The Vetting & Barring Scheme

Simon Morrison

Home Office

January 2010

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.

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

1

CRB Disclosures

Safer Recruitment

CR

B D

isc

los

ure

s

Sa

fer

Rec

ruit

me

nt

‘Regulated Activity’

1

ISA & Referrals 2

Barring

3

Registration &

Online Checking

4

Strengthening Safeguarding

1

CRB Disclosures

Safer Recruitment

CR

B D

isc

los

ure

s

Sa

fer

Rec

ruit

me

nt

‘Regulated Activity’

1

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’

– receives any form of health 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

– receives any service or participates in activity provided specifically because of age or disability

– is detained in lawful custody– is on probation

Health

Social Care

Justice

Sport,Faith etc

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

11

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

Strengthening Safeguarding

1

CRB Disclosures

Safer Recruitment

CR

B D

isc

los

ure

s

Sa

fer

Rec

ruit

me

nt

‘Regulated Activity’

1

ISA & Referrals 2

Independent Safeguarding Authority

13

A non-departmental public body, established in Jan 2008Responsibilities:• 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

14

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

Strengthening Safeguarding

1

CRB Disclosures

Safer Recruitment

CR

B D

isc

los

ure

s

Sa

fer

Rec

ruit

me

nt

‘Regulated Activity’

1

ISA & Referrals 2

Barring

3

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

1

CRB Disclosures

Safer Recruitment

CR

B D

isc

los

ure

s

Sa

fer

Rec

ruit

me

nt

‘Regulated Activity’

1

ISA & Referrals 2

Barring

3

Registration &

Online Checking

4

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

23

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

24

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.

25

Online Checking Service

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

Online status checking

ISA- registered

Not ISA- registered

Not barred

Not applied

BARRED

Voluntarily withdrawn

26

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

For further information visit : www.isa-gov.orgor call : 0300 123 1111

Your Questions ?

27