Agenda Item No.
HERTFORDSHIRE COUNTY COUNCIL
CHILDREN’S SERVICES PANEL
TUESDAY 24 JANUARY 2006 AT 10.00A.M.
8
SAFEGUARDING – LIST 99 AND VETTING ARRANGEMENTS FOR
THOSE WORKING IN SCHOOLS.
Report of the Director of Children, Schools and Families
Author: Tel: Executive Members: -
1.
Carol Taylor
01992 556937/35
Jane Pitman
Robert Gordon
Purpose of the report
The purpose of this report is to inform members of the issues regarding
List 99 and vetting arrangements for staff working in schools.
2.
Summary
This report:
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3.
Outlines the complex legislative and guidance framework
associated with staff vetting issues.
Clarifies some misinformation recently reported in the media.
Advises of the current position in Hertfordshire schools regarding
employment of those having convictions for sexual offences against
children.
Summarizes the key issues and changes proposed by the
Secretary of State in her statement to Parliament on 19th January
2006.
Outlines immediate actions taken by CSF.
Conclusions
The panel is asked to:

Note the content of the report and actions taken by CSF to ensure
immediate compliance with the DfES proposals.
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4.
Background
There are a number of processes and procedures used nationally to
track sex offenders and adults who generally have been deemed as
unsuitable to work with children and young people. These are:
4.1
List 99 - held by DfES and contains the names of those who have
been found to be unfit to work in schools. It includes those considered
to be a risk to the welfare or safety of children, including those
convicted for other crimes such as fraud or deception and those
deemed unfit on medical grounds as well as those convicted or alleged
to have harmed children physically or sexually. List 99 is checked as
part of an Enhanced Criminal Record Bureau (CRB) check when
"working with children" box is ticked on CRB application form. The
final decision about inclusion on List 99 will be made by the Minister
and their civil servants.
The only mandatory requirement at present is for schools to check List
99. As a result of the Bichard Inquiry this now automatically triggers a
check of the PoCA List. It is a criminal offence to employ anyone on
List 99 in an education setting or for an individual to seek employment
in such a setting.
4.2
Protection of Children Act List (PoCA) - held by DfES and contains
the names of those considered to be unfit to work with children in
childcare settings. Came into force in October 2000. List is checked as
part of an Enhanced CRB check when" working with children" box is
ticked on CRB application form.
4.3
Protection of Vulnerable Adult List (PoVA) - administered by the
DfES and contains the names of those considered to be unfit to work
with adults. Came into force 26.7.04. List is checked as part of
Enhanced CRB check when "working with adults" box is ticked on CRB
form.
4.4
Sex Offenders Register - held by police and came into force on
1.9.97. Part of the Multi-agency Public Protection process (MAPPP)
and includes those convicted or cautioned of sexual offences against
adults as well as children. Those on the Register are monitored by
police and probation according to the risk they pose. They are required
to report to police and advise of any change of address. Details of their
place of work would also be required by the police.
Referrals can be made to List 99, PoCA and PoVA lists of those about
whom there are concerns, but who have not necessarily been
convicted of criminal offences.
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4.5
Enhanced CRB Check
Before Social Care staff are allowed to work with children and young
people, they are expected to have had an enhanced CRB check.
This check comprises of:Search in the Police National Computer (spent and unspent
convictions, cautions and warnings)
Checking List 99, PoCA and PoVA as above
Receiving local police intelligence including non-conviction information.
This includes details of allegations and investigations of child abuse
and related crimes, not proceeding to conviction.
It should be noted that:
(i) In order for a caution to be administered by the police, an
admission of guilt is required. A caution therefore carries
the same weight as a conviction.
(ii) The Rehabilitation of Offenders Act 1974 (Exceptions)
Order 1975 details the posts where employees can be
asked about spent convictions. All school employees and
volunteers are covered by the Order, with the result that all
relevant convictions are listed in a CRB check.
HCC carries out CRB checks at the Enhanced level and ticks both the
"working with children" and the “working with adults" box.
4.6
The Bichard Inquiry reported in June 2004 following the Soham
murder case for which Ian Huntley was convicted.
This Inquiry
recommended that List 99 and the PoCA list should be amalgamated.
It has been incorrectly reported in the press that it was the
amalgamation of List 99 and the Sex Offenders Register which was
recommended. The Bichard Inquiry also pointed out that the three
lists had different criteria and processes and all relied on decisions
being made within the DfES by Ministers and civil servants.
In
practice the threshold for inclusion on List 99 has always been higher
than that for inclusion on the PoCA List. There is no right of appeal
from local authorities if a name is not included on one of the lists. There
is a right of appeal for those whose names are referred to these lists
via the Care Standards Tribunal.
5
Hertfordshire Position
5.1
Since the introduction of CRB checks in April 2002 there have been
none which have shown anyone on the Sex Offenders Register or with
convictions for sexual offences against children.
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5.2
Advice to any school is not to employ anyone with a conviction for
sexual offences against children. Appointing decisions rest with the
school (technically with the governing body) rather than with HCC,
except where an applicant does not meet qualification requirements or
has a List 99 prohibition.
5.3
Between December 1992 and December 2005 Hertfordshire made 68
referrals to List 99. Not all of these are teachers. Referrals relate to
different levels of serious and gross misconduct and not all to concerns
regarding sexual conduct. Eleven of these referrals have been
included on List 99 and another three persons have had restrictions
placed on their area of work.
5.4
An audit of new staff employed by schools undertaken by Human
Resources CSF in November 2005, raised concerns that Enhanced
CRB checks had not been undertaken for all staff. An action plan was
put in place, advice to schools was reviewed and updated and schools
were advised to urgently address this matter. With the greater
autonomy for schools suggested in the Education White Paper this will
be an ongoing issue.
5.5
Fourteen schools do not buy into HCC Human Resources services and
we therefore have no direct means of verifiying that all their staff have
been CRB checked. HCC do undertake the CRB checks for staff at
these schools if asked and provide advice and regular bulletins.
5.6
By strongly advising that all schools should undertake CRB checks as
well as the mandatory List 99 check on all staff, we ensure that all
information known to police is available. This provides a more
comprehensive check than List 99.
5.7
Schools are strongly recommended to take up thorough written and
verbal reference checks, and to scrutinise the employment history of
job applicants to ensure there are no gaps, and to check qualifications
as appropriate.
5.8
Government guidance has been issued by the DfES on safe
recruitment and preventing unsuitable people from working with
children. As an authority we provide extensive recruitment support for
Hertfordshire Schools and regularly issue them with updated guidance.
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6.
Key Issues and Changes Proposed by the Secretary of State on
19.1.06
On the 19th January 2006 the Secretary of State set out some key
issues and recommendations. These are:
6.1
Anyone convicted or cautioned for sexual offences against children,
whether the individual is on the Sex Offenders Register or not, will be
barred from working with children.
6.2
New regulations will ensure that such persons are automatically placed
on List 99.
6.3
Other serious sexual assaults committed against adults will also
require offenders to be placed on List 99, although they will have the
right of appeal.
6.4
New legislation will bring together List 99 and the Protection of Children
Act List into a single register of those barred to work with children.
This will include a centralised Vetting and Barring System as
recommended by the Bichard Inquiry.
6.5
The present vetting system will come under inspection by Ofsted, who
will evaluate the practice in a sample of schools, during the Spring
term.
6.6
Staff at the DfES who are part of the current vetting system will receive
training and advice in child protection issues.
6.7
Legislation will be introduced to remove Ministers from the vetting
process and replace them with independent experts.
6.8
An independent panel of experts will immediately begin to oversee the
whole List 99 process and will review all those referred to List 99 for
sexual offences or allegations which did not result in that individual
being placed on List 99 or being partial barred or restricted.
6.9
Consideration will be given to strengthening the requirements for
supply agencies to undertaken CRB checks and to improving
safeguarding with respect to foreign nationals.
6.10
Government will be writing to all schools, Chief Constables, Chief
Officers of Probation and the Youth Justice Board to re-state how the
present system works and how the new process will operate.
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7.
Actions taken by CSF in response to Secretary of State's
Proposals
7.1
A Briefing went to all Headteachers by email on 20.1.06 detailing the
immediate consequences for schools of the Secretary of State's
proposals.
7.2
Schools have been reminded of their responsibilities in relation to those
staff employed via supply agencies to ensure CRB checks have been
completed and to see the applicant's copy of the CRB check.
7.3
Additional advice has been given in relation to Newly Qualified
Teachers.
7.4
Schools will receive in the school post, week beginning 23.1.06 a
laminated "Quick Guide for Schools" which explains who needs a CRB
check.
8.
Conclusion
8.1
Immediate action has been taken to ensure schools are aware of the
consequences of the changes to vetting arrangements for school
based staff, from DfES.
8.2
As further legislation and guidance is received this will be incorporated
into relevant CSF Policies, guidance and practice.
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