Protection of Children Act 1999, No. 14 (as amended)

The Protection of Children Act 1999 is a piece of legislation enacted in the United Kingdom with the primary aim of safeguarding children from potential harm and exploitation.

The main purpose of the Protection of Children Act 1999 is to establish a framework for enhanced vetting and barring procedures to ensure that individuals who are deemed unsuitable or pose a risk to children are prevented from working with them. It seeks to create a safer environment for children in various settings, such as schools, childcare facilities, and other institutions where they may be vulnerable to harm.

Requirements:

1. Enhanced Criminal Record Checks: The Act mandates that individuals seeking certain positions involving regular contact with children, such as teachers, healthcare professionals, and childcare workers, must undergo an enhanced criminal record check. This involves a thorough examination of an individual's criminal history, including any cautions or convictions.
2. Barred List: The Act established a "Barred List" of individuals who are prohibited from working with children. This list includes individuals who have been convicted of certain serious offenses or have been found unsuitable to work with children due to their behavior or history.
3. Prohibition Orders: The Act empowers relevant authorities to issue Prohibition Orders, which legally prevent individuals from engaging in regulated activities with children. These orders are typically applied to individuals who pose a significant risk to the welfare of children.

The Protection of Children Act 1999 applies to a wide range of individuals and organisations involved in activities that may bring them into contact with children. This includes, but is not limited to:

1. Teachers and Educational Staff: This category encompasses teachers, teaching assistants, and other educational professionals working in schools, colleges, and other educational settings.
2. Healthcare Professionals: It applies to healthcare workers, including doctors, nurses, and support staff, who work in settings where they may come into contact with children, such as hospitals, clinics, and pediatric facilities.
3. Social Workers: Those working in social services, child protection agencies, and related roles are subject to the Act's requirements.
4. Childcare Providers: Individuals employed in daycare centers, nurseries, and other childcare settings are covered by the Act.
5. Volunteers: The Act also extends to volunteers who work with children on a regular basis, requiring them to undergo appropriate checks.
6. Other Relevant Professionals: This may include individuals working in sports coaching, youth work, and any other roles that involve significant contact with children.

Overall, the Protection of Children Act 1999 serves as a crucial legal framework for safeguarding children by implementing rigorous vetting procedures and establishing mechanisms to bar individuals who may pose a risk to their well-being.

The Protection of Children Act 1999 outlines specific evidence requirements to ensure that individuals seeking positions involving regular contact with children undergo thorough vetting. These requirements are designed to establish a comprehensive understanding of an applicant's background, particularly in relation to any criminal history or behavior that might pose a risk to children. The key evidence requirements under the Act include:

1. Enhanced Criminal Record Check: This is a fundamental component of the Act's vetting process. An enhanced criminal record check involves obtaining a detailed report of an individual's criminal history, including both spent and unspent convictions, cautions, reprimands, and final warnings. This check is conducted by the Disclosure and Barring Service (DBS) in the UK.
2. Provision of Personal Details: Applicants are typically required to provide their full legal name, date of birth, current and previous addresses, and any other names or aliases they may have used in the past.
3. Consent and Authorisation: Individuals must provide their explicit consent for the enhanced criminal record check to be conducted. This authorisation is usually obtained through a signed consent form.
4. Fingerprinting and Biometric Data: In some cases, individuals may be required to provide fingerprints or other biometric data as part of the vetting process. This is to ensure accurate identification and prevent impersonation.
5. Previous Employment History: Applicants are often asked to provide details of their previous employment, including the names and addresses of employers, the nature of their roles, and the dates of employment. This information may be used to verify an applicant's work history.
6. References: The Act may require applicants to provide professional references from previous employers or supervisors. These references can help establish an applicant's suitability for working with children.
7. Disclosure of Relevant Offenses or Incidents: Applicants are typically required to disclose any relevant criminal convictions, cautions, or other incidents that may be of concern in relation to their suitability to work with children.
8. Self-Declaration of Barred List Status: Individuals are obligated to declare whether they are already on the Barred List, indicating that they have been previously prohibited from working with children.
9. Verification of Identity: Employers or relevant authorities may require applicants to provide proof of identity, such as a passport or national ID card, to ensure that the information provided is accurate.

It's important to note that the specific evidence requirements and procedures may vary depending on the nature of the role and the organisation conducting the checks. Additionally, compliance with the Act's evidence requirements is essential for individuals seeking positions that involve regular contact with children to ensure their suitability for such roles.