The Vetting & Barring Scheme Home Office & Dept of Health December 2009

2 Format of presentation Background to the Scheme DVD What’s New –4 aspects of the scheme Operational Responsibilities Phasing and Costs Any Questions …

3 Introduction to the scheme The Safeguarding Vulnerable Groups Act 2006 sets out the scope of the scheme in England, Wales & Northern Ireland. Core purpose: to prevent unsuitable people from working or volunteering with children & vulnerable adults in formal arrangements The Vetting and Barring Scheme is a core recommendation of the Bichard Inquiry Report and is central to a new framework which enables information sharing to support public protection.

Fundamental Reform The Scheme will fundamentally reform current practices…. –Enables barred people to be removed from all activity with vulnerable groups –Continuous monitoring of registration status –Open and transparent process Employers & voluntary groups retain their responsibility for ensuring safe recruitment and employment practices. 4

Preparation for the Scheme Police Umbrella Bodies Regulators Stakeholders in Education, Faith, Health / Social Care, Sport, Local Authorities Employers, Recruitment Agencies, Unions, Charities Other Government Departments

Sir Roger Singleton’s Check Objective : To ensure the Scheme provides appropriate protection without imposing a disproportionate burden on those who do not have regular contact with vulnerable groups. Ed Balls, the Secretary of State DCSF, asked Sir Roger Singleton - the Government’s Chief Adviser on the Safety of Children - to check that the “frequent” and “intensive” principles are appropriate for real life situations. The process does not impact the timetable for introducing the new Scheme.

All recommendations accepted Scheme Registration still does not apply to private arrangements Adjustment to Frequent and Intensively definitions and situations where individuals are with different groups. Clarification that young people in education will not be required to register. Extended exclusions around foreign exchanges & international visits such as scout jamborees & sport Two million fewer adults will be required to register Review of the law and advice on requirements for CRB checks for workers with ISA registration. Review of ‘Controlled’ Activity 7

Imagine

Sir Michael Bichard ‘.. for those agencies whose job it is to protect children and vulnerable people, the harsh reality is that if a sufficiently devious person is determined to seek out opportunities to work their evil, no one can guarantee that they will be stopped. Our task is to make it as difficult as possible for them to succeed…’ Sir Michael Bichard 9

Strengthening Safeguarding 1 CRB Disclosures Safer Recruitment CRB Disclosures Safer Recruitment ‘Regulated Activity’ & related offences 1 ISA: Referrals & connection with Regulators 2 ISA : DMP & 2 Barred lists 3 ISA Scheme Registration & Online Checking 4

Strengthening Safeguarding 1 CRB Disclosures Safer Recruitment CRB Disclosures Safer Recruitment ‘Regulated Activity’ & related offences 1

What is Regulated Activity? Any activity which involves contact with children or vulnerable adults and is of a specified nature (e.g. teaching, training, care, supervision, advice, treatment or transport) … frequently or intensively and/or overnight Any activity allowing contact with children or vulnerable adults and is in a specified place (e.g. schools, children’s homes, etc) … frequently or intensively Both fostering and childcare Certain defined “office holders” (e.g. LA Director of Children’s Services, trustees of children’s charities, school governor) 12

Frequent or Intensive Contact Frequent contact - takes place once a week or more (previously once a month or more). Intensive contact - takes place on 4 days in one month or more or overnight (previously 3 times in every 30 days or overnight). Individuals who go into different settings to work with different groups are not required to register Exemptions for overseas visitors escorting children and exchange visits lasting less than 28 days 13

Definition of ‘Vulnerable Adult’ –receives any form of health care –lives in residential accommodation including sheltered housing –receives domiciliary care –receives support, assistance or advice to help them live independently –requires assistance in the conduct of their own affairs. –receives a direct payment –is an expectant/nursing mother in residential accommodation provided by the LA or NHS –receives any service or participates in activity provided specifically because of age or disability –is detained in lawful custody –is on probation Health Social Care Justice Sport, Faith etc

Regulated roles include... Roles where people are providing formal advice, guidance or assistance to vulnerable adults or children, including teaching, care or supervision. Such as: Childcare workers All staff in Schools GPs & NursesOsteopaths, chiropractors Care workersAll staff in Children’s hospitals Prison officersOpticians, Dentists Youth workers Many sports coaches Some Taxi drivers Volunteers in the sector Some Charity TrusteesChild Chatroom Moderators 15

Strengthening Safeguarding 1 CRB Disclosures Safer Recruitment CRB Disclosures Safer Recruitment ‘Regulated Activity’ & related offences 1 ISA: Referrals & connection with Regulators 2

Independent Safeguarding Authority 17 A non-departmental public body, established in Jan 2008 Responsibilities: Act as a central point to collect information and intelligence in order to protect children or vulnerable adults To bar people who are unsuitable to work with children or vulnerable adults To manage the barred lists for Children and Vulnerable Adults (previously POCA, POVA, List 99) 17

18 Referrals to the ISA ISA has a duty to consider information referred to it. 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 Parents/private employers should go to a statutory agency(e.g. social services or the police) Full guidance is available on the ISA website

Employer & LA have a duty to refer : 19 Consider: has a vulnerable person been harmed or put at risk and has the worker been removed from their role either temporarily or permanently? Needs to meet both of two conditions: 1.Withdraws permission for an individual to engage in regulated activity, or would have done so had that individual not resigned, retired, been made redundant or been transferred to another position and 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

Strengthening Safeguarding 1 CRB Disclosures Safer Recruitment CRB Disclosures Safer Recruitment ‘Regulated Activity’ & related offences 1 ISA: Referrals & connection with Regulators 2 ISA : DMP & 2 Barred lists 3

Barring Routes Auto Bar – without representation Auto Bar – with representation Bar based on case assessment A barred person loses their ISA registration and cannot engage in regulated activity. 21

ISA Decision Making Process The ISA considers cumulative behaviour and risk of harm based on : –Finding of a competent body –Gathered information – inc cautions, convictions –Referral information Gathered information is assessed using structured the ISA Decision Making Process (DMP) ‘Minded to Bar’ stage includes representation unless it is an Auto-Bar offence The ISA will inform professional/regulatory bodies when it bars someone, so that their professional registration can also be reviewed

Staffing impacts Staff cannot refuse to become ISA registered and still carry out regulated activity If an existing member of staff is barred they must be moved from regulated activity immediately Unsubstantiated or malicious allegations won’t be enough to get a member of staff barred Individuals may make representations against being barred in most circumstances 23

Strengthening Safeguarding 1 CRB Disclosures Safer Recruitment CRB Disclosures Safer Recruitment ‘Regulated Activity’ & related offences 1 ISA: Referrals & connection with Regulators 2 ISA : DMP & 2 Barred lists 3 ISA Scheme Registration & Online Checking 4 July 2010

Introducing : ISA Registration The Bichard 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 client groups.” A positive register with continuous monitoring of status 25

26 Effect of Scheme Registration Duties and responsibilities under the Act, where an organisation is providing regulated activity: A barred individual must not undertake regulated activity To undertake regulated activity an individual must be ISA-registered An employer must check that a prospective employee who is in regulated activity is ISA-registered An employer must not engage in regulated activity a barred person or a person who is not ISA-registered Personal and family relationships are not covered

27 Key points for domestic arrangements The Scheme includes – those employed in domestic situations e.g. home tutors, childminders, personal care assistants, alternative health practitioners – self-employed people working in regulated activity e.g. sports coaching, therapeutic massage Although it will not be mandatory for ‘domestic’ employers to check people they engage, they can. A barred person must not engage in any regulated activity

Quick Test 1 An arts and drama teacher in a secondary school wants to take a youth group out to a music concert one evening… Does s/he need to be registered ? 28

Quick Test 2 The volunteer organiser of local Stroke Association provides advice on benefits, grants for home adaptations, and organises weekly social evening for members and their relatives Does s/he need to be registered ? 29

Quick Test 3 The organiser of a church lunch club for the retired which meets weekly… Does s/he need to be registered ? 30

Equality & Diversity The Scheme encompasses all groups equally, is non discriminatory and has open and transparent processes. Both ISA and CRB have clear policies, procedures and training to accommodate specific needs relating to race, disability, age, gender, gender identity, sexual orientation, religion and belief Further information is available on the ISA & CRB websites: 31

Overview of Scheme Process 32 Access NI Applications CRB Disclosure Process CRB Continuous Monitoring ISA Case Management System On-Line Status Check Police PND & LPF Registered Bodies Individual Applicants / Employers Referrals & Regulators Updates DMP 2 Barred Lists

Criminal Records Bureau - Role The CRB will: Receive applications for scheme registration Process CRB Checks Gather information for the ISA from Police Computer Administer the continuous updating of records Provide the facility for online checks 33

34 What will Scheme Registration cost? ISA Registration is being phased in, in line with CRB renewals according to the organisation’s current policy. Individuals in paid employment will pay a once off fee of £64 when applying for registration with the Scheme. This includes the cost of an enhanced CRB disclosure Those involved only in unpaid voluntary activity do not pay the application fee. Students undertaking vocational courses (medicine, nursing, teaching, etc) have to pay the application fee. It is transferable, once registered, additional CRB checks can be obtained if necessary

35 Online Checking Service Online Checking is free, available 24/7 In line with the Phasing Strategy, as the Vetting & Barring Scheme is rolled out, it becomes illegal for organisations to engage anyone in regulated activity without checking their registration status first. Those with a ‘legitimate interest’ in the individual will be notified if an individual is de-registered from the scheme. Regulatory bodies will also be notified, so that professional registration status can also be reviewed

36 Introducing Online Checking The status of individuals will be continuously updated on receipt of new information, such as convictions or referrals from employers. Online status checking ISA- registered Not ISA- registered Not barred Not applied BARRED Voluntarily withdrawn

37 Scheme phasing Applications for ISA-registration will start in July 2010 for new entrants to the workforce & those moving jobs only. From November 2010 it will be mandatory for new entrants and job movers to have ISA-registration before they start their new posts Members of the existing workforce will be phased into the scheme from April 2011, starting with those who have never had a CRB check We expect the roll out to phase in over a 5 year period.

How you can prepare Stay Engaged Liaise with relevant Registered Bodies and Regulators Keep up to date with Scheme developments Use briefing tools to spread the word Ensure Internal Communication Inform colleagues especially HR, disclosure staff Consider which roles are defined as regulated activity Start outline planning – numbers / budgets For July 2010 Look at all contracts, terms and conditions Prepare adverts for roles as ‘subject to ISA registration’ Continue safe recruitment practices 38

For further information visit : or call : Your Questions ? 39