The Vetting & Barring Scheme

1. The Vetting & Barring Scheme Home Office & Dept of Health December 2009

2. Format of presentation Background to the Scheme DVD What’s New 4 aspects of the scheme Operational Responsibilities Phasing and Costs Any Questions… 2

3. 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. 3

4. Fundamental Reform The Scheme willfundamentally reform current practices…. • Enables barred people to be removed from all activity with vulnerable groups • Continuous monitoring of registration status • Open and transparent process Employers & voluntary groups retain their responsibility for ensuring safe recruitment and employment practices. 4

5. Preparation for the Scheme Police Umbrella Bodies Regulators Other Government Departments Stakeholders in Education, Faith, Health / Social Care, Sport, Local Authorities Employers , Recruitment Agencies, Unions, Charities

6. Sir Roger Singleton’s Check • Objective : To ensure the Scheme provides appropriate protection without imposing a disproportionate burden on those who do not have regular contact with vulnerable groups. • Ed Balls, the Secretary of State DCSF, asked Sir Roger Singleton - the Government’s Chief Adviser on the Safety of Children - to check that the “frequent”and“intensive” principles are appropriate for real life situations. • The process does not impact the timetable for introducing the new Scheme.

7. All recommendations accepted • Scheme Registration still does not apply to private arrangements • Adjustment to Frequent and Intensively definitions and situations where individuals are with different groups. • Clarification that young people in education will not be required to register. • Extended exclusions around foreign exchanges & international visits such as scout jamborees & sport • Two million fewer adults will be required to register • Review of the law and advice on requirements for CRB checks for workers with ISA registration. • Review of ‘Controlled’ Activity

8. Imagine...... 8

9. 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 9

10. Strengthening Safeguarding CRB Disclosures 2 3 ISA: Referrals & connection with Regulators ISA : DMP & 2 Barred lists 1 CRB Disclosures 1 4 ‘Regulated Activity’ & related offences ISA Scheme Registration & Online Checking Safer Recruitment Safer Recruitment

11. Strengthening Safeguarding CRB Disclosures 1 CRB Disclosures 1 ‘Regulated Activity’ & related offences Safer Recruitment Safer Recruitment

12. 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 • Bothfostering and childcare • Certain defined “office holders” (e.g. LA Director of Children’s Services, trustees of children’s charities, school governor) 12

13. 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). • Individuals who go into different settings to work with different groups are not required to register • Exemptions for overseas visitors escorting children and exchange visits lasting less than 28 days

14. Definition of ‘Vulnerable Adult’ Health • 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 Social Care Sport, Faith etc Justice

15. 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 Taxi drivers Volunteers in the sector Some Charity Trustees Child Chatroom Moderators 15

16. Strengthening Safeguarding CRB Disclosures 2 ISA: Referrals & connection with Regulators 1 CRB Disclosures 1 ‘Regulated Activity’ & related offences Safer Recruitment Safer Recruitment

17. 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) 17

18. 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 18

19. Strengthening Safeguarding CRB Disclosures 2 3 ISA: Referrals & connection with Regulators ISA : DMP & 2 Barred lists 1 CRB Disclosures 1 ‘Regulated Activity’ & related offences Safer Recruitment Safer Recruitment

20. 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. 21

21. ISA Decision Making Process • The ISA considers cumulative behaviour and risk of harm based on : • Finding of a competent body • Gathered information – inc cautions, convictions • Referral information • Gathered information is assessed using structured the ISA Decision Making Process (DMP) • ‘Minded to Bar’ stage includes representation unless it is an Auto-Bar offence • The ISA will inform professional/regulatory bodies when it bars someone, so that their professional registration can also be reviewed

22. Staffing impacts • Staff cannot refuseto 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 allegationswon’t be enough to get a member of staff barred • Individuals may make representations against being barred in most circumstances 23

23. Strengthening Safeguarding CRB Disclosures 2 3 ISA: Referrals & connection with Regulators ISA : DMP & 2 Barred lists 1 CRB Disclosures 1 4 ‘Regulated Activity’ & related offences ISA Scheme Registration & Online Checking Safer Recruitment July 2010 Safer Recruitment

24. Introducing : ISA Registration • A positive register with continuous monitoring of status 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.” 25

25. Effect of Scheme Registration Duties and responsibilities under the Act, where an organisation is providing regulated activity: A barred individual must notundertake regulated activity To undertake regulated activity an individual must beISA-registered An employer mustcheckthat a prospective employee who is in regulated activity is ISA-registered An employer must notengage in regulated activity a barred person or a person who is not ISA-registered Personal and family relationships are not covered 26

26. Key points for domestic arrangements The Scheme includes • those employed in domestic situations e.g. home tutors, childminders, personal care assistants, alternative health practitioners • self-employed people working in regulated activity e.g. sports coaching, therapeutic massage Although it will not be mandatory for ‘domestic’ employers to check people they engage, they can. A barred person must not engage in any regulated activity 27

27. Quick Test 1 An arts and drama teacher in a secondary school wants to take a youth group out to a music concert one evening… Does s/he need to be registered ? 28

28. Quick Test 2 The volunteer organiser of local Stroke Association provides advice on benefits, grants for home adaptations, and organises weekly social evening for members and their relatives Does s/he need to be registered ? 29

29. Quick Test 3 The organiser of a church lunch club for the retired which meets weekly… Does s/he need to be registered ? 30

30. 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 31

31. Overview of Scheme Process Individual Applicants / Employers Referrals & Regulators Updates Registered Bodies CRB Continuous Monitoring Access NI Applications Police PND & LPF ISA Case Management System CRB Disclosure Process DMP 2 Barred Lists On-Line Status Check 32

32. Criminal Records Bureau - Role The CRB will: • Receive applications for scheme registration • Process CRB Checks • Gather informationfor the ISA from Police Computer • Administer the continuous updating of records • Provide the facility foronline checks 33

33. What will Scheme Registration cost? ISA Registration is being phased in, in line with CRB renewals according to the organisation’s current policy. Individuals in paid employment will pay a once 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 the application fee. Students undertaking vocational courses (medicine, nursing, teaching, etc) have to pay the application fee. It is transferable, once registered, additional CRB checks can be obtained if necessary

34. Online Checking Service Online Checking is free, available 24/7 In line with the Phasing Strategy, as the Vetting & Barring Scheme is rolled out, it 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. Regulatory bodies will also be notified, so that professional registration status can also be reviewed

35. Introducing Online Checking The status of individuals will be continuously updated on receipt of new information, such as convictions or referrals from employers. Not barred ISA- registered Online status checking Not applied Voluntarily withdrawn Not ISA- registered BARRED

36. 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. 37

37. How you can prepare Stay Engaged • Liaise with relevant Registered Bodies and Regulators • Keep up to date with Scheme developments • Use briefing tools to spread the word Ensure Internal Communication • Inform colleagues especially HR, disclosure staff • Consider which roles are defined as regulated activity • Start outline planning – numbers / budgets For July 2010 • Look at all contracts, terms and conditions • Prepare adverts for roles as ‘subject to ISA registration’ • Continue safe recruitment practices 38

38. For further information visit : www.isa-gov.orgor call : 0300 123 1111 Your Questions ? 39