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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2006 No. 51 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060051.html

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"Care Tribunal" means the Care Tribunal established under Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;[3]

"child" has the same meaning as in the 2003 Order;

"disqualification order" means an order under Article 23 or 24 of the 2003 Order;

"employment" has the same meaning as in the 2003 Order.

Prohibition of Employment
     3. These Regulations prohibit the employment or further employment of a teacher or a person to whom Article 88A of the 1986 Order applies on the grounds that he is included in the list mentioned in regulation 4 or he is automatically prohibited on any of the grounds mentioned in regulation 8.

Duty to Keep a List
     4. —(1) The Department shall keep a list of persons who are considered unsuitable to teach or to work with children.

    (2) A person shall not be included in the list except in accordance with these Regulations.

    (3) The Department may at any time remove a person from the list if it is satisfied that he should not have been included in it.

Decision to Include on List
     5. —(1) Where it appears to the Department that a person has been dismissed from employment on the grounds of misconduct, or has resigned, retired or been made redundant in circumstances such that his employer would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned retired or been made redundant, the Department shall decide if he should be prohibited from teaching or working with children.

    (2) Where the Department decides under paragraph (1) to prohibit a person from teaching or working with children, it shall include him on the list mentioned in regulation 4.

    (3) The Department shall notify the person concerned of the outcome of the decision made under paragraph (1).

Representations, Evidence and Information
     6. —(1) Where the Department is considering making a decision under regulation 5, it shall—

(a) afford the person concerned the opportunity to make representations or submit evidence to it within 21 days of the date on which notice of that opportunity is served on the person concerned; or

(b) where it is satisfied that the person had good reason not to make such representations or submit evidence within that period, allow such further period, as it considers reasonable.

    (2) The Department may invite observations from the person's employer on the representations or evidence received under paragraph (1)(a).

     7. Where the Department—

(a) has considered—


(i) the representations made or evidence submitted by the person concerned;

(ii) any observations from his employer; and

(iii) any other information that it considers relevant; and



(b) is of the opinion that the employer reasonably considered the person to be unsuitable to teach or work with children,

the Department shall include him in the list kept under regulation 4.

Automatic Prohibition
     8. —(1) This regulation applies in the case a person who—

(a)


(i) on or after the date specified in regulation 8(5) of the Education (Prohibition from Teaching or Working with Children) Regulations 2003[4], has been convicted of an offence set out in Schedule 2 to those Regulations against or involving a person under the age of sixteen or who has been convicted of an attempt to commit any such offence, by a court in the United Kingdom;

(ii) was a teacher or a person to whom Article 88A of the 1986 Order 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) on or after 1^st April 2005—



(i) is made subject to a disqualification order; and

(ii) was a teacher or a person to whom Article 88A of the 1986 Order applies before or at the time he committed or was convicted of the offence to which the disqualification order relates; or



(c) is included (other than provisionally) in the list kept by the Department of Health, Social Services and Public Safety under Article 3 of the 2003 Order.

    (2) Where paragraph (1) applies, the Department shall, on receipt of notification that a person has been convicted of an offence mentioned in paragraph (1)(a)(i), has been made subject to a disqualification order or has been included on the list kept by the Department of Health, Social Services and Public Safety, prohibit him from teaching or working with children and notify him and his employer accordingly.

Review by the Department
     9. —(1) Save where regulation 8 applies, the Department may revoke its decision to prohibit the employment or further employment of a teacher or a person to whom Article 88A of the 1986 Order applies on either or both of the grounds mentioned in paragraph (2).

    (2) The grounds upon which a decision of the Department may be revoked are that—

(a) the Department is in possession of information relevant to the decision which it did not have at the time the decision was made; or

(b) the Department is in possession of evidence of a material change in the circumstances of the person concerned occurring since the decision was made.

    (3) A person who has been prohibited from teaching or working with children shall no longer be so prohibited—

(a) where regulation 8(1)(a) applies and the conviction ceases to have effect; or

(b) where regulation 8(1)(b) applies and the disqualification order ceases to have effect; or

(c) where paragraph (1)(c) of regulation 8 applies and his name is removed from the list referred to in that paragraph.

Appeals to the Care Tribunal
     10. —(1) Subject to paragraphs (2) and (3) and save where regulation 8 applies, a person included in the list kept under regulation 4 may appeal to the Care Tribunal against—

(a) the decision to include him in the list; or

(b) a decision not to revoke such a decision as is mentioned in sub–paragraph (a).

    (2) No appeal may be brought on the ground of information or evidence referred to in regulation 9(2) unless that information or evidence has first been brought to the attention of the Department.

    (3) Where a person has been convicted of any offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under these Regulations.

     11. —(1) The Care Tribunal shall not consider—

(a) information relevant to the decision which the Department did not have at the time the decision was made; or

(b) evidence of a material change of circumstances of the person concerned occurring since the decision or the decision not to revoke the decision was made.

    (2) Where on appeal under regulation 10, the Care Tribunal considers that the person should no longer be included on the list kept under regulation 4, it may direct his removal from it.



Sealed with the Official Seal of the Department of Education on


16th February 2006.

L.S.

Dorothy Angus
A senior officer of the Department of Education

[2] 2003/417 (N.I.4)back

[3] 2003/431 (N.I.9)back

[4] S.I.2003/1184 as amended by S.I.2004/1493back

 © Crown copyright 2006