SAFEGUARDING VULNERABLE GROUPS

Independent Safeguarding Authority

Vetting Barring Scheme

WCVA CRIMINAL RECORDS UNIT

Updated April 09

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Drivers for change - CRB Checks

Inconsistent decisions made by inexperienced local employers

Not all staff eligible for Enhanced Disclosure

Disclosure is a ‘snapshot’

POCA, POVA, List 99 inconsistencies

Cost and delay of repeat checks

Quality of soft information

The Vetting & Barring Scheme

DESIGN & SCOPE

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Introduction of a new Vetting service

New arrangements should be introduced requiring those who work with children, or vulnerable adults, to be registered.

Bichard R19)

The Safeguarding Vulnerable Groups Act provides the legal framework for a single agency to vet those working with vulnerable groups

The new scheme will replace existing List 99, PoCA and PoVA through a single approach to barring individuals.

www.opsi.gov.uk

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Independent Safeguarding Authority

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

The ISA will play a major part in reforming current vetting and barring practices by barring individuals who pose a risk to vulnerable groups….

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

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ISA Vetting Barring Scheme

VBS Register of people

No known reason they should not work with children or vulnerable adults

VBS barring lists

Where there are reasons they should not work with children and/or vulnerable adults – 2 lists

Independent decision making

ISA

Continuous updating of barred status

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ISA VBS & CRB Disclosure

ISA Vetting Barring 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 ISA, which does not consider that any such record should mean the individual should be barred.

ISA DOES NOT REPLACE CRB

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Summary: Scope of the VBS

Allows for a register to be kept of those who are not thought to be unsuitable to work with vulnerable groups

Allows for lists to be kept of those who are barred from working with vulnerable groups

Considers those in certain work activities in relation to vulnerable groups

REGULATED ACTIVTY

or

CONTROLLED ACTIVITY

It doesn’t matter

• in which sector the activity

takes place

Or

• whether an individual is paid

staff or a volunteer

Employer = manager of volunteer

Employee = volunteer

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What is regulated activity………?

Involves contact with children or vulnerable adults and/or is:

of a specified nature (e.g. teaching, training, care, supervision, advice, treatment or transport) on a frequent*, intensive* and/or overnight basis

in a specified place (e.g. schools, care homes, nurseries, Young Offenders’ Institutions, ICC etc), frequently* or intensively*

fostering and childminding

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

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Activities CoveredDoctors, dentists, nurses,

therapists, etc.

Teachers, coaches, etc.

School/Care Home bus drivers

Childminders, Day Care Workers, Nursery Workers, etc.

Arranging Private Foster Care

Chatroom moderators

Advisors, counsellors, etc

Trustees of Charities

Members of LSCBs

Functions

Members of Local Government Bodies

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EstablishmentsEstablishmentsSchools, Sixth Form Colleges, etc

Nursery education

Children’s Hospitals

Secure accommodation for children

Children’s homes

Childcare premises

Adult Care Homes

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….And what is Controlled Activity?

Ancillary support workers in NHS and FE settings with frequent or intensive contact with children and/or vulnerable adults or access to sensitive records

Those working for specified organisations (e.g. a Local Authority) with frequent access to sensitive records about children and vulnerable adults.

Subject to WAG secondary legislation but will be mandatory to check the ISA registration status of individuals in controlled activity. Tightly defined

Schools Schools regulatedregulated

Admin StaffCatering Staff

Cleaning Ground Staff Staff

Volunteers Contractors

Head Teacher

Teaching Staff

Trolley Service(e.g. ward library service)

Flower Dining care Companionon wards

Administration helper/medical records

assistant

Chaplaincy (lay preacher)

Clinic assistant (baby/well-being etc)

Walking companions

Wheelchair pushers

Feeders (for patients)

Hospitals Hospitals regulated & controlledregulated & controlled

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Who needs to be ISA registered?Anyone – volunteer or paid staff – who works in regulated activity

Anyone – volunteer or paid staff – who works in controlled activity

Apply BEFORE start employment/volunteering role

Once only application for ISA registration

Once on ISA register – ‘subject to monitoring’

Can become barred subsequently in light of new information referred to ISA

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What regulated activity means….

To undertake regulated activity an individual must be ISA-registered

A barred individual must not undertake regulated activity.

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.

Duties and responsibilities under regulated activity

where an organisation is providing the activity

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….. and impacts on staffing

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.

If an employee is dismissed or moved from regulated activity because of inappropriate behaviour towards a child or vulnerable adult this MUST be reported to the ISA.

If an employee under investigation for inappropriate behaviour resigns before a disciplinary investigation is complete this MUST be reported to the ISA.

Duties and responsibilities under regulated activity

includes paid staff AND volunteers.

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SummaryBarring decisions will be taken by independent experts

Once fully implemented, anyone working or volunteering with children or vulnerable adults in regulated activity must register with the Scheme

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 if an employee becomes de-registered from the Scheme

Parents/individuals will be able to check that the workers they employ in a private capacity in regulated activity are registered with the ISA

The Vetting & Barring Scheme

IMPLEMENTATION OF THE SCHEME

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ISA Transitional stagesISA established January 2008. Currently barred individuals: ISA is including them, or considering to include them, on the new ISA barred lists

From 31 March 2008: ISA was advising the Secretaries of State (SoS) on referrals to the current barring schemes (POCA, POVA etc.)

From 20 January 2009, ISA took over responsibility from the SoS for the making of barring decisions on new referrals under the POCA, POVA and List 99 schemes. Business as usual for those with a duty to refer except referrals go to ISA not DCSF & DH

•  From an employer's perspective    - New referrals will no longer be considered for provisional listing on POCA or POVA

   - New referrals must be made to the ISA at a new address

   - CRB certificate wording has changed slightly to reflect the fact that the decision to is now taken by ISA.

- POVAFirst service still in operation.

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What will change on 12 October 2009?

POCA, POVA and List 99 replaced by ISA barred lists

Eligibility criteria for Enhanced CRB checks will be extended to include anyone working in a regulated activity

Standard checks no longer available for work with vulnerable groups

Checks of new ISA lists can be made as part of an Enhanced CRB check.

Criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them on.

Employers, social services and professional regulators have a duty to refer to the ISA any information about individuals who may pose a risk

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Employers must refer relevant information, where there is a duty to check. Harm test.

Parents/private employers should go to a statutory agency who can investigate and refer if appropriate (e.g. social services or the police).

Professional and regulatory bodies and Local Authorities will be under a duty to refer relevant information in specified circumstances.

All other employers of those working with children and/or vulnerable adults may refer.

ISA will inform professional and regulatory bodies when it bars someone, so that their professional registration can also be reviewed.

ISA Referrals after go-live

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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’ on disclosure

An appeal process via the Care Standards Tribunal if a barring decision needs subsequent challenge

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What will change in July 2010?

Individuals will be able to apply for ISA-registration

New application form to allow applications for ISA-registration and CRB checks to be made on the same form.

Employers will be able to express an interest in a person’s ISA-registration and be informed of any changes to that person’s ISA-registration status.

Employers can carry out free, online checks of a person’s ISA-registration status

There will be a 5 year phased roll out for ISA registration of those individuals who currently work with children and/or vulnerable adults.

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What will change in November 2010?

It will be a legal requirement for individuals to register with the ISA

………if they intend to work

or

………currently work with children and/or vulnerable adults in England, Wales and Northern Ireland.

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Existing EmployeesCRB Checks > 3yrs

Existing EmployeesNot CRB Checked

NewEmployees

Year 1

RegisterImmediately

Registersubject to

Regulations

Registersubject to

Regulations5 year phasing

To be approved

Year 2

Year 3

Year 4

Existing EmployeesMore recent checks

Year 5

Remainder and Controlled activities

Registersubject to

Regulations

WAG devolved powers

The Vetting & Barring Scheme

APPLICATION TO THE SCHEME

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How do I apply……..

Applicant position offer and prior to start

WCVA CRU

Confirm need for ISA registration

Request ISA registration or CRB check or BOTH

Confirm ID verification

Countersign and submit application to CRB

Is the applicant already ISA registered?

Do you also want/need the applicant to have a CRB check?

Are you a registered CRU service user?

Voluntary organisation position in regulated/controlled activity

WCVA CRU

ISA/DAF

joint application form request

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….and what for?

Independent Safeguarding

Authority

Case consideration

Barring decision

CRB Disclosure

issued to individual and employer

•full criminal record

•ISA Barring decision

Online status check

confirms if applicant is ISA Registered

CRU

ISA/DAF joint application form

CRBApplication handlingPNC checkApply ISA rules - Auto bars’Case preparationfor policeBundling data and information for ISA use Process of ISA registration application equivalent to enhanced check

Applicant start

ISA Registration

CRU

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ISA registration - Online checking

FREE online checking for employers

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

Scheme membership is fully ‘portable’ across regulated activity

Online status checking

Scheme member

Not a member

Not barred

Cannot engage

Not applied to scheme

Wrong data entered

Barred

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And what does it cost…?VOLUNTEERS

CRB checks are FREE

ISA registration is FREE

PAID STAFF

• Stand alone CRB enhanced £36

• Stand alone CRB standard £31

• ISA registration £64£28 ISA element + £36 CRB administration as equivalent to an enhanced check whether or not CRB check is requested by an employer as part of ISA registration

CRU service is FREE for voluntary sector in WalesCRU passes on charge of CRB check and/or ISA

registration where appropriate

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What can I do next?Inform colleagues – volunteer managers, HR, staff involved with CRBs, practitioner networks/partnerships etc

Start outline planning – staff numbers/budgets

Attend ISA road shows; encourage colleagues to as well

Use ISA briefing tools when available to spread the word

Keep up to date with ISA developments: www.isa-gov.org

Send questions to scheme.info@homeoffice.gsi.gov.uk

Keep up to date with CRB developments: www.crb.gov.uk

Keep in touch with us! WCVA CRU needs YOUR YOUR email

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NEED HELP? ……. from ISA

Full detailed guidance: generic & sector specific

Promotional guides, leaflets & information

Direct marketing & advertising campaigns

Training road shows

Free briefing toolkits

Staffed call centre: call 0300 123 1111

Improved website: www.isa-gov.org

….from CRB at www.crb.gov.uk

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NEED HELP?.....from CRU

0800 0 197 391

cru@wcva.org.uk

www.wcva-cru.org.uk

WCVA CRU Morfa Hall Bath Street RHYL LL18 3EB

SAFEGUARDING VULNERABLE GROUPS

Independent Safeguarding Authority

Vetting Barring Scheme

WCVA CRIMINAL RECORDS UNIT

Updated April 09

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Key Points for Personnel suppliers..

Personnel supplier must check the employee is ISA registered before supplying them to the placement

The receiving organisation is entitled to rely on written confirmation from the supplier that the check has been done

…employment businesses and educational institutions

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Key points for schools

All school workers, paid and unpaid, that come into contact with children - frequently or on an intensive basis - will be engaging in regulated activity.

The school must check that they are ISA-registered before they can start work

This is like the current List 99 check but the school is able to do it itself: quick, online, and free

Placing exchange students with host families is also regulated activity.

Being a school governor is regulated activity

CRB checks on initial entry to the school workforce

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Key Points for Sports Organisations

RAP as club

Governing body to receive notification changes to barred status

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Improvements already made to current systems

All schools must now obtain CRB checks on new people entering their workforce.

The Children Act 2004 further strengthened existing provisions by introducing Local Safeguarding Children Boards in every Local Authority area in April 2006.

Safeguarding Children and Safer Recruitment in Education guidance also came into force in January 2007.

List 99 regulations have been extended so that anyone convicted or cautioned for sex offences against children is automatically barred from working with children.

since Bichard Inquiry recommendations

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Some other key points

Controlled activity

It will be mandatory to check individuals in controlled activity

BUT Subject to WAG devolved powers

A barred person can be employed in controlled activity,

providing safeguards have been put in place

Other regulated activity

Those employed by domestic employers - e.g. nannies, direct payments are covered by ISA

It will not be mandatory for employers in domestic circumstances to check their employees, but they can check online, although not access disclosure.

ISA only registration for self-employed - e.g. music teachers

A barred person must not engage in this employment.