Education (Prohibition from Teaching or Working with Children) Regulations 2003
2003 No. 1184
EDUCATION, ENGLAND AND WALES
Education (Prohibition from Teaching or Working with Children) Regulations 2003
Made 29th April 2003
Laid before Parliament 6th May 2003
Coming into force 1st June 2003
The Secretary of State for Education and Skills, in exercise of the powers conferred upon him by sections 142, 144, 210 and 214 of the Education Act 20021and sections 15, 15A and 42 of the Teaching and Higher Education Act 19982, hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Education (Prohibition from Teaching or Working with Children) Regulations 2003.
(2) These Regulations shall come into force on 1st June 2003.
(3) Subject to paragraph (4), these Regulations shall apply to England and Wales.
(4) Regulation 4 does not apply to Wales.
Interpretation
2. In these Regulations—
“the 1998 Act” means the Teaching and Higher Education Act 1998;
“the 2002 Act” means the Education Act 2002;
“the 2000 Regulations” means the Education (Restriction of Employment) Regulations 20003;
“agent” has the meaning given by section 15A(1) of the 1998 Act;
“arrangements” means arrangements of the kind referred to in section 15A(1) of the 1998 Act for a worker to carry out work in England;
“certificate of conviction” has the meaning given by section 73(2) of the Police and Criminal Evidence Act 19844;
“child” has the meaning given by section 142(9) of the 2002 Act;
“disqualification order” means an order under section 28 or 29 of the Criminal Justice and Court Services Act 20005;
“relevant date” has the same meaning as in section 33(6) of the Criminal Justice and Court Services Act 2000;
“relevant employer” has the meaning given by section 142(9) of the 2002 Act;
“relevant issue” means an issue which arises where the circumstances of the case, including occasions of conduct other than that in question, are such as to raise an issue concerning the safety and welfare of children;
“relevant offence” has the same meaning as in Schedule 2 to the 1998 Act;
“services” means services provided to a relevant employer in England and includes professional and voluntary services;
“Tribunal” means the tribunal established under section 9 of the Protection of Children Act 19996; and
“worker” has the meaning given by section 15A(1) of the 1998 Act.
Revocations, transitional and modifying provisions
3.—(1) The 2000 Regulations and the Education (Restriction of Employment) (Amendment) Regulations 20017are revoked.
(2) Any prohibition or restriction on a person’s employment in force immediately before 1st June 2003 which—
(a)
(a) is contained in a direction under regulation 5 of the 2000 Regulations; or
(b)
(b) has effect, by virtue of regulation 2 of the 2000 Regulations, as if so contained,
shall have effect as if it were contained in a direction under section 142 of the 2002 Act.
(3) Any such direction given on the grounds that the person concerned is not a fit and proper person to be employed as a teacher or worker with children or young persons shall have effect as if it were given on the grounds that the person is unsuitable to work with children.
(4) Subject to paragraph (5), any order disqualifying a person from being the proprietor of any independent school or (as the case may be) from being a teacher or other employee in any school made under section 470 or 471 of the Education Act 19968shall have effect as if it was a direction under section 142 of the 2002 Act.
(5) Any order disqualifying a person from being the proprietor of any independent school or (as the case may be) from being a teacher or other employee in any school made under section 470 or 471 of the Education Act 1996 on the grounds that the person is unsuitable to work with children shall have effect as if it was a direction under section 142 of the 2002 Act given on the grounds that the person is unsuitable to work with children.
(6) During the period beginning on 1st June 2003 and ending on the day on which section 468 of the Education Act 19969is repealed in accordance with section 216(4) of, and Part 3 of Schedule 22 to, the 2002 Act, section 468 shall have effect as though there were substituted for the words “regulations under section 218(6) of the Education Reform Act 1988 (employment prohibited or restricted on medical grounds or for misconduct etc)”, the words “a direction under section 142 of the Education Act 2002 (prohibition from teaching, etc.)”.
Supply of information following dismissal, resignation, etc
4.—(1) Where a relevant employer—
(a)
(a) has ceased to use a person’s services on a ground—
(i) that the person is unsuitable to work with children;
(ii) relating to the person’s misconduct; or
(iii) relating to the person’s health where a relevant issue is raised, or
(b)
(b) might have ceased to use a person’s services on such a ground had the person not ceased to provide those services,
the relevant employer shall report the facts of the case and provide all the information listed in Part 1 of Schedule 1 that is available to the relevant employer in relation to such person to the Secretary of State.
(2) Where an agent—
(a)
(a) has terminated arrangements on a ground—
(i) that the person is unsuitable to work with children;
(ii) relating to the person’s misconduct; or
(iii) relating to the person’s health where a relevant issue is raised;
(b)
(b) might have terminated the arrangements on such a ground if the worker had not terminated them; or
(c)
(c) might have refrained from making new arrangements for a worker on such a ground if the worker had not ceased to make himself available for work,
the agent shall report the facts of the case and provide all the information listed in Part 2 of Schedule 1 that is available to the agent in relation to such person to the Secretary of State.
(3) A relevant employer or agent shall provide the Secretary of State such further information as may be requested by the Secretary of State which he considers relevant to the exercise of his functions under section 142 of the 2002 Act.
Consultation
5.—(1) Save where regulation 8 applies, where the Secretary of State is satisfied that a person is carrying out work to which section 142 of the 2002 Act applies, he shall not exercise his powers under that section in relation to that person without first consulting his relevant employer.
(2) Save where regulation 8 applies, where the Secretary of State is satisfied that a person is carrying out work to which section 142 of the 2002 Act applies pursuant to arrangements made by an agent, he shall not exercise his powers under that section in relation to that person without first consulting that agent.
Representations, evidence and information
6.—(1) Subject to paragraph (3) and save where regulation 8 applies, where the Secretary of State is considering exercising his powers under section 142 of the 2002 Act he shall afford the person concerned the opportunity to make representations to him and, where appropriate, submit medical evidence or other evidence to him within 2 months of the date on which notice of that opportunity is served on the person concerned or, where he is satisfied that the person had good reason not to make such representations or submit such evidence within that period, such further period as the Secretary of State considers reasonable.
(2) A notice shall be deemed to be served for the purposes of this regulation 48 hours after the date on which it is sent.
(3) Paragraph (1) shall not apply where service cannot be effected by reason of the inability of the Secretary of State to ascertain the whereabouts of the person concerned.
Medical examination and evidence
7.—(1) Where the Secretary of State is considering exercising his powers under section 142 of the 2002 Act he may request the person concerned to submit himself for examination by a qualified medical practitioner appointed by the Secretary of State.
(2) At any time before such medical examination, the Secretary of State or the person concerned may submit to the qualified medical practitioner appointed by the Secretary of State a statement containing evidence or other matter relevant to the examination.
(3) The medical examination may be attended by a qualified medical practitioner appointed for the purpose by the person being examined.
Automatic prohibition
8.—(1) This regulation applies in the case of a person who—
(a)
(a) subject to paragraph (5), on or after 1st November 1995—
(i) has pleaded guilty to or been found guilty of an offence set out in Schedule 2 against or involving a child under the age of sixteen or who has pleaded guilty to or been found guilty of an attempt to commit any such offence, before or by a court in the United Kingdom;
(ii) was carrying out work to which section 142 of the 2002 Act applies before or at the time he committed or was convicted of the offence; and
(iii) was aged eighteen or over at the time the offence was committed;
(b)
(b) is included (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of persons considered unsuitable to work with children); or
(c)
(c) on or after 1st June 2003—
(i) is made subject to a disqualification order; and
(ii) was carrying out work to which section 142 of the 2002 Act applies before or at the time he committed or was convicted of the offence...
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