To ask the Scottish Executive, further to the answer to question S2W-26029 by Nicol Stephen on 6 June 2006, how its guidance issued to further and higher education colleges in May 2005 meets the requirements of HM Inspectorate of Education (HMIE); why HMIE has raised the issue of enhanced disclosure for staff in a position of trust with students under 18 or vulnerable adults in inspection reports, and why students under 18 and vulnerable adult learners are still exposed to risk as a result of non-compulsion of disclosure checks of college staff.
HMIE’s expectations in this areaare founded on legislation, Lifelong Partners (the Scottish Executive’s school-collegepartnership strategy), and its own evaluation of existing good practice. HMIE wereheavily involved in both the policy development for Lifelong Partners, and in theproduction of the accompanying guidance documents. College review reports routinelycomment on the effectiveness of child protection arrangements, including collegepolicies and procedures and arrangements for disclosure. During its reviews, HMIE uses the
Standards and Quality in Scottish FurtherEducation Quality Framework for Scottish FE Colleges (May 2004). In line withthis framework and relevant legislation, HMIE expects that colleges:
·have relevant policies and procedures in place (includingdisclosure) and that these are implemented effectively when necessary;
·have a nominated protection co-ordinator/s;
·undertake Enhanced Disclosure for staff working regularlywith pupils and students under 18 years of age, and with vulnerable adults, and
·provide appropriate staff development and training inthe area of protecting young people and staff.
Where colleges fail to meet theseexpectations adequately, HMIE will raise the issue in inspection reports, and Collegesare required to submit an action plan to the Scottish Funding Council for Furtherand Higher Education to bring about improvement. Progress against this plan is thenmonitored by HMIE.
On the general issue of compulsionof disclosure checks, the Protection of Children (Scotland) Act 2003 requires thateducational establishments take reasonable steps to ensure that people working inthem are not on the Disqualified from Working with Children List (DWCL). However,a new vetting and barring scheme, buildingon the current system and the recommendations from the Bichard inquiry, is currently being developed. According to this, therewill be a list and arrangements for the protection of adults at risk as well asa need for all those working in child care or “adult at risk” settings to registerwith the new scheme. This will be done via an enhanced disclosure in the first instance,which can then be updated should any new information come into the system. Legislationto provide the framework for the new scheme is proposed for this autumn, with animplementation programme for the new scheme commencing at the end of 2007.
While disclosure checks providea valuable contribution to the protection of young people and vulnerable adults,this does not remove the need for robust recruitment practices and sound child protectionpolicies and procedures.