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Protection of Children Act 1999 and the PoCA List

The Protection of Children Act 1999 came into force in October 2000 and introduced the Protection of Children Act (PoCA) List in which the secretary of state has a duty to record the names of individuals who are considered unsuitable to work with children.

All regulated child care organisations (as defined in the Act) have a statutory duty to refer the names of those individuals who fulfil certain criteria making them unsuitable to work with children for possible inclusion in the PoCA List.

The Act also permits other organisations, such as voluntary organisations, sports clubs and scout associations to refer names for possible inclusion in the PoCA List.

The effect of inclusion in the PoCA List is that child care organisations, which are obliged to check names of prospective employees against the list (through the Criminal Records Bureau) before offering employment, will be told whether or not an individual is listed in the PoCA List.

Child care organisations proposing to offer individuals employment in child care positions must not employ individuals whose names are included on the PoCA List or List 99 (on the grounds that they are unsuitable to work with children) and must cease to employ such individuals in child care positions if they subsequently discover that they are included on these Lists. In fact, under the Criminal Justice and Court Services Act 2000 it is an offence to knowingly offer work to or to employ in a so-called "regulated" position (which includes child care positions) an individual who is disqualified from working with children, either by virtue of being included on one of the Secretary of State's Lists (the PoCA List or its equivalent in Scotland, or List 99) or a disqualification order from the court; and individuals who apply or offer to work, accept work or continue to work with children in such positions will be committing a criminal offence and can face prosecution if they are so disqualified.

Further implementation of the Vetting and Barring Scheme in 2009
From 12 October 2009, a new duty to share information and a set of increased safeguards have been introduced under the Vetting and Barring Scheme, as administered by the Independent Safeguarding Authority (ISA). The POCA List (along with List 99 and the POVA list) are being replaced by two new ISA-barred lists. For further information and guidance, visit the Vetting and Barring Scheme section of the Every Child Matters website.

What guidance is available to help me understand my organisation's responsibilities under the Act?
The Protection of Children Act 1999: A Practical Guide to The Act for all Organisations Working with Children, first published in August 2000, has now been revised and re-issued in February 2009. Please note that this item is only available for download and the Department does not hold any paper copies for order or distribution.

Last updated: 05 November 2009