Chamber and committees

Referrals to the Disqualifiedfrom Working with Children List (DWCL) are dealt with on a case by case basis andevery effort is made to deal with them timeously. Each referral is subject to dueprocess as laid down in the Protection of Children (Scotland) Act2003 Determination Regulations 2004.

Where the initial tests for provisionallylisting in the DWCL have been met in terms of the 2003 act, the legislation requiresus to notify any known employer where the individual is working in a child careposition about the individual’s provisional listing status.

The conclusion of individualcases and the arrival of new referrals to the Disqualified from Working with ChildrenList (DWCL) means that the number of individuals provisionally listed in the DWCLvaries over time. On 13 July 2007, there were 62 individuals provisionally listedin the DWCL.

The case management team is currentlygathering information on the matters that led to these referrals not only from theindividual and referring organisation but also from other relevant bodies e.g. police,previous employers and regulatory bodies. Any information received for the determinationpanel’s consideration is shared with the individual.

Individuals are generally provisionallylisted for three or four months prior to a determination panel decision.

On 13 July 2007, of the 62 individualsprovisionally listed in the Disqualified from Working with Children List, it isknown that five are working in a child care position either in a paid capacity oras a volunteer. The employing organisations have been notified of the individual’sprovisional listing status.

I have asked GlasgowCity Council to provide me with a report by 31 August 2007 that sets out the full council’s response to its Kerelawinvestigation and the systems that have been put in place for the safety and protectionof children in residential accommodation. As part of this report, I have asked forconfirmation from the Council that the complaints made by children who were residentsof Kerelaw have been investigated. The answer to question S3W-1138 on 19 June 2007 refers to the wider action I have taken following Glasgow’s report of the Kerelaw investigation.All answers to writtenparliamentary questions are available on the Parliament’s website the search facilityfor which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

I refer the memberto the answer to question S3W-1105 on 27 June 2007. All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

National Care Standards,published by the Scottish Government, require all care services including residentialestablishments for children to have a complaints procedure for children in theircare.

Nationally, the Regulationof Care (Scotland) Act 2001 requires the Care Commission toinvestigate complaints by individuals about a care service. Information about howto complain to the Care Commission must be made available by service providers.

The Care Commission’scomplaints procedure can be viewed at:

http://www.carecommission.com/images/stories/documents/publications/documents/71.pdf.

As part of that procedure,where the Care Commission considers it has a secondary role to an investigationby, for example the police or any other regulatory or statutory body, it will awaitthe findings of fact of such investigations before determining what action to take.

The guidance to ChildProtection Committees provided in Protecting Children: A Shared Responsibility(1998) states that local authorities and other agencies who provide care and accommodationfor children in residential placements, schools, foster care or other forms of accommodationshould ensure guidance and procedures are in place to respond to allegations ofabuse concerning children living away from home. The investigation of such allegationsshould include, as far as is practicable, an element of independence from the localauthority or other agency.

(http://www.scotland.gov.uk/library/documents-w3/pch-00.htm).

In relation to anyformer employee now working in a care setting or school, we would expect employersto have carried out rigorous recruitment checks and to have firm child protectionpolicies and procedures in place. This is a requirement in the relevant NationalCare Standards published by the Scottish Government. The Care Commission is requiredto take these Standards into account when it inspects care services. Safer recruitmentrequirements are also set out in both the Code of Practice for Employers of SocialService Workers (Scottish Social Services Council). In, addition the recentguidance published by the Scottish Executive, Safer Recruitment Through BetterRecruitment reinforces and underpins these requirements.

In any case wherethere may be a report to the Procurator Fiscal, it is a matter for the Crown Officeand Procurator Fiscal Service to decide whether or not there are criminal proceedings.

Glasgow City Councilhas referred individuals to the Disqualified from Working with Children List (DWCL).I met the Director of Social Work Services on 21 June 2007 to discuss the council’s report on the Kerelaw investigation,including the number of former employees covered by the report.

Anyone who is provisionallylisted on DWCL is not barred from working in a child care position. All known employersare notified of provisional listing; employers can undertake a risk-assessment todecide on what action is appropriate; the period of provisional listing is keptas brief as possible, and provisional listing shows up on a disclosure check.

As part of the actionsresponding to the council’s review of its management of Kerelaw, I will be meetingwith residential providers to identify what further improvements may be needed toprotect children from abuse in residential care.

The performance of Amey Highways Ltd on the clearance of litter from the M876 and M9 is monitored by the Scottish Executive and the independent Performance Audit Group (PAG). The Scottish Executive and PAG are generally satisfied that the standard of work carried out by Amey meets the requirements of the Trunk Road Maintenance Contract and the Environmental Protection Act 1990. However, specific problem areas, identified by PAG, have been brought to Amey's attention for action.

This information is not held centrally at present, but action is currently being taking to improve how this type of information is recorded. It is hoped that it should be possible to complete the improvements to our record keeping systems in the coming months.

Procurators fiscal subject each report submitted by the police to careful scrutiny and consideration to assess the sufficiency and quality of evidence before a decision is reached about taking proceedings. The police will be instructed to carry out any necessary further investigations. police/procurator fiscal liaison arrangements provide an opportunity to raise any issues arising from reporting. Once a decision has been taken to continue proceedings, material witnesses will be precognosced (interviewed) by a member of the procurator fiscal's team and the evidence subjected to further evaluation. Every police report prepared for submission to procurators fiscal is subject to internal quality control by the police.