clarification on the content of the reference from the source of the referral.

The organisation or individual which makes the referral is not required to send a copy of the reference to the individual who is the subject of the reference. This responsibility rests with the Scottish Ministers.

Before listing the person provisionally, Scottish Ministers will dismiss the reference if they are satisfied that:

it is vexatious or frivolous;
it is made otherwise than in accordance with sections 2(1) or 4(1) of the Act (i.e. that it does not meet the grounds for referral to the List);
there is no information with the reference to indicate that it may be appropriate for the individual to be included in the List.

Referral Pro-forma

The pro-forma for making a written report (reference) is provided in the Scottish Executive

“Protection of Children (Scotland) Act 2003 – Guidance for Organisations ": Annex B

Copies available from Blackwells Bookshop by telephoning 0131 622 8283 or 0131 622 8258, accessing the publications section of the Scottish Executive website www.scotland.gov.uk or from the CRBS