June 2006

1. Vetting and Barring SchemePolicy Briefing PackPrepared by Department for Education and Skills& Department of Health June 2006 Page 1

2. The Bichard Report • Published 22 June 2004 following investigation into failures around Soham case • 31 recommendations all accepted in principle by Government • Mostly concern record keeping, vetting and information handling • The DfES were assigned 8 recommendations: this update relates to recommendation 19

3. 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.”

4. The objective of the Vetting and Barring Scheme is to reduce the incidence of harm to children and vulnerable adults by helping to ensure that: Employers get better vetting service when recruiting people who come into contact with children and/or vulnerable adults through their work Where evidence reveals an individual presents a risk of harm, he/she is barred from working with children and/or vulnerable adults at the earliest opportunity Vetting and Barring Scheme (VBS) - Objective

5. Problems with current system Problems with the current system include: • Inconsistent decisions made by local employers • Not all staff eligible for Enhanced Disclosure • Disclosure is a ‘snapshot’ – only valid on day of issue • Current barring listinconsistencies - POCA, POVA, List 99 • Barring is reactive – ie after the event • Cost and delay of repeat checks • Inconsistenciesin police disclosure of information

6. Key features include: A Single listof people barred from working with children and a separate, butaligned, list of people barred from working with vulnerable adults (replacing List 99, POCA and POVA) Barring decisionson application to workwith children or vulnerable adults An expert Independent Barring Boardtotake alldiscretionary barring decisions Barring decisions will be updated where relevant new information becomes available Employers will be able to do a check of status in the scheme of those whose work involves contact with children/ vulnerable adults, via an online check, including for the first time: o     those employed in the context of private family arrangementssuch as nannies, music teachers, care workers o     those who have frequent access to education and health records about children or vulnerable adults All those employing individuals to work closely with children will be required to check status in the scheme except in the context of private family arrangements Information from a wide range of agencies will be assessed centrally by the new Independent Barring Board What are the key features of the VBS?

7. How it will work – application process Relevant info gathered from police forces Barring decisionmadeand passed to CRB taking account of any other relevant referral info Police Service Independent Barring Board CRB Barring decisionissued to individual (and employer) Application process includes verification of individual’s ID Individual

8. How it will work – Continuous updating Employer (regulatory body or LA) refers to barred list Relevant info gathered from police forces Employer Police Service Barring Decision madeand communicated to worker / employer Independent CRB Barring Board Barring Decision New employer can check status in scheme Employer Individual

9. Ministers will no longer have any role in making decisions on individual cases The Independent Barring Board will: be appointed by the Home Secretary, with an inter-ministerial board to advise him Maintain the barred lists and take all discretionary decisions to include individuals on the barred list and removing them Consider representations Comprise a balance of different expertise We haveconsulted with stakeholders on how this body should be set up: responses broadly supported our proposals The CRB will perform administrative functions including: Receivingapplicationsto the scheme Information gathering and monitoring, on behalf of the IBB Administering automatic inclusions on the list and cases where there is no info Providing the facility foronline checks Independent Barring Board

10. The following categories of people (paid and volunteers) will be able to apply for central monitoring and Enhanced Disclosures: Those who have frequentcontact with children and/or vulnerable adults by virtue of the service in which they work (for example schools; nurseries; children’s homes) Those who work with specified close contact with children and/or vulnerable adults in other settings Those in key positions of authority in relation to children and vulnerable adults Those who give guidance and advice to children and/or vulnerable adults over the telephone and internet and those with access to education and health records about children and vulnerable adults Applications for central vetting will also be possible for: Those employed by domestic employers such as nannies, care workers Self-employed such as music teachers Those considering working with children and/or vulnerable adults in the future Who will be covered by the VBS?

11. The bar will apply in relation to jobs that involve working closely with children and/or vulnerable adults, defined by type of contact; type of setting; or the status and authority conferred The bar will not cover administrative and support work in health, housing and other settings, and administrative jobs which give access to personal and sensitive information about children or vulnerable adults Where the bar does not apply, employers will have the discretion to employ individuals on the barred list with safeguards in place It may be possible for some barred people to be employed safely in these posts, as they do not involve close contact with children or vulnerable adults Vetting and barring information will allow employers to assess whether to employ the individual with appropriate safeguards in place Scope of the bar

12. ELIGIBLITY Coverage of the new Vetting and Barring Scheme BAR BAR Green Box Jobs (Eligible for Vetting and covered by the bar): People who work closely with children/vulnerable adults; those in key services for children/vulnerable adults; and those in positions of authority– e.g. teachers, school caretakers, social workers, sports instructors, home tutors, care workers, nurses, doctors, ISA database operators, Director of Children’s Services etc. Total numbers (children and vulnerable adults workforces): 7.5-8m. Yellow Box jobs: (Eligible for Vetting and not covered by the bar): Others who have contact– e.g. cleaners and catering staff in general hospitals, jobs giving access to education and health records about children and/or vulnerable adults (apart from ISA database operators). Total numbers (children and vulnerable adults workforces): 1-1.5m.

13. There will be a requirement to check for all employers of individuals: who work closely with children, regardless of the sector, except private family employers who work in the NHS, regulated social care, or removal centres The scheme will be voluntary for all other employers/employees working with children and/or vulnerable adults but we will encourage take up It will be an offenceto knowingly employ a barred individual (where the bar applies) It will be an offence for employers not to check, where they are required What are the duties on employers?

14. As with the current barring lists, when employers cease to use an individual or would have considered ceasing to use them because they endangered a child or vulnerable adult: Employers must refer, where there is a requirement to check, There will be an offence for employers who fail to All other employers of those working with children and/or vulnerable adults may refer Parents/private employers should go to a statutory agency who can investigate and refer info if appropriate(ie police, social services etc) Duties on employers - referrals

15. Professional and regulatory bodies will be under a duty to refer relevant information in specified circumstances Local Authorities will be under a duty to refer relevant information in specified circumstances The IBB will have the power to consider any other information available to it when making a barring decision – for example other referrals. The IBB will inform professional and regulatory bodies when it bars someone, so that their professional registration can also be reviewed Other referrals

16. Applicants and their employers will receive a superior product from the new scheme, including: pre-employment and continuously updated barring decisions; notification of a change in status in the scheme; and the ability to check status in the scheme online If it is decided to fund this product through charges on applicants, there will be an increased charge, although we envisage that online checks would be free and volunteers would not pay for disclosures However, work is ongoing to determine whether this is the most effective funding mechanism and the level of the fee increase Costs

17. The vast majority of the 310 respondents welcomed the proposals 89% (258 respondents) agreed that the model was appropriate 88% (247) agreed that it would improve safeguards for children and vulnerable adults Respondents did not generally believe that the new scheme would have a negative impact on the way that they recruited individuals to work with children or vulnerable adults, although there were concerns about potential for increased costs. More results from our consultation are available at: www.dfes.gov.uk/consultations Headline Consultation Results

18. Progress and next steps Progress to date and key next steps include: • Initial feasibility study confirmed model for vetting/ barring scheme is feasible at end February 05 • Sir Michael endorsed model 15 March 05 • Formal Public Consultation conducted 5th April – 5th July 05 • Safeguarding Children and Vulnerable Adults’ Bill was introduced on 28 February 2006 and is currently undergoing scrutiny in the Commons • Implementation of the systems to support the scheme intended to be phased in from 2008

19. Feedback… For further information please seewww.everychildmatters.gov.uk/vettingandbarring If you have any comments please contact us at:Team.BIP@dfes.gsi.gov.uk Thank you!