Transcript Vetting and Barring Scheme

The Vetting & Barring Scheme
Home Office & Dept of Health
December 2009
Format of presentation
• Background to the Scheme
• DVD
• What’s New
– 4 aspects of the scheme
• Operational Responsibilities
• Phasing and Costs
• Any Questions…
2
Introduction to the scheme
• The Safeguarding Vulnerable Groups Act
2006 sets out the scope of the scheme in
England, Wales & Northern Ireland.
• Core purpose: to prevent unsuitable people
from working or volunteering with children &
vulnerable adults in formal arrangements
• The Vetting and Barring Scheme is a core
recommendation of the Bichard Inquiry Report
and is central to a new framework which
enables information sharing to support public
protection.
3
Fundamental Reform
The Scheme will fundamentally reform current
practices….
– Enables barred people to be removed from all activity
with vulnerable groups
– Continuous monitoring of registration status
– Open and transparent process
Employers & voluntary groups retain their
responsibility for ensuring safe recruitment and
employment practices.
4
Preparation for the Scheme
Police
Regulators
Umbrella
Bodies
Other Government Departments
Stakeholders in Education, Faith,
Health / Social Care, Sport, Local Authorities
Employers , Recruitment Agencies, Unions, Charities
Sir Roger Singleton’s Check
• Objective : To ensure the Scheme provides appropriate
protection without imposing a disproportionate burden on
those who do not have regular contact with vulnerable
groups.
• Ed Balls, the Secretary of State DCSF, asked Sir Roger
Singleton - the Government’s Chief Adviser on the Safety
of Children - to check that the “frequent” and “intensive”
principles are appropriate for real life situations.
• The process does not impact the timetable for
introducing the new Scheme.
All recommendations accepted
• Scheme Registration still does not apply to private
arrangements
• Adjustment to Frequent and Intensively definitions and
situations where individuals are with different groups.
• Clarification that young people in education will not be
required to register.
• Extended exclusions around foreign exchanges &
international visits such as scout jamborees & sport
• Two million fewer adults will be required to register
• Review of the law and advice on requirements for CRB
checks for workers with ISA registration.
• Review of ‘Controlled’ Activity
7
Imagine......
8
Sir Michael Bichard
‘ .. for those agencies whose job it is to protect children
and vulnerable people, the harsh reality is that if a
sufficiently devious person is determined to seek out
opportunities to work their evil, no one can guarantee
that they will be stopped.
Our task is to make it as difficult as possible for them
to succeed…’
Sir Michael Bichard
9
Strengthening Safeguarding
ISA: Referrals
& connection
with Regulators
‘Regulated1
Activity’
& related
offences
2
ISA : 3
DMP &
2 Barred
lists
ISA Scheme 4
Registration
&
Online Checking
Safer Recruitment
Safer Recruitment
1
CRB Disclosures
CRB Disclosures
Strengthening Safeguarding
‘Regulated1
Activity’
& related
offences
Safer Recruitment
Safer Recruitment
1
CRB Disclosures
CRB Disclosures
What is Regulated Activity?
•
•
•
•
Any activity which involves contact with children or
vulnerable adults and is of a specified nature (e.g.
teaching, training, care, supervision, advice, treatment or
transport) … frequently or intensively and/or overnight
Any activity allowing contact with children or vulnerable
adults and is in a specified place (e.g. schools,
children’s homes, etc) … frequently or intensively
Both fostering and childcare
Certain defined “office holders” (e.g. LA Director of
Children’s Services, trustees of children’s charities,
school governor)
12
Frequent or Intensive Contact
• Frequent contact - takes place once a week or more
(previously once a month or more).
• Intensive contact - takes place on 4 days in one month
or more or overnight (previously 3 times in every 30 days
or overnight).
• Individuals who go into different settings to work with
different groups are not required to register
• Exemptions for overseas visitors escorting children and
exchange visits lasting less than 28 days
13
Definition of ‘Vulnerable Adult’
Health
– receives any form of health care
Social
Care
– lives in residential accommodation including
sheltered housing
– receives domiciliary care
– receives support, assistance or advice to help
them live independently
– requires assistance in the conduct of their own
affairs.
– receives a direct payment
– is an expectant/nursing mother in residential
accommodation provided by the LA or NHS
Sport,
Faith etc
Justice
– receives any service or participates in activity
provided specifically because of age or disability
– is detained in lawful custody
– is on probation
Regulated roles include...
• Roles where people are providing formal advice, guidance
or assistance to vulnerable adults or children, including
teaching, care or supervision. Such as:
Childcare workers
All staff in Schools
GPs & Nurses
Osteopaths, chiropractors
Care workers
All staff in Children’s hospitals
Prison officers
Opticians, Dentists
Youth workers
Many sports coaches
Some Taxi drivers
Volunteers in the sector
Some Charity Trustees
Child Chatroom Moderators
15
Strengthening Safeguarding
ISA: Referrals
& connection
with Regulators
2
‘Regulated1
Activity’
& related
offences
Safer Recruitment
Safer Recruitment
1
CRB Disclosures
CRB Disclosures
Independent Safeguarding Authority
A non-departmental public body, established in Jan 2008
Responsibilities:
•Act as a central point to collect information and intelligence
in order to protect children or vulnerable adults
•To bar people who are unsuitable to work with children or
vulnerable adults
•To manage the barred lists for Children and Vulnerable
Adults (previously POCA, POVA, List 99)
17
Referrals to the ISA
• ISA has a duty to consider information referred to it.
• 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(e.g. social services or the police)
• Full guidance is available on the ISA website
18
Strengthening Safeguarding
ISA: Referrals
& connection
with Regulators
2
ISA : 3
DMP &
2 Barred
lists
‘Regulated1
Activity’
& related
offences
Safer Recruitment
Safer Recruitment
1
CRB Disclosures
CRB Disclosures
Barring Routes
• Auto Bar – without representation
• Auto Bar – with representation
• Bar based on case assessment
A barred person loses their ISA registration
and cannot engage in regulated activity.
21
ISA Decision Making Process
•
The ISA considers cumulative behaviour and risk of harm
based on :
– Finding of a competent body
– Gathered information – inc cautions, convictions
– Referral information
•
Gathered information is assessed using structured the
ISA Decision Making Process (DMP)
•
‘Minded to Bar’ stage includes representation unless it
is an Auto-Bar offence
•
The ISA will inform professional/regulatory bodies when it
bars someone, so that their professional registration can
also be reviewed
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
• 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
23
Strengthening Safeguarding
ISA: Referrals
& connection
with Regulators
‘Regulated1
Activity’
& related
offences
2
ISA : 3
DMP &
2 Barred
lists
ISA Scheme 4
Registration
&
Online Checking
Safer Recruitment
Safer Recruitment
1
CRB Disclosures
CRB Disclosures
July
2010
Introducing : ISA Registration
The Bichard Inquiry 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.”
•A positive register with continuous monitoring of status
25
Effect of Scheme Registration
Duties and responsibilities under the Act, where an
organisation is providing regulated activity:
• A barred individual must not undertake regulated activity
• To undertake regulated activity an individual must be
ISA-registered
• 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
26
Key points for domestic arrangements
• The Scheme includes
– those employed in domestic situations e.g. home
tutors, childminders, personal care assistants,
alternative health practitioners
– self-employed people working in regulated activity e.g.
sports coaching, therapeutic massage
Although it will not be mandatory for ‘domestic’
employers to check people they engage, they can.
A barred person must not engage in any regulated activity
27
Quick Test 1
An arts and drama teacher in a
secondary school wants to
take a youth group out to a
music concert one evening…
Does s/he need to be registered ?
28
Quick Test 2
The volunteer organiser of
local Stroke Association
provides advice on benefits,
grants for home adaptations,
and organises weekly social
evening for members and
their relatives
Does s/he need to be registered ?
29
Quick Test 3
The organiser of a church
lunch club for the retired
which meets weekly…
Does s/he need to be registered ?
30
Equality & Diversity
• The Scheme encompasses all groups equally,
is non discriminatory and has open and
transparent processes.
• Both ISA and CRB have clear policies,
procedures and training to accommodate
specific needs relating to race, disability, age,
gender, gender identity, sexual orientation,
religion and belief
• Further information is available on the ISA &
CRB websites:
http://www.crb.homeoffice.gov.uk/your_rights/equality_and_diversity.aspx
31
Overview of Scheme Process
Individual Applicants
/ Employers
Registered Bodies
Access NI
Applications
Referrals &
Regulators Updates
CRB
Continuous
Monitoring
Police
PND & LPF
CRB
Disclosure
Process
ISA
Case
Management
System
DMP
2 Barred Lists
On-Line
Status Check
32
Criminal Records Bureau - Role
The CRB will:
•
•
•
•
•
Receive applications for scheme registration
Process CRB Checks
Gather information for the ISA from Police Computer
Administer the continuous updating of records
Provide the facility for online checks
33
What will Scheme Registration cost?
• ISA Registration is being phased in, in line with CRB
renewals according to the organisation’s current policy.
• Individuals in paid employment will pay a once off fee of
£64 when applying for registration with the Scheme.
This includes the cost of an enhanced CRB disclosure
• Those involved only in unpaid voluntary activity do not
pay the application fee.
• Students undertaking vocational courses (medicine,
nursing, teaching, etc) have to pay the application fee.
• It is transferable, once registered, additional CRB checks
can be obtained if necessary
34
Online Checking Service
• Online Checking is free, available 24/7
• In line with the Phasing Strategy, as the Vetting & Barring
Scheme is rolled out, it becomes illegal for organisations
to engage anyone in regulated activity without checking
their registration status first.
• Those with a ‘legitimate interest’ in the individual will be
notified if an individual is de-registered from the scheme.
• Regulatory bodies will also be notified, so that
professional registration status can also be reviewed
35
Introducing Online Checking
ISAregistered
Online status
checking
Not barred
Not applied
Not ISAregistered
Voluntarily
withdrawn
BARRED
The status of individuals will be continuously updated
on receipt of new information, such as convictions or
referrals from employers.
36
Scheme phasing
• Applications for ISA-registration will start in July
2010 for new entrants to the workforce & those
moving jobs only.
• 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 April 2011, starting with those
who have never had a CRB check
• We expect the roll out to phase in over a 5 year
period.
37
How you can prepare
Stay Engaged
• Liaise with relevant Registered Bodies and Regulators
• Keep up to date with Scheme developments
• Use briefing tools to spread the word
Ensure Internal Communication
• Inform colleagues especially HR, disclosure staff
• Consider which roles are defined as regulated activity
• Start outline planning – numbers / budgets
For July 2010
• Look at all contracts, terms and conditions
• Prepare adverts for roles as ‘subject to ISA registration’
• Continue safe recruitment practices
38
Your Questions ?
For further information visit :
www.isa-gov.org
or call : 0300 123 1111
39