The Protection of Children (Scotland) Act 2003 Determination Regulations 2004

Information to be submitted with a reference

1.  Where a reference is made by a referring body in terms of sections 2(1) and 4(1) of the Act, the following information shall, if known or available to the referring body, be submitted with that reference–

(a)identity details relating to the individual, including the individual’s full name and any other names by which the individual is, or has been known; any address or addresses at which the individual is or has been resident in the 10 years preceding the date of the reference; the individual’s date and place of birth and National Insurance number;

(b)information as to any checks carried out by the referring body to verify the individual’s identity;

(c)details as to the child care position held by the individual;

(d)full details of the circumstances in which the referring body considers that the individual harmed a child or placed a child at risk of harm;

(e)where the reference is made in terms of section 2(1) of the Act, details of any circumstance referred to in section 2(3) or (4) of the Act;

(f)details of any investigation carried out by the referring body, any documentation relevant to that investigation and the conclusions of such investigation;

(g)information as to any relevant disciplinary policies or practices or conditions of employment of the referring body;

(h)details of all relevant action taken by the referring body prior to making the reference;

(i)information as to the involvement of any other organisation or body in matters relating to the reference; and

(j)details of any associated disciplinary appeal or legal proceedings.