Fiona Phur Voluntary Youth Sector Development Worker

1. Fiona PhurVoluntary Youth Sector Development Worker Safeguarding Vulnerable Groups Act 2006 What does it mean for the Voluntary Youth Sector in the South West? UpdatedDecember 2009

2. The Birchard 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 clients’. UpdatedDecember 2009

3. Independent Safeguarding Authority • Single vetting agency –all paid and unpaid workers with vulnerable people • England, Wales & N Ireland • Independent, board of public appointees It’s objectives – • To make sure that barring decisions are taken by people who have the relevant experience and expertise;and • To promote confidence that decisions on barring are taken fairly, without bias and independently from government or any other interested party UpdatedDecember 2009

4. The Independent Safeguarding Authority (ISA) • Registers individuals who work with vulnerable people • Looks at the work activities – regulated or controlled • Administered by the Criminal Records Bureau • Initial use of historical data – i.e. PoCA list • Individuals who apply are registered or barred • Fresh information is gathered and monitored and updated UpdatedDecember 2009

5. The Independent Safeguarding Authority (ISA) • Employers can check the ISA register for individual’s status • Only applicants who are judged not to pose a risk to vulnerable people can be ISA-registered. • Once the scheme has been fully rolled out, employers who work with vulnerable people will only be allowed to recruit people who are ISA-registered. UpdatedDecember 2009

6. Regulated and Controlled Activities • The Safeguarding Vulnerable Groups Act 2006 contains legislation to create the new ISA • The ISA will make decisions around the suitability for employees to be involved in 2 types of activities with children and vulnerable adults • Regulated activities are those involving frequent contact • Controlled activities are those involving support to an activity UpdatedDecember 2009

7. Regulated Activities • Regulated activity is any activity which involves contact with children or vulnerable adults. This could be paid or voluntary work. • Specified activity that involves frequent, intensive and/or overnight contact • Frequent or intensive activity in a specified place • Fostering and childcare UpdatedDecember 2009

8. Regulated Activities • People involved in defined positions of responsibility • Must have ISA registration • A criminal offence for barred people to undertake any regulated activity • A criminal offence for employers to employ barred people • Including domestic employment UpdatedDecember 2009

9. Controlled Activities • Frequent or intensive support work in general health settings, the NHS and further education • Individuals working for specified organisations with access to sensitive records • Support work in adult social care settings • Duty on employer to check status • Employer can permit work with sufficient safeguards UpdatedDecember 2009

10. Employers’ duties and responsibilities • It will be a criminal offence for an employer to allow a barred person, or a person who is not yet registered with the ISA, to work for any length of time in any regulated activity. • It will be a criminal offence for an employer to take on a person in a regulated activity if they fail to check that person’s status. UpdatedDecember 2009

11. Employees’ duties and responsibilities • A barred individual must not take part in any regulated activity. • An individual taking part in a regulated activity must be registered with the ISA. • It will be a criminal offence for a barred person to take part in a regulated activity for any length of time. UpdatedDecember 2009

12. The ISA’s Barred Lists • 2 new Barred Lists • A list of people barred from working with children • A list of people barred from working with vulnerable adults • Certain extremely serious offences result in automatic barring – with or without right to make representation • Right of appeal • Automatic barring for registered Sex Offenders UpdatedDecember 2009

13. An Employer’s Duty to Refer Information • Refer concerns to ISA from January 2009 • To ensure that information about a person held by a number of agencies is shared • Certain organisations have a legal duty to share information • Concern relating to harm or risk of harm • Concern about an individual’s conduct or behaviour • Comprehensive information will lead to an ISA decision UpdatedDecember 2009

14. The process • Register on line via ISA website – TBC • 9 out of 10 applications (where no information held) will be cleared by CRB within 7 working days • One registration lasts for individuals whole career • One-off £64.00 registration cost to paid workers only (£28 ISA, £36 CRB) • Subsequent employers check ISA status on-line free of charge UpdatedDecember 2009

15. What does this mean to VYOs in SW? • Advise all your current workforce (paid/unpaid) that these measures will come in place 12 October 2009 –use this and the notes as a training aid • Advise any new recruits that these measures are coming into place • Determine how many of your staff already have CRB checks UpdatedDecember 2009

16. What does this mean to VYOs in SW? • Determine who is involved in regulated or controlled activity • If CRB checks are paid by your local authority, contact them NOW with your information and ask if they will be funding ISA registration • Look out for dates of regional road shows involving the Criminal Records Bureau and ISA to explain the ISA role and processes. UpdatedDecember 2009

17. What happens next? Make sure you know what you are expected to do as the ISA vetting service is introduced in managed phases. UpdatedDecember 2009

18. What happens next? • From 12th October 2009 • 2 barring lists in place; administered by ISA. • Introduction of ‘regulated activities’ those on the barred list will be barred from a much wider range of jobs than has previously been the case • New duty to share information commences – a duty on employers, social services and professional regulators to notify ISA of individuals who pose a threat • New criminal offences – it will be a crime for a barred person to seek work with vulnerable groups; and for employers who knowingly employ them UpdatedDecember 2009

19. What happens next? • From 26th July 2010 • All new job holders and those switching jobs to a new provider will be able to register. • Employers will be able to check status on line and receive change notifications from VBS (Vetting & Barring Scheme). • From November 2010 • Legal requirement for employees to register with VBS comes into force • Legal requirement for employers to check new employees status comes into force. UpdatedDecember 2009

20. Useful Contacts • ISA Website: http://www.isa-gov.org.uk • Referral address:  Independent Safeguarding Authority, PO Box 181 DARLINGTON DL1 9FA • Every Child matters website: http://www.everychildmatters.gov.uk/socialcare/s afeguarding/independentsafeguardingauthority/ UpdatedDecember 2009

21. Visit our web-site at www.learning-southwest.org.uk UpdatedDecember 2009