The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

Employment agencies, nursing agencies and employment businesses: duty to refer

37.—(1) A person who carries on an employment agency or a nursing agency (“the provider”) shall refer a supply worker to the Department if—

(a) the provider has decided not to do any further business with the worker on the grounds of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult; or

(b) the provider has decided on such grounds not to find the worker further employment, or supply him for further employment, in a care position.

(2) A person who carries on an employment business (“the provider”) shall refer a supply worker to the Department if—

(a) the provider has dismissed the worker on the grounds of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult;

(b) the worker has resigned, retired or been made redundant in circumstances such that the provider would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned, retired or been made redundant; or

(c) the provider has, on such grounds, decided not to supply the worker for further employment in a care position.

(3) If it appears from the information submitted with a reference under paragraph (1) or (2) that it may be appropriate for the worker to be included in the list kept under Article 35, the Department shall—

(a) determine the reference in accordance with paragraphs (4) to (6); and

(b) pending that determination, provisionally include the worker in the list.

(4) The Department shall—

(a) invite observations from the worker on the information submitted with the reference and, if it thinks fit, on any observations submitted under sub-paragraph (b); and

(b) invite observations from the provider on any observations on the information submitted with the reference and, if it thinks fit, on any other observations under sub-paragraph (a).

(5) Where the Department has considered the information submitted with the reference, any observations submitted to it and any other information which it considers relevant, the Department shall confirm the worker’s inclusion in the list if paragraph (6) applies; otherwise it shall remove him from the list.

(6) This paragraph applies if the Department is of the opinion—

(a) that the provider reasonably considered the worker to be guilty of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult; and

(b) that the worker is unsuitable to work with vulnerable adults.