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The Vetting & Barring Scheme. What is the Vetting & Barring Scheme?. New, improved checking and monitoring scheme aiming to prevent unsuitable people from working or volunteering with children and/or vulnerable adults.

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what is the vetting barring scheme
What is the Vetting & Barring Scheme?

New, improved checking and monitoring scheme aiming to prevent unsuitable people from working or volunteering with children and/or vulnerable adults.

The ISA is a new Non Departmental Public Body (NDPB) which will decide who is ‘barred’ from working with these groups, after considering CRB referrals.

Sponsored by the Home Office and supported by DCSF and DH.

the bichard report recommendation 19
The Bichard 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.”

highlights
Highlights
  • 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 an obvious risk to vulnerable groups….
  • …but employers retain their responsibilities for ensuring safe recruitment and employment practices.
words of warning
Words of Warning
  • The VBS will not absolve employers of their responsibility for safe recruitment
  • The VBS will provide an extra safeguard – not a complete solution
  • We all have a continuing responsibility to ensure that safeguarding works
scheme overview
Scheme overview

Once the Vetting & Barring Scheme (VBS) has been fully rolled out, it will be illegal for employing organisations to engage anyone in regulated activity without checking their registration status first.

Employers will be notified if an individual is de-registered from the scheme.

Information-sharing framework is enshrined in law and at the heart of the scheme.

key vbs features
Key VBS Features
  • Register of people
    • No known reason they should not work with children or vulnerable adults

Two lists

Where there are reasons they should not work with children or vulnerable adults

Independent decision making

Continuous updating of status

who does the scheme extend to
Who does the scheme extend to?

Paid workers

Volunteers

Current workforce

Including workers from overseas

what is regulated activity
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.
  • in a specified place (e.g. schools, care homes, etc), frequently* or intensively*.
  • fostering and childcare or
  • a defined “office holder” (includes: LA Director of Children’s Services; trustees of certain charities; school governors).

No distinction made between paid and voluntary work.

regulated activity
Regulated activity

Specified Activities

Teaching, training or instruction, care or supervision of children or vulnerable adults

Advice or guidance for children. Advice, guidance or assistance for vulnerable adults

Any form of treatment or therapy provided to a child or vulnerable adult

Driving a vehicle which is being used only for the purpose of conveying children or vulnerable adults (Will include ambulance services)

Activity which involves on a regular basis the day to day management or supervision of a person carrying out the activities above is also regulated activity

regulated activity1
Regulated activity

Specified places

childcare premises including nurseries

residential homes for children in care

children’s hospitals

children’s detention centres

adult care homes

In specified places even if you are not carrying out specified activity like treatment or care, you are engaged in regulated activity if you are carrying out work which gives you the opportunity of contact with vulnerable groups. This includes catering, cleaning, administrative and maintenance workers or contractors. Activity which involves on a regular basis the day to day management or supervision of a person carrying out the activities above is also covered

definition of child vulnerable adult
Definition of child, vulnerable adult

Child - a person under 18

Vulnerable adult - a person who has attained the age of 18, and

is receiving any form of health care

is receiving a service or participating in an activity which is specifically targeted at people with age-related needs, disabilities or prescribed physical or mental health conditions or expectant or nursing mothers living in residential care

age-related needs includes needs associated with frailty, illness, disability or mental capacity

More - see S59 of SVG Act

employer duties referrals
Employer duties - referrals

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.

TheIndependent Safeguarding Authority will inform professional/regulatory bodies if it bars someone, so that their professional registration can also be reviewed.

referral specifics
Referral specifics

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.

This includes volunteers as well as paid staff

referral specifics1
Referral specifics….

If employers have other concerns about an employee’s behaviour that don’t reach the mandatory benchmark they MAYbe reported to the ISA

If employers have serious concerns about other individuals who they are aware of but do not employ they MAY report these to the ISA

The ISA will consider all relevant information

when does it start
When does it start?
  • The ISA ‘goes live’ on 12 October 2009.
  • Onlynew entrants to the workforce & those moving jobs will be allowed to register with the scheme for the first six months.
  • Members of the existing workforce will be phased into the scheme over a five year period.
what will it cost
What will it cost?

Individuals in paid employment will pay £64 when applying for ISA registration.

There is no discount on this one-off application fee but in most cases a CRB Enhanced Disclosure will be included in the initial registration process.

Those involved only in unpaid voluntaryactivity will pay no application fee.

how it will work operations
How it will work – Operations

The Criminal Records Bureau will:

  • Receive applicationsto the scheme.
  • Gather and monitor informationfor the Independent Safeguarding Authority.
  • Administer automatic inclusions on the list and cases where there is no information.
  • Provide the facility foronline checksand continuous updates.
will this replace the crb
Will this replace the CRB?
  • No – the 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.
how it will work
How it will work?

Barring Routes:

  • Auto Bar –without representation
  • Auto Bar –with representation
  • Bar based on case assessment
isa decision making process
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’ before barring takes place

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

scheme operation barring and online status
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 transferable.

Not barred

ISA Registered

Online status checking

Not applied

Voluntarily withdrawn

Not ISA Registered

Left scheme

BARRED

Page 24

what can i expect to see next
What can I expect to see next?

Full detailed guidance – generic & sector specific

Staffed call centre

Promotional guides, leaflets & information

Direct marketing & advertising campaigns

Improved website

Training roadshows

Free briefing toolkits

what do i have to do next
What do I have to do next?
  • Inform colleagues – HR, disclosure staff
  • Start outline planning – staff numbers/budgets
  • Keep up to date with Scheme developments via www.isa-gov.org
  • Send any questions to scheme.info@homeoffice.gsi.gov.uk
  • Attend roadshows & encourage colleagues to as well
  • Use briefing tools when available to spread the word
  • Liaise & maintain dialogue with relevant registered bodies