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POCSA
Voluntary Sector Training Pack
And Guide

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PagesIn Module Two
The Bigger picture
Care and Protection Framework
Legal requirement
Additional InformationAdditional information
Youth Activities Checklist
ExercisesExercises
Exercise 3
Self AuditSelf Audit
Audit 2
 

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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