Vetting Barring in sport

4. Key elements of safe recruitment process Clear job description and person specification (paid and volunteer posts) Assess for V&B and CRB checking requirements Application form Check qualifications Take up references: professional (incl. past employer) & personal Consider all available information in assessing suitability

5. Background to the VBS Soham and other cases Bichard Inquiry Report: Recommendation 19 ‘New arrangements should be introduced requiring those who 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 groups.’

6. ISA High level, provable risk to any child/young person in any context

7. VBS - Highlights Core purpose: to prevent unsuitable people from working with children and vulnerable adults The scheme will bar individuals who pose a risk to vulnerable groups…. …but… employers retain their responsibilities for ensuring safe recruitment and employment practices.

8. ‘The possible downside to the introduction of the VBS is that it may result in false comfort. It will make a contribution to safeguarding children and vulnerable adults, but will not by one jot diminish the responsibilities of employers to continue to implement safe recruitment practices, training for staff, and good practice guidance.’ Sir Roger Singleton, Chair, Independent Safeguarding Authority November 2009

9. Legal and Policy Framework The Safeguarding Vulnerable Groups Act 2006 sets out the scope of the scheme It defines regulated activity for which there are requirements on employers and individuals: Defined types of activity (most relevant to sport) Defined types of settings No distinction made between paid and voluntary work Decisions made by independent experts

10. Definition of ‘Regulated Activity’ie contact with children that is:

11. VBS For most sports organisations regulated activity will relate to the nature of the activity an individual will be engaged in with children or vulnerable adults There is no distinction between paid and voluntary work Scheme introduces new legal requirements on individuals and organisations

12. What it will mean:duties and responsibilities A barred person must not undertake regulated activity To undertake regulated activity an individual must be ISA-registered An employer (RAP) must not engage an individual who is not ISA-registered in regulated activity An employer must check that a prospective employee in regulated activity is ISA-registered Employers have responsibilities to refer information to ISA

13. What ISA registration (being a member of the VBS scheme) means: The individual is not barred His/her criminal/other records will be continuously monitored Any relevant or new information that comes to light will be sent to the ISA for consideration for barring Employers can express an interest in the individual…. …. and then will be notified in the individual’s registration status changes

14. What not being ISA registered means The individual has not applied for registration with the scheme or… has applied for registration and been barred from regulated activity but… the employer will not know, or need to know the reason because… it will be unlawful to employ a non-registered individual in regulated activity

15. Scheme operation – Barring and online status 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. Continous updating: All applicants, except those who are barred, will become a “member of the Scheme”. This means that the IBB found that there is no known reason why the applicant should not work with children and/or vulnerable adults, and that the IBB would review its barring decision if relevant new police or referral information, became available. Under the new Vetting and Barring Scheme, employers and providers would be notified – where they have registered an interest - if the individual’s barring status changed. Online checking: Any subsequent employers or providers will be able to do an online check on an individual’s status, including parents and carers. In most cases, employers/providers will also be entitled to seek an Enhanced Disclosure from the CRB, which will contain criminal records information (although parents, individuals, or their carers do not have this option). And some employers will continue to be required to obtain Enhanced Disclosures. The online facility will only report the status of the individual in the Scheme, i.e. whether the person is a member, or not. The online facility will NEVER detail whether a person is barred. The barred list and the online facility are separate functions and WILL NOT be linked. Continous updating: All applicants, except those who are barred, will become a “member of the Scheme”. This means that the IBB found that there is no known reason why the applicant should not work with children and/or vulnerable adults, and that the IBB would review its barring decision if relevant new police or referral information, became available. Under the new Vetting and Barring Scheme, employers and providers would be notified – where they have registered an interest - if the individual’s barring status changed. Online checking: Any subsequent employers or providers will be able to do an online check on an individual’s status, including parents and carers. In most cases, employers/providers will also be entitled to seek an Enhanced Disclosure from the CRB, which will contain criminal records information (although parents, individuals, or their carers do not have this option). And some employers will continue to be required to obtain Enhanced Disclosures. The online facility will only report the status of the individual in the Scheme, i.e. whether the person is a member, or not. The online facility will NEVER detail whether a person is barred. The barred list and the online facility are separate functions and WILL NOT be linked.

16. Costs: Volunteers – no charge by CRB Paid positions – one-off £64 fee includes Enhanced CRB check, ISA registration and continuous monitoring Registered/Umbrella Bodies may charge administrative fees

17. Portability of ISA Registration Employers ‘express an interest in’ potential employees/volunteers and check registration status online They will automatically be notified of any subsequent change to an individual’s ISA status, and will be required to immediately remove individual from regulated activity Employers will not be provided with any other additional information about the individual (eg a new conviction which does not result in a change to ISA status) – this will only come from updating CRB checks

18. From 12th October 2009… ISA already making barring decisions Criminal offence for barred individual to seek work with children/vulnerable adults, or for employer to knowingly employ barred individual Three barring lists (POCA, POVA & List 99) replaced by two ISA lists – checks against these only through enhanced level CRB check

19. From 12th October 2009…(Cont’d) Wider scope for roles covered eg moderators of internet chat rooms Employers have duty to refer to ISA information about individuals who may pose a risk to children/vulnerable adults Standard CRB checks no longer available for posts with children/vulnerable adults CRB check eligibility widened to include anyone in Regulated Activity

20. Timetable January 2009: ISA make barring decisions October 2009: new criminal offences, referral duties and initial guidance March 2010: generic scheme guidance to be published July 2010: Applications for ISA registration begin for new entrants or those moving roles November 2010: Mandatory registration requirement for new entrants and those moving roles January/April 2011: Start of phased coverage for existing workforce July 2015: Existing workforce phased in (9.5 million individuals)

21. Guidance and advice Generic interim outline ISA scheme guidance available to employers, UBs and RBs (via ISA website) October 2009 Referral guidance (and referral form) available to employers Review of scope/definition of ‘Frequently’ and ‘Intensively’ announced December 09 Full generic scheme guidance published March 2010 CRB has developed online tool to clarify whether particular positions or roles constitute regulated activity Sports sector guidance developed by DCMS, CPSU and Sport England – due May 2010 following election CPSU continue to post sports related updates on website & e-newsletters ISA helpline and online support available

22. Key issues for sport: Identification of Regulated Activity Provider (RAP) with responsibility for undertaking VBS checks Communication and understanding of the scheme and it’s implications/requirements Incorporation of VBS into existing organisational policies and procedures Clarification of ‘in-house’ process for VBS registration and checking Identification of individuals for whom VBS checking is/will be necessary Operating the scheme with support from NGB

23. Key messages: ISA checks will benefit children, vulnerable people and organisations only when added to existing safeguarding good practice in recruitment and selection. Simply replacing existing recruitment processes and checks (CRB, references etc) with VBS checks will effectively reduce the protection afforded to the most vulnerable groups.

24. CPSU contacts: Website: www.thecpsu.org.uk Email: cpsu@nspcc.org.uk Telephone: 0116 2347278 ISA contacts: www.isa-gov.org.uk ISA call centre : 0300 123 1111 www.crb.homeoffice.gov.uk/eguide