Care Standards Act 2000 Explanatory Notes

Section 95 Inclusion in 1999 Act list on reference by certain authorities

250.Section 95 provides analogous powers to section 84 by amending PoCA to allow the Commission, the Assembly and Her Majesty’s Chief Inspector of Schools in England to refer child care workers to the Secretary of State. This power would be used when these bodies, in the course of their duties, come across child care workers who they consider to be guilty of misconduct which has harmed, or risked harm to children and who have not been referred to the Secretary of State by their employers. This misconduct need not necessarily be committed in the course of their employment. This power would be used, for example, in cases where employers, for whatever reason, had not fulfilled their responsibilities under PoCA, to refer workers guilty of misconduct to the Secretary of State.

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