Transcript Vetting and Barring Scheme - Anglican Diocese of Manchester
The Vetting & Barring Scheme and the Independent Safeguarding Authority Dioceses of Chester, Liverpool and Manchester 2009
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…” Vetting and Barring Scheme 2
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
vetting and barring practices….
current • …
but employers retain their responsibilities
for ensuring safe recruitment and employment practices.
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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
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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
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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
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Definition of ‘Regulated Activity’
• •
Involves contact with children or vulnerable adults and:
..is of a
specified nature
(e.g. teaching, training, care, supervision, advice, treatment, website moderation or transport) ..is in a
specified place
(e.g. schools, children’s homes, adult care homes, juvenile detention centres, children’s hospitals)
“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
Includes fostering / childcare & defined “office holders” No distinction is made between paid and voluntary work 7 Vetting and Barring Scheme
What ‘regulated activity’ means Duties and responsibilities where an organisation is providing an activity:
• To undertake regulated activity an individual
must be
registered • • A barred individual
must not
An employer
must check
ISA undertake regulated activity 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 8 Vetting and Barring Scheme
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
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How the process will work
Online Checking Vetting and Barring Scheme 10
Current status
• The ISA was established in
Jan 2008
• From
31 March 2008
schemes , the ISA has been advising the Secretaries of State on referrals to the current barring • 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
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Scheme operation
• The status of individuals will be receipt of new information, such as convictions or referrals from employers.
continuously updated
on • Once they have registered an interest,
employers will be notified
, if the status of their employee changes.
• ISA-registration is fully
portable.
Not barred ISA registered Online status checking Not applied Not ISA registered Voluntarily withdrawn BARRED Vetting and Barring Scheme 12
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
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ISA Decision Making Process
CASE RECEIVED consider: Relevant Conduct (Behaviour) & Risk of Harm Conviction / Caution Competent Body Findings Referral Information Further Info gathered Cumulative Behaviour Specialist Referral CASE ASSESSMENT using ‘Structured Judgement Process’ Minded to Bar Automatic Bar / subject to Representations Vetting and Barring Scheme BARRING DECISION & Listing 14
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
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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
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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 .
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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
no application fee.
pay
• Students undertaking
vocational courses
(medicine, nursing, teaching, etc) will have to pay the application fee.
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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
from the Scheme if an employee becomes de-registered • Parents/individuals will be able to
check
that the workers they employ in a private capacity in regulated activity are registered with the ISA
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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
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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
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