The Bichard Inquiry - Report - Digital Education Resource Archive ...

29 Under the Enhanced Disclosure regime, that opportunity is only available in
the sense that the applicant can comment on the information given to the
employer. However, an element of damage is likely to have been done by
that stage because the employer will have already formed a view about
the applicant.
30 Stage 4 is the appeal. Under the POCA List scheme, there is a right of
appeal to the Care Standards Tribunal (under a judge’s chairmanship).
This is in the nature of a rehearing.
31 Under the List 99 scheme, there is also a right of appeal to the Care
Standards Tribunal, but the review is restricted to consideration of the
material that was before the minister.
32 Under the Enhanced Disclosure regime, there is no appeal against an
employer’s decision. The applicant has to challenge the police decision
to release the information, through a judicial review.
Obligations on employers and applicants
33 Under the POCA List scheme, ‘child care organisations’ are obliged to
check the List before offering employment and may not employ a person
on the List. A similar regime operates under the List 99 scheme.
34 However, other employers that offer positions creating similar risks, and for
that reason covered by the Enhanced Disclosure regime, are under no
similar obligations.
35 Under pain of criminal sanction, a person included on the Lists may not
knowingly apply for a job in any of the sectors covered by the Lists. There
is no similar criminal sanction for those subject to the Enhanced Disclosure
regime who have been refused a job as a result of a police check.
36 The POVA List scheme will mirror aspects of the other Lists.
The vetting process in other countries
37 Information collated by the Home Office in April 2004 about the
vetting processes in other countries is on the Inquiry website at
www.bichardinquiry.org.uk
38 It is based on published material mainly from official sites, newspaper
articles and online reports. In addition, information has been obtained from
the NSPCC 2000 publication of the findings of the EU-funded CUPICSO
project, an overview of The Collection and Use of Personal Information on
Child Sex Offenders in EU countries.
The countries covered are:
39 non-EU: Australia (New South Wales, Queensland, South Australia and
Victoria), Canada (British Columbia and Ontario), New Zealand and the
USA; and
184 The Bichard Inquiry – Appendix 4