The Vetting Barring Scheme What is the Vetting

The Vetting & Barring Scheme

What is the Vetting & Barring Scheme? l l l New, improved checking and monitoring scheme aiming to prevent unsuitable people from working or volunteering with children and/or vulnerable adults. The ISA is a new Non Departmental Public Body (NDPB) which will decide who is ‘barred’ from working with these groups, after considering CRB referrals. Sponsored by the Home Office and supported by DCSF and DH.

The Bichard Report - Recommendation 19 “New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. The register would confirm that there is no known reason why an individual should not work with these client groups. ”

Highlights l l l Core purpose: to prevent unsuitable people from working with children and vulnerable adults The ISA will play a major part in reforming current vetting and barring practices by barring individuals who pose an obvious risk to vulnerable groups…. …but employers retain their responsibilities for ensuring safe recruitment and employment practices.

Words of Warning l l l The VBS will not absolve employers of their responsibility for safe recruitment The VBS will provide an extra safeguard – not a complete solution We all have a continuing responsibility to ensure that safeguarding works

Scheme overview l l l Once the Vetting & Barring Scheme (VBS) has been fully rolled out, it will be illegal for employing organisations to engage anyone in regulated activity without checking their registration status first. Employers will be notified if an individual is deregistered from the scheme. Information-sharing framework is enshrined in law and at the heart of the scheme.

Key VBS Features l Register of people – No known reason they should not work with children or vulnerable adults Two lists Where there are reasons they should not work with children or vulnerable adults Independent decision making Continuous updating of status

Who does the scheme extend to? l Paid workers l Volunteers l Current workforce l Including workers from overseas

What is regulated activity? Involves contact with children or vulnerable adults and is: • of a specified nature (e. g. teaching, training, care, supervision, advice, treatment or transport) on a frequent*, intensive* and/or overnight basis. • in a specified place (e. g. schools, care homes, etc), frequently* or intensively*. • • fostering and childcare or a defined “office holder” (includes: LA Director of Children’s Services; trustees of certain charities; school governors). No distinction made between paid and voluntary work.

Regulated activity Specified Activities l l l Teaching, training or instruction, care or supervision of children or vulnerable adults Advice or guidance for children. Advice, guidance or assistance for vulnerable adults Any form of treatment or therapy provided to a child or vulnerable adult Driving a vehicle which is being used only for the purpose of conveying children or vulnerable adults (Will include ambulance services) Activity which involves on a regular basis the day to day management or supervision of a person carrying out the activities above is also regulated activity

Regulated activity Specified places l l l childcare premises including nurseries residential homes for children in care children’s hospitals children’s detention centres adult care homes In specified places even if you are not carrying out specified activity like treatment or care, you are engaged in regulated activity if you are carrying out work which gives you the opportunity of contact with vulnerable groups. This includes catering, cleaning, administrative and maintenance workers or contractors. Activity which involves on a regular basis the day to day management or supervision of a person carrying out the activities above is also covered

Definition of child, vulnerable adult l l l Child - a person under 18 Vulnerable adult - a person who has attained the age of 18, and is receiving any form of health care is receiving a service or participating in an activity which is specifically targeted at people with age-related needs, disabilities or prescribed physical or mental health conditions or expectant or nursing mothers living in residential care age-related needs includes needs associated with frailty, illness, disability or mental capacity More - see S 59 of SVG Act

Employer duties - referrals l l l Employers, professional and regulatory bodies, and child/adult protection teams in Local Authorities must refer information to the ISA in certain circumstances. In other circumstances, employers may refer information regarding an individual’s conduct to the ISA. The Independent Safeguarding Authority will inform professional/regulatory bodies if it bars someone, so that their professional registration can also be reviewed.

Referral specifics l l l If an employee is dismissed or moved from regulated activity because of inappropriate behaviour towards a child or vulnerable adult this MUST be reported to the ISA. If an employee under investigation for inappropriate behaviour resigns before a disciplinary investigation is complete this MUST be reported to the ISA. This includes volunteers as well as paid staff

Referral specifics…. l l l If employers have other concerns about an employee’s behaviour that don’t reach the mandatory benchmark they MAY be reported to the ISA If employers have serious concerns about other individuals who they are aware of but do not employ they MAY report these to the ISA The ISA will consider all relevant information

When does it start? l l l The ISA ‘goes live’ on 12 October 2009. Only new entrants to the workforce & those moving jobs will be allowed to register with the scheme for the first six months. Members of the existing workforce will be phased into the scheme over a five year period.

What will it cost? l l l Individuals in paid employment will pay £ 64 when applying for ISA registration. There is no discount on this one-off application fee but in most cases a CRB Enhanced Disclosure will be included in the initial registration process. Those involved only in unpaid voluntary activity will pay no application fee.

How the application process works

How it will work – Operations The Criminal Records Bureau will: • • Receive applications to the scheme. • Administer automatic inclusions on the list and cases where there is no information. • Provide the facility for online checks and continuous updates. Gather and monitor information for the Independent Safeguarding Authority.

Will this replace the CRB? l l No – the Scheme is a mandatory addition to current safeguarding systems, not a replacement. Statutory requirements for CRB checks in certain sectors will remain. The ISA will filter out those who pose an obvious risk. ISA registration does not guarantee that an individual has a clean criminal record – but that it has been checked by the ISA, which does not consider it to mean the individual should be barred.

How it will work? Barring Routes: • Auto Bar – without representation • Auto Bar – with representation • Bar based on case assessment

ISA Decision Making Process l l l l Underpinned by need to be proportionate, fair, transparent, justifiable Will not second guess courts or competent body findings Did relevant conduct happen or is one of the ‘risk of harm’ categories satisfied? – facts must be proven on the balance of probabilities Trained caseworkers & expert Board will make barring decisions In most cases a right to representations / specialist referral – do these cast doubt on any findings on the facts or the assessment of risk? Employee and employer informed of ISA registration or ‘minded to bar’ before barring takes place An appeal process via the Care Standards Tribunal if a barring decision needs subsequent challenge

Scheme operation – Barring and online status l l l The status of individuals will be continuously updated on receipt of new information, such as new convictions or referrals from employers. Employers will be notified, where they have registered an interest, if the status of their employee changes. Scheme membership is transferable. Not barred Online status checking ISA Registered Not applied Not ISA Registered Voluntarily withdrawn Left scheme BARRED Page 24

What can I expect to see next? l l l l Full detailed guidance – generic & sector specific Staffed call centre Promotional guides, leaflets & information Direct marketing & advertising campaigns Improved website Training roadshows Free briefing toolkits

What do I have to do next? l l l l Inform colleagues – HR, disclosure staff Start outline planning – staff numbers/budgets Keep up to date with Scheme developments via www. isa-gov. org Send any questions to scheme. info@homeoffice. gsi. gov. uk Attend roadshows & encourage colleagues to as well Use briefing tools when available to spread the word Liaise & maintain dialogue with relevant registered bodies

For further information please visit www. isa-gov. org or call 0300 123 1111 Thank You