The Vetting and Barring Scheme and the

Independent Safeguarding Authority

Updated 28 Jan 2010

Chris Peel

Highlights

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

The Scheme will reform current vetting and barring practices….

…but employers retain responsibility for ensuring safe recruitment and employment practices.

Criminal Records Bureau and the Independent Safeguarding Authority

The Vetting and Baring Scheme is not replacing the CRB with the ISA

Registering with the ISA is not the same as applying for a CRB disclosure

The CRB will administer the VBS scheme but ISA will make decisions about registration

In some situations registration will be obligatory but CRB’s remain voluntary for faith groups

Legal & policy framework

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

It defines two types of activity for which there are requirements placed on employers and individuals:

regulated activity and

controlled activity (does not apply to us)

Definition of regulated activity

Any activity which involves contact with children and is of a specified nature (e.g. teaching, training, care, supervision, advice, treatment or transport) frequently (once a week or more), intensively (on four or more days in a 30-day period) and/or overnight

Any activity allowing contact with children and is in a specified place (e.g. schools, children’s homes, etc)

Certain defined “office holders” (e.g. trustees of children’s charities, school governor)

No distinction is made between paid & voluntary work

Regulated Activity Provider

A regulated activity provider (RAP) is an organisation or individual responsible for its management and makes arrangements for people to work in it

In ecclesias the RAP will be the Arranging Brothers

In other Christadelphian organisations the RAP be the committee set up to organise it

An exception might be if the ecclesia/organisation is a registered charity, in which case trustees might be regarded as the RAP

‘Employer’ in this presentation means RAP

Duties and responsibilities in regard to regulated activities

Anyone providing a regulated activity must be registered with the ISA (when required)

It is a criminal offence for barred individuals to take part in a regulated activity for any length of time

It is a criminal offence for an employer to take on an individual for a regulated activity if they fail to check that person’s status (if they should be registered)

Duties and responsibilities in regard to regulated activities

It is a criminal offence for an employer to allow a barred individual or (once the scheme has been rolled out) an individual who is not yet registered to work for any length of time in any regulated activity

Employer duties - Referrals

Employers, professional and regulatory bodies, and child protection teams in Local Authorities are under a duty to refer relevant information to the ISA.

Employers and service providers must refer information to the ISA when they have dismissed an individual, or an individual resigns, because they harmed, or may harm, a child or vulnerable adult.

There is a new offence – punishable by a fine – for employers who fail to provide relevant information to the scheme.

When does it start?

Key dates are– 12 October 09– 26 July 2010– 01 November 2010

12 October 09

The Vetting and Barring Scheme launchedAlthough there are some organizational changes CRB disclosure continue to be applied for as nowEmployers have a duty to refer to ISA information about individuals who may pose a threat to vulnerable groupsCriminal penalties for barred individuals to seek or undertake work with vulnerable groupsPenalties for employers who knowingly take on a barred individual

From 26 July 2010

Individuals will be able to apply (via CSSU) to the CRB for ISA registration (England and Wales)

New dual application form for CRB and ISA

5 year role out for registration of those currently working with children

Employers (and others) will be able to ask about someone’s registration via an on-line system

Employers can be informed of changes to someone’s status if they ‘register an interest’

01 November 2010

Legal requirement for individuals to register with ISA if they are or they intend to work with children or vulnerable adults (in England, Wales or Northern Ireland)

Not everyone can register straight away though. Initially those appointed to / volunteer for new posts can and must

What will it cost?

Individuals in paid employment will pay £64 when applying for registration with the Scheme.The one-off application fee is composed of two elements: £28 to fund the running of the ISA and £36 to pay for the CRB Enhanced Disclosure.Those involved only in unpaid voluntary activity will pay no application fee.

Criminal Records Bureau Disclosures

Remember:• ISA Registration does not replace ‘CRB checks’

• Individuals may apply for one and not the other

• Although Registration will be compulsory where the criteria is met CRB disclosure applications remain voluntary for faith groups

Advice from the ISA and CRB is that employers will have to risk assess the advantages / disadv-antages of doing 3 yearly disclosure applications

How it will work – Barring decisions

The Independent Safeguarding Authority will:

Decide who to place on the barred lists and maintain the barred lists

Consider representations

How it will work – Operations

The Criminal Records Bureau will:

Receive applications for scheme registration

Gather and monitor information for the ISA

Administer the continuous updating of records

Provide the facility for online checks

Scheme operation – Barring and online status

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

Employers will be notified, where they have registered an interest, if the status of their employee changes.ISA registration is ‘portable’.

Issues for Ecclesias & Other Organisations

Deciding what activities would be considered ‘regulated’.

Deciding who is providing the regulated activities and therefore require registering.

If criteria are not met, whether to voluntarily register

When to initiate ISA registrations for Youth Leaders during the role out.

Who should register an interest as the employer

Whether to also undertake / continue with 3 yearly CRB applications