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Legal requirement:
Is my organisation legally required to put in place the recommended
care and protection framework?
Under the Act your organisation is legally required to do three things;
namely to:
- ensure that an individual who is appointed to a child care position
(as defined under Schedule 2) is not fully listed.
- refer an individual to the List where the grounds
for a referral are met
- remove an individual worker from a child care position if
it is found, at a date following their
appointment,
that they are
fully listed.
However, in order to do these three things appropriately, your organisation
will (for example) need to:
- undertake Disclosure checks (see the role
of crbs) for all
workers appointed to child care positions; see the
role of crbs
- be able to justify any referral made to the List; see making
a referral to the list
- be able to justify any decision to dismiss or remove a worker
from access to children and young people - this is particularly the
case for paid workers who will normally
have rights under employment law. See making
a referral to the list
Being able to do any of these things effectively without guidelines
and procedures will be very difficult for an organisation. This is why
it is important that organisations aim to develop a care and protection
framework.
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