Transcript Vetting and Barring Scheme

The Vetting & Barring Scheme
Simon Morrison
Home Office
January 2010
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.
2
Fundamental Reform
The Scheme will fundamentally reform safeguarding
practices….
– Enabling barred people to be removed from all activity
with vulnerable groups
– Continuously monitoring the registration status
– Using an open and transparent process
However employers & voluntary groups retain their
responsibility for ensuring safe recruitment and
employment practices.
3
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
4
Strengthening Safeguarding
CRB Disclosures
‘Regulated
Activity’
1
3
Barring
4
Registration
&
Online Checking
Safer Recruitment
Safer Recruitment
1
CRB Disclosures
ISA & Referrals
2
Strengthening Safeguarding
‘Regulated
Activity’
1
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)
7
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).
8
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 Charity Trustees
Children’s Chatroom Moderators
10
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
11
Strengthening Safeguarding
CRB Disclosures
‘Regulated
Activity’
1
Safer Recruitment
Safer Recruitment
1
CRB Disclosures
ISA & Referrals
2
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)
13
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
14
Strengthening Safeguarding
CRB Disclosures
‘Regulated
Activity’
3
Barring
1
Safer Recruitment
Safer Recruitment
1
CRB Disclosures
ISA & Referrals
2
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.
16
ISA Decision Making Process
•
The ISA considers cumulative behaviour and risk of harm
based on :
– Finding of a competent body
– Gathered information – incl. cautions, convictions
– Referral information
•
Gathered information is assessed using a structured
Decision Making Process (DMP)
•
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
18
Strengthening Safeguarding
CRB Disclosures
‘Regulated
Activity’
1
3
Barring
4
Registration
&
Online Checking
Safer Recruitment
Safer Recruitment
1
CRB Disclosures
ISA & Referrals
2
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
20
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
21
Criminal Records Bureau - Role
The CRB will:
•
•
•
•
•
Receive applications for Scheme registration
Process CRB Checks
Gather information for the ISA from PNC
Administer the continuous updating of records
Provide the facility for online checks
22
What will Scheme Registration cost?
• Individuals in paid employment will pay a one 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 an application fee.
• Higher & further education students undertaking
vocational courses (medicine, nursing, teaching, etc)
have to pay the application fee.
• ISA registration is portable, additional CRB checks can be
obtained if necessary
23
Online Checking Service
• Online Checking will be free, available 24/7
• As the Vetting & Barring Scheme is rolled out, it will
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.
24
Online Checking Service
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.
25
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 – everyone registered by July 2015
26
Your Questions ?
For further information visit :
www.isa-gov.org
or call : 0300 123 1111
27