Companion Website

Police Law 11th Edition

18. Children and Young Persons

Chapter 18

Restricted premises orders and restricted sales orders p 682

The Children and Young Persons Act 1933, ss 12A, 12B and 12C are now in force. [SI 209/860]

Police powers p 689

The list in paragraph 2 is prospectively extended by the Policing and Crime Act 2009 Sch 7, which adds:

after (a), ‘(aa) from a place of safety to which he has been taken under the Street Offences Act 1959, Sch, para 9 (3)’

at the end of (c), ‘or to which he has been remanded under StOA 1959, Sch, para 10’

LOCAL CHILD CURFEW SCHEMES p 690

The provisions on pp 690-692 are repealed by the Policing and Crime Act 2009, Sch 8.

CHILD SAFETY ORDERS p 692

In the last paragraph under the heading (c) (‘the child has contravened . ..’) has been deleted by P&CA 2009, Sch 7.

YOUTH REHABILITATION ORDERS p 698

The provisions referred to under this heading are now in force. [SI 2009/3074]

REMOVAL OF TRUANTS AND EXCLUDED PUPILS TO SCHOOLS OR DESIGNATED PREMISES p 699

In the fifth line on p 700 under this heading there is prospectively substituted by P&CA 2009, Sch 7 for the reference to the definition in CDA 1998, s14, a reference to the definition in the Public Order Act 1986, Pt 2 (viz any highway; and any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right by virtue of express or implied permission).

Position before implementation of Safeguarding Vulnerable Groups Act 2006 p 700

See the next three entries.

Barring lists p 701

With one minor exception, the repeal of the Education Act 2002, s 142 (1) took effect on 12 October 2009. [SI 2009/261]

The repeal of the Protection of Children Act 1999, s1 took effect on 12 October 2009. [SI 2009/2601]

Disqualification orders under the Criminal Justice and Court Services Act 2000 p 701

The provisions of CJCSA 2001 referred to in the text have ceased to have effect for the purposes of enabling a disqualification order to be made in relation to a person who is barred from regulated activity by virtue of being included in the Children’s Barred List referred to on p 703.

Persons disqualified from working with children: offences p 702

CJCSA 2000 s 35 has ceased to have effect for the purpose of making it an offence for a person knowingly to apply for, to offer to do, to accept or to do any work in a regulated position (CJCSA) where-

1. the person (‘P’);
1. is or has at any time been barred from regulated activity by virtue of SVGA 2006 (pp 702-705); or
2. has been included in the Children’s Barred List pursuant to transitional provisions, but is removed from that list by the ISA after considering representations from P; and
2. is disqualified from working with children only by reason of a disqualification order falling within (i) and (ii); ie
1. P was subject to the disqualification order immediately before inclusion in the Children’s Barred List; and
2. at that time IBB was aware that P was subject to the disqualification order. [SI 2009/2611]

Position after implementation of the Safeguarding of Vulnerable Groups Act 2006 p 702

How the SVGA 2006 scheme works p 702

By P&CA 2009, s 81, the Independent Barring Board (IBB) was renamed on 12 November 2009 the Independent Safeguarding Authority (ISA), the name under which the IBB previously worked.

Automatic inclusion p 703 and Automatic inclusion subject to consideration of representations p 704

P&CA 2009, s 89 prospectively amends SVGA 2006, Sch 3 so that it is the ISA, rather than the Secretary of State, that must be satisfied that a person has met the prescribed criteria for either type of automatic barring before the ISA is required to bar him or her.

The ISA will act on a reference from the Secretary of State who is obliged to refer if he has reason to believe that the provisions relating to such an exclusion might apply to a person.

Prescribed criteria p 704

Head (a) is amended so as to enable an offence under the law of a country outside England and Wales to be specified, but in respect of an offence committed outside the British Isles only if that offence is also an offence under the law of England and Wales which is a specified offence.

Supplementary p 705

P&CA 2009, s 87 prospectively adds ss 34A to SVGA 2006. SVGA 2006, s 34A adds an additional duty and confers a further power on the ISA where it proposes to bar an individual from working with children on grounds of relevant conduct or of risk of harm. In such a case s 34A requires the ISA to notify any person registered to receive notification of cessation of monitoring with respect to the individual concerned that the ISA is proposing to bar him or her and to provide reasons why. Section 34A also empowers the ISA to notify any other person who is permitting the individual to engage in regulated or controlled activity of the proposal to bar and the reasons why. By s 34C, a further notification must confirm whether the individual has been barred or not. Once the ISA has decided that it proposes to bar someone, it must give him or her eight weeks to make any representations before it can make its final barring decision. If the person is working with children during this time, notification under s 34A allows the employer to be aware of the potential risk so that it can consider whether it needs to take action.

SVGA 2009, s 50A, inserted by P&CA 2009, s 88, empowers the ISA to provide information it holds to the chief officer of police for use by police in the prevention, detection and investigation of crime, or the apprehension and prosecution of offenders.