PRELIMINARY NOTE: The notes below are largely superceded (from 2009/2010) by changes being made by and under the Safeguarding Vulnerable Groups Act 2006 (see notes at Acts of Parliament etc/Safeguarding Vulnerable Groups Act 2006

Protection of Children Act 1999 ("POCA"), as amended by the Care Standards Act 2000, is designed to create a cross-sector system for identifying people unsuitable to work with children and to provide a "one stop shop" to compel or allow employers to access a single point for checking the names of people they propose to employ in a post involving the care of children, through the gateway of the Criminal Records Bureau.

The Act makes appropriate provision by requiring the Secretary of State to "keep a list of individuals who are considered unsuitable to work with children" (s.1) - commonly called the "POCA" list. The Act extends to England and Wales. Under the Act, Local and Health authorities, NHS and Primary Care Trusts, and other regulated childcare organisations are obliged to check employees (whether paid or voluntary) against the list. The Scottish Executive has similar proposals (under which it will be a criminal offence for those on the Scottish version of the index, as well as those convicted of serious offences against children, to work with children and under which employers will notify the Executive of people they judge should be considered for inclusion on the index, and consult it when considering offering employment in a position working with children - see 2001/06/04 - Scottish Executive Press Release "Protecting Scottish children - index of unsuitable adults gets green light").

The four main changes made by the Act are:-

• to arrangements for the DHSS "Consultancy Index List" of people considered unsuitable to work with children;
  
• to arrangements for the DfEE "List 99" of people considered unsuitable to be teachers;
  
• to enable the new Criminal Records Bureau to disclose information about people who are included on either list along with their criminal records.
  
• to require child care organisations to make checks of the above before employing child carers. Child care organisations affected are those whose "activities are regulated by or by virtue of an enactment prescribed by the Secretary of State" - as to which see the Protection of Children (Child Care Organisations) Regulations 2000, SI 2000/2432.

The Protection of Children Act 1999 (see ACTS OF PARLIAMENT etc/Protection of Children Act 1999 ) and the Education (Prohibition from Teaching or Working with Children) Regulations 2003, SI 2003/1184 (as amended by the Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations 2004 SI 2004/1493) set out grounds on which teachers can be refused employment. See Children and young persons/vetting job applicants for general relevant notes.

The Criminal Justice and Court Services Act 2000, relevant parts of which came into force on 11th January 2001, gives the courts power to make orders disqualifying persons who are convicted of serious offences from working with children (see notes at Acts of Parliament etc/Criminal Justice and Court Services Act 2000 ).

On 19th January 2006 Ruth Kelly, the Education Secretary, announced a complete overhaul of the system by which schools, supply agencies and other employers vet and approve staff working in schools (see 2006/01/19 - DfES (now DCFS) Press Release "Improving recruitment practices - safeguarding our children"). This led to the Safeguarding Vulnerable Groups Act 2006 (see notes at Acts of Parliament etc/Safeguarding Vulnerable Groups Act 2006

See also general notes at Criminal law aspects/vetting of job applicants and/or Children and young persons/vetting job applicants and/or Criminal law aspects/Rehabilitation of Offenders Act/exceptions and/or Criminal law aspects/OFFENCES UNDER EMPLOYMENT LEGISLATION/children for general relevant notes.