(1)A local authority may refer a relevant individual to the Secretary of State where, as a result of enquiries made, or caused to be made, by it under section 47 of the M1Children Act 1989, the authority considers that the individual has been guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm.
(2)Section 2(4) to (7) above shall apply in relation to a reference made by a local authority under subsection (1) above as it applies in relation to a reference made by an organisation under section 2(1) above.
(3)In this section—
“funded care” means care in respect of a person’s securing the provision of which the authority has made a payment under section 17A of the M2Children Act 1989 (direct payments);
“relevant individual” means an individual who is or has been employed to provide funded care to a child.
(4)The reference in subsection (1) above to misconduct is to misconduct which occurred after the commencement of this section.]
Textual Amendments
F1S. 2D inserted (1.4.2001 for E. and 1.7.2001 for W.) by 2000 c. 14, s. 98(1); S.I. 2001/1193, art. 2(2); S.I. 2001/2354, art. 2
Marginal Citations