Safeguarding:New Arrangements

January 2013

Protection of Freedoms Act (2012)

• A proportionate balance between civil liberties and safeguarding vulnerable groups

• Rebalance the role of the employer and the state– Reinforcing disclosure and barring as one part of the wider recruitment and

employment process

• Reducing bureaucracy– E.G. introducing portable DBS certificates , making it efficient, quicker and less costly

• Trusting employers to make rounded decisions about who they employ– Robust recruitment and selection processes, and ongoing safer culture

Protection of Freedoms Act – key changes

From September 2012: • New definition of regulated activity for children and adults

• Provision of statutory guidance on supervision of children

• Repeal of (1) registration & monitoring; (2) controlled activity & (3) additional information

• Introduction of a minimum age (16) at which someone can apply for a DBS check

• More rigorous relevancy test for police – from ‘might be relevant’ to ‘reasonably believe to be relevant’, and a new right of review by an Independent Monitor

From December 2012:• New Disclosure and Barring Service (DBS) – merging of the Criminal Records Bureau

(CRB) and Independent Safeguarding Authority (ISA)

New Definition of Regulated Activity for Children (from 10 September 2012)1. Unsupervised activities: teach, train, instruct, care for or supervise children, or

provide advice / guidance on well-being, or drive a vehicle only for children.

2. Work for a limited range of establishments (‘specified places’), with opportunity for contact, for example schools, children's homes, childcare premises (but not work by supervised volunteers).

• Work under (1) or (2) is Regulated Activity only if done regularly. • Regular = carried out by the same person + once a week or more; 4 or more days in a

30-day period; overnight.

3. Relevant personal care, for example washing or dressing; or health care by or supervised by a professional, even if done once.

4. Registered childminding and foster-carers.

No longer in regulated activity (children)

• Health care not by a health care professional, eg for ‘treatment/ therapy’

• Legal advice

• Occasional or temporary services, e.g. maintenance (but not teaching, ie supply or agency teachers)

• Work of inspectorates, e.g. inspectors of schools, children’s homes

• Office holder positions (in England), e.g. school governors – BUT!!!

• Volunteers who are supervised at a reasonable level

Statutory Guidance: Regulated Activity(supervision of activities with children)

• Volunteers must be supervised by a person who is in regulated activity

• Supervision must be regular and day-to-day

• Supervision must be ‘reasonable in all circumstances’ to ensure the protection of children

• When considering what is ‘reasonable’ should consider age; number of children/adults present; the nature of the work; how vulnerable the children are.

What is not changing? • Continue to make appropriate referrals to the DBS (previously the ISA)

– This means, if an employee or volunteer is dismissed because they have harmed a child/vulnerable adult, or you would have done so if they had not left we must tell the DBS

• Must not employ a person in regulated activity, who is known to be on the barred list by the DBS

• Individuals who fall under the new definition of regulated activity will continue to be eligible for an enhanced disclosure with a barred list check

• Individuals who no longer fall under the new definition BUT fell within the old definition of regulated activity, will be eligible for Enhanced Checks without a barred list check

Future Changes

• A new Update Service (early 2013) – this will allow individuals (if they choose to subscribe to it, and pay a small fee) to have a portable DBS check, which avoid the need for repeat applications.

• Single Certificate (spring 2013) – only one DBS certificate will be issued and sent directly to the individual. It will not longer be issued to the registered body.

Safer workforce cycle

Safer Recruitment

Induction

Training

SupervisionManaging

Allegations

Determining future

employment

Safer Workforce

New Disclosure and Barring Service Forms

Schools that do their DBS (CRB) checks through Croydon Council must start to use the new DBS forms from the

beginning of February

Anyone defined as Regulated ActivityPre-Sept 2012 +

Meets Frequency Test

New Definition of Regulated Activity

Enhanced DBS Check

without Barred List

CheckE.G. Volunteers /

Governors

Enhanced DBS Check

+Child

Barred List Check

Enhanced DBS Check

+Adult

Barred List Check

Enhanced DBS Check

+Child / AdultBarred List

Check

Question 1

Parent volunteer (1):

• Occasionally helps with school trips (once or twice a year).

• Is supervised by the teacher or teaching assistant.

• Is this regulated activity?

• Should you ask for a DBS check?

Question 2

A cleaner in a school:

• Works term time plus some additional weeks during the school holiday.

• Works 2 hours per day from 5pm to 6pm, so children are rarely in school during this time.

• Has no direct contact with children.

• Is this regulated activity?

Regulated activity because work is in a

‘specified place’

• Would this be a DBS check with or without a barred list (children) check?

Enhanced DBS Check

(with a barred list check)

Question 3

Parent volunteer (2):

• Helps children with reading at a school for two mornings a week.

• They are generally based in the classroom, in sight of the class teacher.

• Sometimes takes a group of children to a separate room to listen to them reading and is supervised by a Teaching Assistant who is in the room most of the time.

• Is this regulated activity?

• Should you ask for a DBS check?

Enhanced DBS Check

(without a barred list check)

Question 4

A Volunteer:

• Works in a children’s centre once a week to gain experience for an early years qualification.

• Has volunteered at the centre for a number of years, and is a trusted reliable volunteer.

• Supports the Play Leader every Monday morning.

• Work is supervised but is not always in sight of the Play Leader, ie if supporting outside activities.

• Is this regulated activity?

Regulated activity if work is

unsupervised

• Would this be a DBS check with or without a barred list check?

Enhanced DBS Check

(with a barred list check)

Question 5

An Auditor:

• Goes into various schools on a weekly basis.

• Each school is normally audited on a 3

yearly basis, sometimes yearly.

• On average the auditor spends 2 days in a particular school.

• Whilst in a school the auditor will have access to certain documents but their movement around the school is monitored by the school business manager.

• Is this regulated activity?

• Should the school ask for a DBS

check?

BUT…

The Council does DBS check it’s auditors

Question 6

Maintenance worker:

• A school is undertaking major building work, which start on 1 May and finishes in August.

• The contractors will be on the school site on a daily basis.

• But will have limited access to the school and the work will be carried out in a part of the school that is not accessible to children.

• Is this regulated activity?

• Should you ask for a DBS check?

Question 7

School Governor?

• Is this regulated activity?

• Should you ask for a DBS check?

YES, YES, YES

Enhanced DBS Check(without a barred list check)

Useful websites

• E-mail to HOSPPUEnquiries@homeoffice.gsi.gov.uk

• Home Office website at http://www.homeoffice.gov.uk/disclosure-and-barring

• CRB website at http://www.homeoffice.gov.uk/crb

• ISA website at http://www.isa.homeoffice.gov.uk

• Business Link: www.businesslink.gov.uk

• DirectGov: www.direct.gov.uk