Statement by the Delegation of the United States of America in response to the report by the Head of the OSCE Presence in Albania, Ambassador Bernd Borchardt

he has been referred to the Secretary of State under section 2 below; or

he is transferred to the list from the Consultancy Service Index under section 3 below.

any of the conditions mentioned in subsection (2) below; or

the condition mentioned in subsection (3) below.

that the organisation has dismissed the individual on the grounds of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm;

that the individual has resigned or retired in circumstances such that the organisation would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned or retired;

that the organisation has, on such grounds, transferred the individual to a position within the organisation which is not a child care position;

that the organisation has, on such grounds, suspended the individual or provisionally transferred him to such a position as is mentioned in paragraph (c) above, but has not yet decided whether to dismiss him or to confirm the transfer.

in circumstances not falling within subsection (2) above, the organisation has dismissed the individual, he has resigned or retired or the organisation has transferred him to a position within the organisation which is not a child care position;

information not available to the organisation at the time of the dismissal, resignation, retirement or transfer has since become available; and

the organisation has formed the opinion that, if that information had been available at that time and if (where applicable) the individual had not resigned or retired, the organisation would have dismissed him, or would have considered dismissing him, on such grounds as are mentioned in subsection (2)(a) above.

determine the reference in accordance with subsections (5) to (7) below; and

pending that determination, provisionally include the individual in the list.

invite observations from the individual on the information submitted with the reference and, if he thinks fit, on any observations submitted under paragraph (b) below; and

invite observations from the organisation on any observations on the information submitted with the reference and, if he thinks fit, on any other observations under paragraph (a) above.

the Secretary of State has considered the information submitted with the reference, any observations submitted to him and any other information which he considers relevant; and

in the case of a reference under subsection (2)(d) above, the organisation has dismissed the individual or, as the case may be, has confirmed his transfer on such grounds as are there mentioned,

that the organisation reasonably considered the individual to be guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; and

that the individual is unsuitable to work with children.

a reference to his resigning or retiring in circumstances such that the organisation would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned or retired; and

a reference to the organisation transferring him, on such grounds, to a position within the organisation which is not a child care position.

in subsection (1), for the words from “there is” to the end there were substituted the words “the organisation has refused to do any further business with the individual on the grounds of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm”; and

subsections (2), (3), (6)(b) and (8) were omitted.

an individual is included in the Consultancy Service Index (otherwise than provisionally) immediately before the commencement of this section;

he was so included on a reference made to the Secretary of State by an organisation; and

any of the conditions mentioned in section 2(2)(a) to (c) above, or the condition mentioned in section 2(3) above, was fulfilled in relation to that reference.

invite observations from the individual on the information submitted with the reference and, if he thinks fit, on any observations submitted under paragraph (b) below; and

invite observations from the organisation on any observations on the information submitted with the reference and, if he thinks fit, on any other observations under paragraph (a) above.

that the organisation reasonably considered the individual to be guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; and

that the individual is unsuitable to work with children.

the decision to include him in the list; or

with the leave of the Tribunal, any decision of the Secretary of State not to remove him from the list under section 1(3) above.

that the individual was guilty of misconduct (whether or not in the course of his duties) which harmed a child or placed a child at risk of harm; and

that the individual is unsuitable to work with children,

the proceedings are terminated without a decision being made;

a decision is made against which no appeal lies;

in a case where an appeal lies with leave against a decision, the time limited for applications for leave expires without leave being granted; or

in a case where leave to appeal against a decision is granted or is not required, the time limited for appeal expires without an appeal being brought.

a decision to prohibit or restrict the person’s employment or further employment on the grounds mentioned in subsection (6ZA)(a) to (d) of that section; or

a decision not to revoke or vary such a decision as is mentioned in paragraph (a) above.

shall ascertain whether the individual is included in the list kept under section 1 above, or the list kept for the purposes of regulations made under section 218(6) of the 1988 Act; and

if he is included in either list, shall not offer him employment in such a position.

satisfies itself that, on a date within the last 12 months, the other organisation ascertained whether the individual was included in the list kept under section 1 above, or the list kept for the purposes of regulations made under section 218(6) of the 1988 Act;

obtains written confirmation of the facts as ascertained by that organisation; and

if the individual was included in either list on that date, does not offer him employment in a child care position.

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on an appeal under section 167B of the Education Act 2002;

on an appeal under section 65A of the Children Act 1989 or under, or by virtue of, Part XA of that Act;

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on an appeal or determination under section 21, or 68 of the Care Standards Act 2000;...

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on an appeal under section 166 of the Education Act 2002;or

on an appeal under, or by virtue of, Part 3 of the Childcare Act 2006. ; or

on an appeal under, or by virtue of, Part 2 of the Children and Families (Wales) Measure 2010

as to the circumstances in which applications for permission may be made; or

for obtaining a medical report in a case where the decision appealed against was made on medical grounds.

as to the circumstances in which applications for leave may be made;

for enabling any functions which relate to applications for leave or other matters preliminary or incidental to an appeal or determination to be performed by the President, or by the chairman;

for the holding of hearings in private in prescribed circumstances;

for imposing reporting restrictions in prescribed circumstances;

as to the persons who may appear on behalf of the parties;

for granting any person such discovery or inspection of documents or right to further particulars as might be granted by a county court;

for obtaining a medical report in a case where the decision appealed against was made on medical grounds;

for requiring persons to attend to give evidence and produce documents;

for authorising the administration of oaths to witnesses;

for the determination of appeals or issues or applications for leave without a hearing in prescribed circumstances;

as to the withdrawal of appeals or applications for determinations;

for the award of costs or expenses;

for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court);

for the recording and proof of decisions and orders of the Tribunal;

for enabling the Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations; and

for notification of the result of an appeal or determination to be given to such persons as may be prescribed.

which is imposed in England and Wales by the county court or in Northern Ireland by Tribunal Procedure Rules in relation to any of the proceedings of the Tribunal mentioned in subsection (2) above, and

which is—

any requirement imposed by the regulations by virtue of subsection (3)(j) above,

the references to children in sections 1(1), 2(7)(b), 3(3)(b) and 4(3)(b) above and section 12(1) below included references to persons aged 18 or over who are suffering from mental impairment; and

the references to a child in sections 2(2)(a), (7)(a) and (9)(a), 3(3)(a) and 4(3)(a) and (4) above included references to a person aged 18 or over who is suffering from such impairment.

employment or further employment in it may be prohibited or restricted by regulations made under section 218(6) of the 1988 Act; and

it is not a position at an independent school which is a children’s home for the purposes of Part VIII of the Children Act 1989.

an individual who is or has been employed in a child care position has been referred by an organisation to the Secretary of State for inclusion in the Consultancy Service Index;

the reference has not been determined at the commencement of section 2 above; and

any of the conditions mentioned in subsection (2), or the condition mentioned in subsection (3), of that section was fulfilled in relation to the reference,

the individual is included (otherwise than provisionally) in the Index; or

the Secretary of State determines that he should not be included in it.

the list kept under section 1 above; or

the list kept for the purposes of regulations made under section 218(6) of the 1988 Act,