The Vetting & Barring Scheme and the Independent Safeguarding Authority Dioceses of Chester, Liverpool and Manchester 2009

The Vetting & Barring Scheme and the

Independent Safeguarding Authority

Dioceses of Chester, Liverpool and Manchester

2009

2Vetting and Barring Scheme

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

• The Safeguarding Vulnerable Groups Act 2006 sets out the scope of the scheme.

• Core purpose: to prevent unsuitable people from working with children and vulnerable adults

• The Scheme will significantly reform current vetting and barring practices….

• …but employers retain their responsibilities for ensuring safe recruitment and employment practices.


Summary of Scheme Impact

• Once the Vetting & Barring Scheme (VBS) has been fully rolled out, it will be illegal for organisations to engage anyone in ‘regulated activity’ without checking their registration status first.

• Those with a legitimate registered interest will be notified if an individual is de-registered from the scheme

• Information sharing framework is enshrined in law and is at the heart of the scheme


However …

• The Vetting and Barring Scheme is an additional mandatory safeguard – not a complete solution

• The VBS will not absolve employers or voluntary organisations of their responsibility for following safe recruitment practices

• We all have a continuing responsibility to ensure that safeguarding works


Definition of Vulnerable Groups

• Child - a person under 18• Vulnerable Adult - a person who is over 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, with disabilities, with prescribed physical or mental health conditions or who are expectant or nursing mothers or living in residential care

– age-related needs includes needs associated with frailty, illness, disability or mental capacity

• For more detail - see S59 of SVG Act


Definition of ‘Regulated Activity’

Involves contact with children or vulnerable adults and:

• Includes fostering / childcare & defined “office holders”

• No distinction is made between paid and voluntary work

..is of a specified nature (e.g. teaching, training, care, supervision, advice, treatment, website moderation or transport)

“frequently, intensively and/or overnight”- once a month or more on an ongoing basis -3 or more occasions in a period of 30 days- Overnight : between 2 - 6am

..is in a specified place (e.g. schools, children’s homes, adult care homes, juvenile detention centres, children’s hospitals)


What ‘regulated activity’ means

Duties and responsibilities where an organisation is providing an activity:

• To undertake regulated activity an individual must be ISA-registered

• A barred individual must not undertake regulated activity

• An employer must check that a prospective employee who is in regulated activity, is ISA-registered

• An employer must not engage in regulated activity a barred person, or a person who is not ISA-registered

• Personal and family relationships are not covered


Staffing impacts

• Staff cannot refuse to become ISA-registered and still carry out regulated activity

• If an existing member of staff is barred, they must be moved from regulated activity immediately

• But unsubstantiated or malicious allegations won’t be enough to get a member of staff barred

• Individuals may make representations against being barred in most circumstances


How the process will work

Online Checking


Current status

• The ISA was established in Jan 2008

• From 31 March 2008, the ISA has been advising the Secretaries of State on referrals to the current barring schemes

• The ISA is managing the the new barred lists, including consideration of currently barred individuals

• From 20 Jan 2009, following secondary legislation, the ISA is taking the decisions on new referrals to the current barring schemes - business as usual, except that referrals go to the ISA instead of DCSF or DH


Scheme operation

• The status of individuals will be continuously updated on receipt of new information, such as convictions or referrals from employers.

• Once they have registered an interest, employers will be notified, if the status of their employee changes.

• ISA-registration is fully portable.

Online status checking

ISA- registered

Not ISA- registered

Not barred

Not applied

BARRED

Voluntarily withdrawn


Employer duties - referrals

• 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

• Parents/private employers should go to a statutory agency who can investigate and refer if appropriate (e.g. social services or the police)

• The Independent Safeguarding Authority will inform professional/regulatory bodies if it bars someone, so that their professional registration can also be reviewed


ISA Decision Making Process

Automatic Bar / subject to Representations

CASE RECEIVED consider:

Relevant Conduct

(Behaviour)&

Risk of Harm

Conviction / Caution

Competent Body Findings

CASE ASSESSMENT

using ‘Structured Judgement Process’

Referral Information

Further Info gathered

Cumulative Behaviour

BARRING DECISION& Listing

Rep

rese

nta

tio

ns

Minded to Bar

Specialist Referral


ISA Decision Making Process

• 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

• Appeals against ISA decisions are heard by the Upper Tribunal. They will grant permission for an appeal to be heard where an individual considers the ISA has made a mistake in law or in fact


Timetable for Scheme introduction

• From October 2009 - Wider definition of “regulated activities” brought into force

• Extended Barring arrangements will apply to a wider range of activities and in a wider range of settings– NHS settings & HM Prison Service

• Providers of regulated activities are duty bound to notify the ISA of relevant information– individuals who pose a threat can be identified and barred

• New criminal offences– becomes a crime for a barred individual to seek or undertake work

with vulnerable groups; and for employers to knowingly take them on


Timetable for introduction …cont

• Applications for ISA-registration for new entrants to the workforce & those moving jobs will start in July 2010

• From November 2010 it will be mandatory for new entrants and job movers to have ISA-registration before they start their new posts

• Members of the existing workforce will be phased into the scheme from January 2011

• We expect the roll out to phase in over a 5 year period.


What will it cost?

• Individuals in paid employment will pay £64 when applying for registration with the Scheme.

• Those involved only in unpaid voluntary activity will pay no application fee.

• Students undertaking vocational courses (medicine, nursing, teaching, etc) will have to pay the application fee.


Summary

• Barring decisions will be taken by independent experts.

• Once fully implemented, anyone working or volunteering with children or vulnerable adults in regulated activity must register

• Employers must verify a person’s registration status and ensure those they place with vulnerable people are on the Scheme

• Better information sharing - employers, other statutory, business and public organisations must refer appropriate information to the ISA

• Employers will be informed if an employee becomes de-registered from the Scheme

• Parents/individuals will be able to check that the workers they employ in a private capacity in regulated activity are registered with the ISA


What can I expect to see next?

• Staffed call centre

• Information roadshows

• Free briefing toolkits

• FAQs, Case Studies and detailed Guidance will be available on the website

• Promotional guides, leaflets & information

• Direct marketing & advertising campaigns

• Improved website


So what does this mean for my Church?

• New forms being issued approximately 4-6 weeks prior to the scheme going live

• Carry on with the appropriate CRB disclosure applications – we have 5 years to get through the applicants

• Go live in July 2010 – applications for new entrants into the workforce start - whether paid or voluntary

• November 2010 – all new applicants and job movers to go through process – Mandatory

• January 2011 – existing workforce to be phased in

• More info on the diocesan website

For further information please visit :

www.isa-gov.orgor call : 0300 123 1111

Documents

The Vetting & Barring Scheme and the Independent Safeguarding Authority Dioceses of Chester, Liverpool and Manchester 2009