9.This list has also been in use for a number of years, but with two differences: it has wider criteria (e.g. to include medical reasons or forms of misconduct other than ones which reflect on suitability for employment in child care positions); and it has always been on a statutory basis (though without any formal rights of appeal against inclusion). Hitherto, the various reasons for inclusion on the list have not been prescribed to the degree set out in the Act because it has not been necessary to do so. Further, the Protection of Children Act provides a statutory avenue of appeal against inclusion on the list, and thus provides for both lists a common regime of appeal simultaneously.
Background Department for Education and Employment “List 99”