Care Standards Act 2000 Explanatory Notes

Restrictions on working with children in independent schools

Section 100  Additional ground of complaint

257.Section 100 amends the Education Act 1996 so as to provide for the disqualification from working in an independent school of persons who are unsuitable to work with children. A right of appeal to an Independent Schools Tribunal is given in subsection (2) against a proposal by the Secretary of State to disqualify a person on those grounds.

Section 101  Effect of inclusion in 1996 Act list

258.Section 101 amends PoCA so as to require child care organisations, when proposing to offer employment in a child care position, to check that the person they are intending to take on is not disqualified from working in independent schools on those grounds. If he is, they are prohibited from taking him on in that position.

Section 102 Searches of 1996 Act list

259.It is intended that, when Part V of the Police Act 1997, which provides for the Criminal Records Bureau, comes into force, checks against the exclusion list established under PoCA can be made through that mechanism. Section 102 makes amendments to the Police Act 1997 to enable the checks provided for in the sections 100 and 101 above, to be made under the provisions of Part V of the Police Act when it comes into force.

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