Post by AndrewP on May 25, 2007 15:29:58 GMT
Ok, as an adopter and ex foster carer I am well aware of the pitfalls associated with caring for children but this topic got me wondering.
If the Act to which we are all referring is the 'Safeguarding Vulnerable Groups Act 2006' as listed here
www.publications.parliament.uk/pa/ld200506/ldbills/079/2006079.pdf
then it appears that amongst all the waffle the test of whether this applies to us is:-
2 (1) The activities referred to in paragraph 1(1) and (2) are—
(a) any form of teaching, training or instruction of children, unless the
teaching, training or instruction is merely part of or incidental to
teaching, training or instruction of persons who are not children;
(b) any form of care for or supervision of children, unless the care or
supervision is merely part of or incidental to care for or supervision
of persons who are not children;
(c) any form of advice or guidance provided wholly or mainly for
children, if the advice or guidance relates to their physical, emotional
or educational well-being;
(d) any form of treatment or therapy provided for a child;
(e) moderating a public interactive communication service which is
likely to be used wholly or mainly by children.
or takes place in:-
(1) The establishments referred to in paragraph 1(2), (3) and (5) are—
(a) an educational institution which is exclusively or mainly for the
provision of full-time education to children;
(b) a hospital which is exclusively or mainly for the reception and
treatment of children;
(c) an institution which is exclusively or mainly for the detention of
children;
(d) a care home (for the purposes of the Care Standards Act 2000 (c. 14))
which is exclusively or mainly for children;
(e) a children’s home (within the meaning of section 1 of that Act);
(f) a home provided in pursuance of arrangements under section 82(5)
of the Children Act 1989 (c. 41);
(g) relevant childcare premises.
Now I am no lawyer but I think we would struggle to get any of our activities into these categories unless one is going to say that supervision in 2(b) covers public rides which would seem a stretch of the intent of the act to me.
Now of course if somebody decides to 'gold plate' these rules and extend their scope....
I assume the main federations are, or will be, considering the matter.
Now, back to making swarf, I've got a boiler to test ;D
Cheers, Andy
If the Act to which we are all referring is the 'Safeguarding Vulnerable Groups Act 2006' as listed here
www.publications.parliament.uk/pa/ld200506/ldbills/079/2006079.pdf
then it appears that amongst all the waffle the test of whether this applies to us is:-
2 (1) The activities referred to in paragraph 1(1) and (2) are—
(a) any form of teaching, training or instruction of children, unless the
teaching, training or instruction is merely part of or incidental to
teaching, training or instruction of persons who are not children;
(b) any form of care for or supervision of children, unless the care or
supervision is merely part of or incidental to care for or supervision
of persons who are not children;
(c) any form of advice or guidance provided wholly or mainly for
children, if the advice or guidance relates to their physical, emotional
or educational well-being;
(d) any form of treatment or therapy provided for a child;
(e) moderating a public interactive communication service which is
likely to be used wholly or mainly by children.
or takes place in:-
(1) The establishments referred to in paragraph 1(2), (3) and (5) are—
(a) an educational institution which is exclusively or mainly for the
provision of full-time education to children;
(b) a hospital which is exclusively or mainly for the reception and
treatment of children;
(c) an institution which is exclusively or mainly for the detention of
children;
(d) a care home (for the purposes of the Care Standards Act 2000 (c. 14))
which is exclusively or mainly for children;
(e) a children’s home (within the meaning of section 1 of that Act);
(f) a home provided in pursuance of arrangements under section 82(5)
of the Children Act 1989 (c. 41);
(g) relevant childcare premises.
Now I am no lawyer but I think we would struggle to get any of our activities into these categories unless one is going to say that supervision in 2(b) covers public rides which would seem a stretch of the intent of the act to me.
Now of course if somebody decides to 'gold plate' these rules and extend their scope....
I assume the main federations are, or will be, considering the matter.
Now, back to making swarf, I've got a boiler to test ;D
Cheers, Andy