Vetting and Barring Scheme – Road show July 09 – Briefing Paper

This paper was complied from notes taken at the meeting and using information from the ISA website.

Background

Following the murders of Jessica Chapman and Holly Wells by Ian Huntley (a school caretaker) in 2002, the Bichard Inquiry was commissioned. One of the issues this Inquiry looked at was the way employers recruit people to work with children and vulnerable adults.

It asked whether the way employers check the background of job applicants is reliable enough. It also asked whether employers should be responsible for deciding whether a job applicant can be safely employed.

The Inquiry’s recommendations led to the Safeguarding Vulnerable Groups Act 2006,which recognised the need for a single agency to vet all individuals who want to work or volunteer with vulnerable people. It is recognised that this will take 5 years to fully implement.

The ISA was created to fulfil this role across England, Wales and Northern Ireland. (Scotland is developing its own similar system, which will work closely with the ISA.)

What will be new?

  • There will be a register of those able to work with vulnerable groups
  • Due to the definition of regulated activity the scope of those people who will fall under the provision of the scheme will widen (estimated that there will be an increase of 40% in the number of people covered) The total number of people expected to need to register as undertaken regulated activity is expected to be around 11 Million people
  • The concept of controlled activity is introduced
  • There will be a new barred list replacing existing lists
  • There will be continuous monitoring
  • There will be a free on line checking system
  • ISA register will confirm that there is no known reason why an individual should not work with the relevant groups

Definition of regulated activity

Regulated activity is any activity ofa specified nature such as teaching and youth work which involves contact with children or vulnerable adults frequently (once a month or more) intensively(3 or more times within 30 days) and/or overnight. Anyone engaged in this type of activity will have to be registered. There is no distinction between paid employment and voluntary activity.

Also people who work in specified places such as schools, children’s homes etc allowing contact frequently or intensively with children and vulnerable adults will also have to be registered.

In addition people who hold certain defined positions of responsibility in relation to regulated activity such as school governors, directors of social service and trustees of relevant VCS Organisations will also have to be registered as will foster carers and childcare workers.

It will be a criminal offence, for a barred individual to take part in a regulated activity.

It will be an offence for an employer to take on an individual in regulated activity if they fail to check that person’s status. And it will also be an offence for an employer to allow a barred or unregistered individual to work in a regulated activity.

Controlled activity is a much smaller group of people, around 0.5 Million and are those people who undertake work which brings them into contact with children young people and vulnerable adults such as ancillary support workers, cleaners, receptionists etc. This group will also comprise those who have access to sensitive data and records on children, young people and vulnerable adults.

What is the ISA

The Independent Safeguarding Authority’s (ISA) role is to help prevent unsuitable people from working with children and vulnerable adults. They’re based in Darlington. They are overseen by a board of 10 members who have an extensive background in safeguarding and the Chairman is Roger Singleton. They employ about 200 caseworkers / decision-makers.

They will assess every person who wants to work or volunteer with vulnerable people. Potential employees and volunteers will need to apply to register with the ISA.

Applicants will be assessed using data gathered by the Criminal Records Bureau (CRB) including relevant criminal convictions, cautions, police intelligence and other appropriate sources. They have no investigative capacity and will use information referred to them.

Using this information they will decide on a case-by-case basis whether each person is suited to this work.

They will securely store information about people’s ISA status for employers and voluntary organisations to use when they are recruiting.

Only applicants who are judged not to pose a risk to vulnerable people can be ISA-registered. Once the scheme has been fully rolled out, employers who work with vulnerable people will only be allowed to recruit people who are ISA-registered.

The ISA registration will mean that list of registered individuals is continuously monitored and should an individuals status change that change will be immediately registered.

In order for them to operate effectively information sharing and referral process are essential.

Duty to refer

The following organisations have a legal obligation to refer relevant information to ISA;

  • Child / adult protect teams in Local authorities
  • Professional bodies and supervisory authorities listed in the Act
  • Employers and service providers of regulated and controlled activity
  • Personnel suppliers – agencies and educational institutions.

Other organisations such as all other employers of people working with the client groups, parents, and private employers can refer information to the ISA but they would then pass that information on to social services or the police to investigate.

Employers and service providers must refer information to ISA when they have dismissed an individual or an individual resigns because they have harmed or may harm a child or vulnerable adult. If an employee leaves before they were dismissed on grounds that could lead to them being barred then the employer must refer to the ISA. There will be a new offence for employers who fail to provide relevant information without a reasonable excuse.

ISA Decision Making Process

This will be underpinned by the need to be proportionate and fair. A detailed explanation of the process is available on the ISA website.

Thereare a series of stages including initial assessment, evidence evaluation, case assessment and representation before a barring decision is finally made.

It is unlikely that convictions/ cautions that are over ten years old will count against and individual unless they are serious and unless the last offence forms part of an offence history.

Cost

The cost of applying to register with the Vetting and Barring Scheme has been set at £64. This is comprised of a £28 fee to cover the ISA's costs and £36 to cover the CRB's costs as administrator of the applications. The figures and forecasts for the first five years of the scheme’s operation have been analysed and the £28 figure is based on cost-recovery for the scheme – that is, what it will cost to ensure the scheme is self-financed during that period.

It is the responsibility of the individual to find the money to pay for registration.

The fee will be a one-off payment and is intended to cover the applicant for the duration of their career in regulated activity.

Only those involved in unpaid voluntary activity will not have to pay the application fee, however if someone who has been registered as a volunteer then gains paid employment they will then have to pay the £64 fee.

Implementation

The full registration programme will be rolled out from November 2010 and will take a five year period before the whole of the effected group is registered.

It will be mandatory from year one onwards that all new employees or those that change jobs internally must register with the ISA and employers must check their status with the ISA. It is envisaged that in year two those people who have not previously been checked will register and in year three those individuals who have checks over 3 years old.

Registration

Once individuals have registered with the ISA their status can be checked on line by employers and other interested parties. It will however be illegal to check someone’s status without their consent. To check details an employer will need someone’s date of birth and ISA number.

Checking the registration provides a ‘real time’ check and employers can subscribe to a service to be informed of employees change in status

ISA registration is transferable so once someone is registered then any new employer will be able to check their registration without further cost.

CRB – role and changes

The CRB will continue to process applications for standard and enhanced rerecords checks and issue certificates. Eligibility for enhanced checks will extend to include anyone in a registered activity.

From July 2010 applications must be made on a new form.

Checking that someone is registered with the ISA, It does not check for malpractice or all criminal convictions, and therefore registration with the ISA does not guarantee that a person has no criminal history. A CRB check provides a fuller picture of a person’s criminal history and allows employers to make informed decisions as to whether that person is suitable for a particular role or position.

For individuals registered with the Vetting and Barring Scheme, further Enhanced CRB checks will be at the employers’ discretion and organisations may still wish to apply for CRB Enhanced Disclosure to obtain an applicant’s full criminal record. However, where there is a legal requirement to check or they are required by a regulatory body (such as Ofsted), it is envisaged that the existing statutory requirements for CRB Enhanced Disclosures will still apply.

VCS Engage NW: Briefing Paper

July 2009Page 1