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The guidance explains eligibility for “child care positions,” referral triggers after harm or risk of harm, the determination and appeals framework, and compliance duties, including offence risks for failure to refer and for knowingly employing a disqualified person.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":35,"@type":76,"position":81},"https://docshare.wps.com/document/healthcare/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/protection-of-children-scotland-act-2003-guidance-for-organisations/413717/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/protection-of-children-scotland-act-2003-guidance-for-organisations/413717.png","ImageObject",300,407,{"name":92,"@type":93},"Sophia Brooks","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-01","2026-09-28",true,{"@type":102,"interactionType":103,"userInteractionCount":39},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the DWCL and when can an organisation refer someone to it?","Question",{"text":112,"@type":113},"The DWCL is the Disqualified from Working with Children List maintained by Scottish Ministers. Organisations must refer an individual working in a child care position when they have harmed a child or placed a child at risk of harm and, as a consequence, they were dismissed or moved away from contact with children.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"When does an organisation have a duty to make a referral even if the person resigned or retired?",{"text":117,"@type":113},"A duty to refer applies when the person harmed a child or placed a child at risk of harm and the organisation would have dismissed (or considered dismissing) them but did not do so because the individual resigned, retired, or was made redundant before action could be taken.",{"name":119,"@type":110,"acceptedAnswer":120},"What are the consequences of failing to comply with referral requirements?",{"text":121,"@type":113},"Failure to make a required referral is an offence under the Act. 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CHILDREN (SCOTLAND)ACT 2003  \nGUIDANCE FOR ORGANISATIONS  \nPROTECTION OF CHILDREN (SCOTLAND)ACT  \nGUIDANCE FOR ORGANISATIONS  \n◎ Crown copyright 2004  \nISBN:0-755942744  \nScottish ExecutiveSt Andrew's HouseEdinburghEH13DG  \nProduced for the Scottish Executive by Astron B3652312/04  \nPublished by the Scottish Executive,December,2004  \nFurther copies are available fromBlackwell's Bookshop53 South BridgeEdinburghEH11YS  \nThe text pages of this document are produced from 100%elemental chlorine-free,  \nenvironmentally-preferred material and are 100%recyclable.  \nCONTENTS  \npageIntroduction1Summary of the Act2When to Make a Referral4How to Make a Referral8The Determination Process9Appeals and Applications for Removal13Screening Staff to Work in Child Care Positions14New Offences and the Extent of the Legislation16Protection from Defamation Actions18Glossary19Annex A-Definition of Child Care Positions21Annex B-Form for Making a Referral26Annex C-Disqualification from Working with Children32Annex D-Associated Documents and Guidance35  \n# GUIDANCE FOR ORGANISATIONS\n\nINTRODUCTION  \nNew laws to strengthen the safeguards for children will come intoforce on 10 January 2005.This guidance note is a practical guideto help organisations understand the new Act¹and to help them putin place the procedures they will need to follow in order to complywith the law and help improve child protection.It is not a definitiveinterpretation of the law which only the courts can provide.  \nThe Protection of Children (Scotland)Act 2003 applies to yourorganisation if you employ(paid or unpaid)people to work2 in childcare positions.Annex A explains what is meant by child careposition for the purposes of this new legislation.The definition iswidely drawn and covers a range of posts,not just those involvedin directly caring for,training,supervising or being in sole charge ofchildren.For example it covers all those whose normal dutiesinclude work in educational establishments or hospitals which aremainly for children.You are advised to check Annex A to identifyany positions in your organisation that fall into the definition ofchild care position.It is not possible to list or describe all the actualposts covered by the definition or offer general advice on theinterpretation of Annex A as much depends on the circumstancesspecific to each post.  \nPlease disseminate this guidance widely to those in yourorganisation with an interest.Further copies can be obtained fromBlackwell's Bookshop by telephoning 01316228283 or 01316228258.The guidance is also in the publications section of theScottish Executive website (www.scotland.gov.uk).  \n# SUMMARY OF THE ACT\n\n·  The Act plugs a gap in existing safeguards which allowsunsuitable people to move from one child care post toanother without detection if they have not been convicted ofan offence.  \n·   The Act provides for Scottish Ministers to keep theDisqualified from Working with Children List (DWCL).³  \nAn individual working in a child care position⁴,whether paidor unpaid,is to be referred to Scottish Ministers for inclusionon the DWCL,when they have harmed⁵a child⁶or put a childat risk of harm and have been dismissed or moved away fromcontact with children as a consequence.  \nOrganisations⁷have a duty to refer such individuals to theScottish Ministers for possible inclusion on the DWCL.  \n·   Failure to make a referral is an offence under the Act.  \n·   The DWCL will also include those convicted of an offenceagainst a child,when the court has referred them because itconsiders them to be unsuitable to work with children.  \nThose on the DWCL(other than provisionally)are disqualifiedfrom working with children and will commit a criminal offenceif they apply to or work with children.  \nThe Act extends disqualifications which already exist inEngland and Wales to Scotland too,except for those listedprovisionally on the list kept for England and Wales under theProtection of Children Act 1999.  \nGUIDANCE FOR ORGANISATIONS","cbCaitsILMRMZB3E","https://ap.wps.com/l/cbCaitsILMRMZB3E","pdf",3665825,44,"English","# Introduction\n# Summary of the Act\n# When to Make a Referral\n# How to Make a Referral\n# The Determination Process\n# Appeals and Applications for Removal\n# Screening Staff to Work in Child Care Positions\n# New Offences and the Extent of the Legislation\n# Protection from Defamation Actions\n# Glossary\n## Annex A - Definition of Child Care Positions\n## Annex B - Form for Making a Referral\n## Annex C - Disqualification from Working with Children\n## Annex D - Associated Documents and Guidance","[{\"question\":\"What is the DWCL and when can an organisation refer someone to it?\",\"answer\":\"The DWCL is the Disqualified from Working with Children List maintained by Scottish Ministers. Organisations must refer an individual working in a child care position when they have harmed a child or placed a child at risk of harm and, as a consequence, they were dismissed or moved away from contact with children.\"},{\"question\":\"When does an organisation have a duty to make a referral even if the person resigned or retired?\",\"answer\":\"A duty to refer applies when the person harmed a child or placed a child at risk of harm and the organisation would have dismissed (or considered dismissing) them but did not do so because the individual resigned, retired, or was made redundant before action could be taken.\"},{\"question\":\"What are the consequences of failing to comply with referral requirements?\",\"answer\":\"Failure to make a required referral is an offence under the Act. It is also an offence for an organisation to knowingly employ a person to work with children if that person is disqualified from working with children.\"}]","PROTECTION OF CHILDREN (SCOTLAND) ACT 2003 - GUIDANCE FOR ORGANISATIONS | PDF",1790595586,111]