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The Vetting & Barring Scheme

The Vetting & Barring Scheme. Penny Constantinou Colwyn Griffiths Safe Staffing team June 2009. Highlights. Core purpose: to prevent unsuitable people from working with children and vulnerable adults

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The Vetting & Barring Scheme

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  1. The Vetting & Barring Scheme Penny Constantinou Colwyn Griffiths Safe Staffing team June 2009

  2. Highlights • Core purpose: to prevent unsuitable people from working with children and vulnerable adults • Independent Safeguarding Authority (ISA) will play a major part in reforming current vetting and barring practices by barring individuals who pose a risk to vulnerable groups • Employers by registering an interest will be updated

  3. Key VBS Features • Register of people • No known reason they should not work with children or vulnerable adults (still may have criminal conviction) • Continuous updating of barred status (ISA not CRB) remember offenders commit often many times before they are arrested. • Two lists-children and vulnerable adults • Independent decision making

  4. Timescales Now until October 2009 • From 31 March 2008, ISA was advising the Secretaries of State on referrals to the current barring schemes • From 20 January 2009 (following secondary legislation), ISA now takes the decisions on new referrals to the current barring schemes – business as usual, except referrals go to ISA, not DCSF & DH(teacher misconduct to GTC)

  5. Implications for schools • Provisional listings cease (extra care in recruiting) • The "duty to provide information on request“ is activated-if you use HR advice the HR manager will do this for you

  6. From Oct 09 • Full "duty to refer" under the SVG Act will be implemented, and the List 99, POCA and POVA legislation will be repealed • 2 new barred lists • Replacement for List 99 until Nov 2010 • No more standard checks • More ‘regulated’ positions e.g. Contactors/volunteers/host families • New Criminal offences-for barred individuals to seek or undertake work and for employers to engage barred individuals

  7. From July 2010 • Registration commences • 5 year roll out • Applications processed by Safe Staffing team • New entrants to workforce and those changing jobs in ‘regulated’ activity • Controlled activity at the end of the scheme

  8. How the application process will work

  9. What is regulated activity? Involves contact with children or vulnerable adults and is: • of a specifiednature (e.g.. teaching, training, care, supervision, advice, treatment or transport) on a frequent*, intensive* and/or overnight basis.or • in a specified place (e.g.. schools, care homes, Young Offenders’ Institutions, etc), frequently* or intensively*. • fostering and childcareor • a defined position of responsibility (e.g.. school governor, director of social services, trustees of certain charities). *Frequent – 1 occasion a month or more. Intensive – 3 or more occasions in any 30 day period or overnight

  10. What regulated activity means Duties and responsibilities under regulated activity, where an organisation is providing the activity: • A barred individual must not undertake regulated activity. • To undertake regulated activity an individual must be ISA-registered. • An employer must not engage in regulated activity a barred person or a person who is not ISA-registered. • An employer must check that a prospective employee who is in regulated activity is ISA-registered.

  11. Controlled activity • Ancillary support workers in NHS and FE settings (e.g.. cleaner, caretaker, catering staff, receptionist) with frequent or intensive contact with children or vulnerable adults. • Those working for specified organisations (e.g. a Local Authority) with frequent access to sensitive records about children. It will be mandatory to checkthe ISA registration status of individuals in controlled activity. A barred person can be employed in controlled activity, providing safeguards have been put in place.

  12. Will this replace the CRB? • No – the ISA Scheme is a mandatory addition to current safeguarding systems, not a replacement. • Statutory requirements for CRB checks in certain sectors will remain. • The ISA will filter out those who pose an obvious risk. • ISA registration does not guarantee that an individual has a clean criminal record – but that it has been checked by the ISA, which does not consider it to mean the individual should be barred.

  13. What is HCC doing? • Proactive member of LA national consultative CRB/ISA group/chair regional group • Project group set up • VBS safe staffing board-Chief Exec chairs • VBS steering group-AD’s • Project groups e.g. policies/contractors • Communication strategy including FAQ’s Grid/Herts Direct/Connect/bulletin items, events

  14. Where can people get information? • VBS project team (within Safe Staffing) VBS.team@hertscc.gov.uk 01992 556598 • Keep up to date with Scheme developments via www.isa-gov.org • Send any questions to info@vbs-info.org.uk0300 123 1111. • Generic and sector specific guidance to come

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