1 Making the Vetting and Barring Scheme work Veronica Monks Department of Health National Care Association 11 November 2009

2 What we will cover New duties from 12 th October 2009 Look in detail at terms used by the Vetting and Barring Scheme and how it applies Look at the referral criteria and your duties to refer Look at how the Scheme links to safeguarding Aim:Delegates will have a clearer idea of new duties and which staff and volunteers need to be registered under the VBS scheme. NB. This scheme covers England Wales and NI. Scotland have a separate system

3 VBS Changes from 12 th October 2009 ‘ Regulated activity providers’ to make referrals to the ISA where an individual has harmed or risked harm to a child or vulnerable adult. Includes paid and unpaid employment Duty to refer extends to local authorities, regulatory bodies (GCC,GMC,NMC etc) and CQC Offence to knowingly employ a person barred by the ISA Offence to work in regulated activity if barred

4 More key dates 26 th July Registration with ISA begins for new starters and job changers in regulated activity -On line check begins -Registering an interest in an individual begins November Registration mandatory for new starters and job changers in regulated activity April Phased programme for existing workers in regulated activity begins 2014 Registration for those in controlled activity begins 2015 Everyone in regulated and controlled activity is registered with the ISA

5 The Cost £64 for ISA registration (this includes an enhanced CRB check) No charge for Volunteers One off payment for registration

6 ISA Adult First Is the replacement for POVA First Operates in the same way as POVA first Allows staff to start work before the CRB information arrives The law is clear on this point

7 What you need to do now Pre-employment checks as set out in existing regulations Including CRB at enhanced level For all staff who engage in regulated activity with vulnerable adults frequently, intensively or overnight Refer to the ISA when there has been harm or risk of harm

8 Do the new duties apply to me? Were you legally required to make POVA checks? Then Yes Otherwise if Providing service to a child or VA Service is regulated activity There is a regulated activity provider Service is frequent, intensive or overnight Then yes

9 Specified places Regulated activity takes place in: Children’s hospitals Adult care homes (registered with CQC) All activity in a care home is regulated activity where there is contact with a vulnerable adult

10 Specified positions directors of adult social services councillors who are responsible for social services functions

11 Vulnerable adult lives in residential accommodation lives in sheltered housing receives domiciliary care receives any form of health care is detained in lawful custody is on probation receives support, assistance or advice to help them live independently receives any service or participates in any activity provided specifically for because of age or disability, is an expectant/nursing mother in residential accommodation provided by the LA or NHS receives a direct payment requires assistance in the conduct of his own affairs.

12 Regulated activity Includes: any form of training, teaching or instruction provided to children or wholly or mainly for vulnerable adults any form of care for or supervision of children or vulnerable adults advice or guidance for children, and advice, guidance or assistance for vulnerable adults any form of treatment or therapy provided for a child or a vulnerable adult moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children or vulnerable adults; driving a vehicle which is being used for the purpose of conveying children or vulnerable adults

13 Frequently, intensively overnight Frequently – one day or more in each 30 day period Intensively – 3 or more days in a 30 day period Overnight – 2am - 6am Sir Roger Singleton is looking at ‘frequently and intensively’ and will report in December 09

14 Regulated activity provider (RAP) Usually the employer or voluntary organisation Defined as an organisation or individual responsible for the management or control of regulated activity, paid or unpaid and makes arrangements for people to work in that activity Self employed individuals not a RAP

15 Residential accommodation Includes: care homes registered under regulations made under the Care Standards Act (regulated and inspected by CQC) residential accommodation in connection with any care or nursing, or for a person who is or has been a pupil attending a residential special school.

16 Expectant mothers as Vulnerable adults expectant or nursing mothers provided with accommodation by the local authority Or by the NHS NB a pregnant child is still a child

17 Services or activities provided specifically because of age or disability Whether provided by health or social care services organisations and includes: any form of training, teaching or instruction provided wholly or mainly for vulnerable adults any form of care for or supervision of vulnerable adults any form of assistance, advice or guidance provided wholly or mainly for vulnerable adults any form of treatment or therapy provided for a vulnerable adult. What will this mean for voluntary organisations?

18 Requires assistance with conduct of their affairs Has a specific meaning in the SVG Act and includes: a lasting power of attorney is created under the Mental Capacity Act 2005 or an application is made an enduring power of attorney is registered or an application is made an order has been made by the Court of Protection in relation to making of decisions on the person’s behalf, or an order has been applied for an independent mental capacity advocate is or is to be appointed independent advocacy services are or are to be provided. (Does not apply to a family or significant friend)

19 Direct payment Includes: payment made to a person as part of an individual budget in lieu of social services payment made to a suitable person on behalf of an adult who lacks capacity

20 A word about managers Managers of those who engage in regulated or controlled activity need to register with the ISA That means those that are involved in the day to day management or supervision of a person carrying out regulated or controlled activity

21 Students on work placements New social work or health students starting a course after November 2010 will be required to register with the ISA. There are transitional arrangements for those on a course starting before November 2010 You have duties as an employer if you have students placed with you if they are engaged in regulated or controlled activity More details will be available in the health specific guidance

22 Controlled activity Ancillary to frontline services and in limited circumstances: primary care services (GPs, pharmacy, opticians, dentists, district nursing) hospital services provision of domiciliary care making arrangements in connection with an adult placement scheme provision of community care services making direct payments Where there is an opportunities to have: contact with a vulnerable adult access to health or social services records

23 Hot topic 1 Direct payments Recipients do not have to check employees are registered with the ISA – but can Regulations to LAs – explain and enable ISA registration ‘Suitable people’ who manage direct payments do not have to register employees - but can ‘Suitable people’ appointed by LAs who are not family or friend of service user will be registered –as will anyone they employ Barred people commit an offence if they work for a direct payment recipient

24 Hot topic 2 Overseas workers Will be subject to ISA registration Regardless of length of time in the country Employers will be able to ‘register an interest’ Offences committed abroad where notified to UK will ‘count’

25 Hot topic 3 CRB checks No changes planned for the requirement for CRB checks CRB check information is crucial to the employer decision about a person’s suitability for a job Verifying identity is part of ISA registration ISA registration will ensure that employer knows whether or not a person has been barred ISA registration also allow ISA to decide whether there is information that could lead to a person being barred – before they take the job.

26 Referrals to the ISA (for a RAP) From 12 th October 2009 Two conditions, both must be met to trigger a referral to the ISA. 1.Withdraws permission for an individual to engage in regulated or controlled activity, or would have done so had that individual not resigned, retired, been made redundant or been transferred to a position which is not regulated or controlled activity 2.Because they think the individual has: Engaged in relevant conduct or, Satisfied the Harm Test or, Received a caution or conviction for a relevant offence If both conditions have been met, the information must be referred to the ISA.

27 Relevant conduct ( Harm) Any conduct which Endangers a child or vulnerable adult Is likely to endanger If repeated would endanger That involves sexual material relating to children That involves sexually explicit violent images against human beings Inappropriate conduct of a sexual nature,

28 The Harm Test The harm test is defined in the Act - the relevant person believes an individual may; Harm a child or vulnerable adult Cause a child or vulnerable adult to be harmed Put a child or vulnerable adult at risk of harm Attempt to harm a child or vulnerable adult; or Incite another to harm a child or vulnerable adult

29 Changes from 12 th October- in a nut shell Illegal for employers/vol orgs to knowingly employ a person in regulated activity if they are on a barred list Existing CRB check requirements remain unchanged Employers have a duty to refer a person if they are removed from RA

30 What you must do Understand what RA is and how it applies to you Understand your responsibilities as a RAP Understand your duty to refer a person to the ISA Ensure it is clear who is responsible for doing CRB checks and from July 2010 ISA registration in your organisation Ensure they accept the responsibility and understand their duties Update your recruitment and disciplinary policies and procedures to remind staff to think “ISA registration” Use the ISA referral guidance, generic and health and social care guidance as reference Use the ISA helpline

31 Links to safeguarding No Secrets – being updated will refer to the Vetting and Barring Scheme Will also look at procedures for investigation of safeguarding alerts Your help is needed Safeguarding alerts vs inspection for regulation breach

32 More information Referral guidance from ISA now available from Generic Scheme guidance very soon Health and social care guidance on the ISA to follow and will be published on Telephone enquiries to