http://www.legislation.gov.uk/ukpga/2000/14/section/99/enactedCare Standards Act 2000InspectionsKing's Printer of Acts of Parliament2021-08-03
Care StandardsCare Standards Act 2000s. 5(1)(a)(iii)Children and Young Persons Act 2008s. 4(2)(a)s. 6s. 44(4)art. 2(b)Care Standards Act 2000s. 23A-23D and cross-headingChildren’s Wellbeing and Schools Act 2026s. 14(2)s. 78(5)Care Standards Act 2000s. 21(5A)Children’s Wellbeing and Schools Act 2026s. 14(3)s. 78(5)
Part VIIProtection of children and vulnerable adultsThe list kept under section 1 of the 1999 ActTransfer from Consultancy Service Index of individuals named in past inquiries
99
1
Section 3 of the 1999 Act (inclusion in list on transfer from Consultancy Service Index) shall be amended as follows.
2
In subsection (1), for “This section” there shall be substituted “Subsections (2) and (3) below” and in paragraph (a), for “this section” there shall be substituted “section 1 above”.
3
After subsection (3) there shall be inserted—
4
Subsections (5) and (6) below apply where—
a
a relevant inquiry has been held;
b
the report of the person who held the inquiry names an individual who is or has been employed in a child care position;
c
it appears to the Secretary of State from the report—
i
that the person who held the inquiry found that the individual was guilty of relevant misconduct; and
ii
that the individual is unsuitable to work with children; and
d
the individual is included in the Consultancy Service Index (otherwise than provisionally) immediately before the commencement of section 1 above.
5
The Secretary of State shall—
a
invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b) below; and
b
invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a) above.
6
The Secretary of State shall include the individual in the list kept by him under section 1 above if, after he has considered the report, any observations submitted to him and any other information which he considers relevant, he is of the opinion—
a
that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and
b
that the individual is unsuitable to work with children.
7
In this section—
“relevant employer”, in relation to an individual named in the report of a relevant inquiry, means the person who, at the time referred to in the definition of “relevant misconduct” below, employed the individual in a child care position;
“relevant inquiry” has the same meaning as in section 2B above;
“relevant misconduct” means misconduct which harmed a child or placed a child at risk of harm and was committed (whether or not in the course of his employment) at a time when the individual was employed in a child care position.