The Vetting and Barring Scheme Adrian Harding Operational Unit Head Independent Safeguarding Authority

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.”

What is the VBS Scheme? Statutory Scheme sponsored by the Home Office and supported by the DCSF and DH. New, improved checking and monitoring scheme Employees and volunteers engaged in regulated activity required to register with the ISA Two barred lists

What is the VBS Scheme? Once rolled out, it will be illegal for employers to engage anyone in regulated or controlled activity without checking their registration status with the scheme 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. Domestic employment - different Circumstances

How will it be phased? New entrants to the workforce & those moving jobs will be the first to go through the scheme. Members of the existing workforce will be phased into the scheme over a five year period.

Criminal Offences From go-live it will be illegal for a barred person to work, or apply to work, in regulated activity An employer will be committing an offence if they do not check the ISA status of new employees Once fully rolled out will it be an offence to have in your employ a person not ISA registered.

Definitions Frequent - once a month or more Intensively - where an activity takes place on 3 or more days in any period of 30 days Overnight - is any time between 2am and 6am

What is regulated activity? Involves contact with children or vulnerable adults and is: of a specified nature (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 position of responsibility (e.g. school governor, director of children’s and adults services, trustees of certain charities).

Key features of regulated activity It will be illegal for barred individuals to undertake or apply for positions in regulated activity After full role out anyone undertaking regulated activity must be ISA registered It will be illegal for organisations to engage a barred or non-registered person Employers must check that prospective employees are ISA registered Does not extend to personal and family relationships.

What is controlled activity? Expected to apply to roughly half a million workers and volunteers Tightly defined: Ancillary support workers in FE, NHS and adult social care (e.g. cleaner, caretaker, catering staff, receptionist) with frequent or intensive contact with children or vulnerable adults. Those working for specified organisations (e.g. Local authorities) with frequent access to sensitive records about children or vulnerable adults. Barred people can be employed in controlled activity providing safeguards are in place.

Domestic employment Those employed (e.g. nannies and care workers) by domestic employers (e.g. parents and carers) The self employed (e.g. music teachers) It will not be mandatory for domestic employers to check the registration status of their employees, but the facility will be available. It will be illegal for a barred person to undertake this activity.

Staffing implications 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. Individuals may make representations against being barred in most circumstances

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. Parents/private employers should go to a statutory agency who can investigate and refer if appropriate (e.g. social services or the police).

Referral specifics If an employee is dismissed or moved from regulated activity because they engaged in *relevant conduct towards a child or vulnerable adult this MUST be reported to the ISA. If an employee under investigation for relevant conduct resigns before a disciplinary investigation is complete this MUST be reported to the ISA. This includes volunteers as well as paid staff

Referral specifics…. If employers have other concerns about an employee’s behaviour that don’t reach the mandatory benchmark they MAY be 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

Relevant Conduct Relevant conduct endangers a child or vulnerable adult or is likely to endanger a vulnerable adult; if repeated against or in relation to a child or vulnerable adult, would endanger them or would be likely to endanger them; involving sexual material relating to children (including possession of such material); involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to ISA that the conduct is inappropriate; conduct of a sexual nature involving a child or vulnerable adult, if it appears to ISA that the conduct is inappropriate.

A person’s conduct endangers a child or vulnerable adult if they— (a) harm a child or vulnerable adult, (b) cause a child or vulnerable adult to be harmed, (c) puts a child or vulnerable adult at risk of harm, (d) attempts to harm a child or vulnerable adult, or (e) incites another to harm a child or vulnerable adult.

Decision Making Process

Gathered information assessed using structured Decision Making Process (DMP) DMP produced by ISA The DMP is a complex 5 stage process

Barring Decision Process Cumulative Behaviour Referral Information Further Information that is gathered or received Representation s Representations and/or specialist referral - do these cast doubt on any findings on the facts or the assessment of risk? None received Case assessment – is there sufficient concern that it is considered a bar should be imposed, using which powers and on which list? Appropriate to bar? Is it appropriate to bar and on which list? Did relevant conduct happen or is one of the risk of harm categories satisfied? Facts must be proved on the balance of probabilities. Public Confidence: Taking account of all circumstances including impact on individuals, would the barring decision undermine a reasonable person’s confidence in the system? Automatic inclusion subject to representations Facts can be treated as proved Conviction Caution Competent body findings Initial assessment – which of the powers to bar are relevant ? Case receive d by ISA Relevant Conduct (Behaviour) Risk of Harm Children Relevant Conduct (Behaviour) Risk of Harm Vulnerable Adults Do the characteristic s of the case merit further consideration ? Assessment. Including: mitigating or aggravating factors. (Incident specific and person specific information) Specialist referral Level of future risk of harm to Children or Vulnerable Adults? Is barring required to prevent harm to Children/ Vulnerable Adults? Minded to bar and appropriate to bar? Which list? Follow red arrows only when representations received Do you remain satisfied that the barring decision is appropriate? Yes – including expert evidence submitted

Did it happen? Finding of a competent body Referral information Gathered information Cumulative Behaviour

Barring Decision – Convictions/Cautions Automatic inclusion (“Autobar”) Inclusion subject to consideration of representations (“Autobar with Representations”) Discretionary (Behaviour / Risk of harm)

STRUCTURED JUDGEMENT CASE ASSESSMENT STRUCTURED AROUND AREAS THAT DRIVE BEHAVIOUR LINKED TO EVIDENCE BASE FOR RISK OF HARM DOMAIN ONE - PREDISPOSING FACTORS Interests/Fantasies/Drives ‘Harm Related Intrinsic Drives and Interests’ DOMAIN TWO - COGNITIVE FACTORS Faulty thinking and beliefs ‘Thinking, Attitudes and Beliefs’ DOMAIN THREE - EMOTIONAL FACTORS Relationships/attachment styles ‘Relationships’ DOMAIN FOUR - BEHAVIOURAL FACTORS Impulsivity/Irresponsibility/Problem-solving ‘Self Management’

THINKING, ATTITUDES AND BELIEFS Child abuse supportive beliefs Belief that one is entitled to or deserves to have sex Strong anti-social and/or pro-violence beliefs Presence of hostile attributions towards others generally or towards specific groups/individuals Belief that one is entitled to con, manipulate or otherwise control others Callous attitudes Rigid thinking style Any other attitude or belief that would endorse harmful behaviour

RELATIONSHIPS Inadequacy Strong sense of emotional congruence with children Suspicious, angry, vengeful style of relating to others within relationships Inability to resist peer influence (being easily led into anti-social behaviour) Lack of any obvious support and/or social isolation Poor attachment style (dismissive/avoidant/fearful) Lack of empathy for others

RISK OF HARM EVALUATION Where ‘definite concerns’ in 2+ areas, caseworkers, presumption would be to bar RISK OF HARM WOULD MOST SENSIBLY BE MANAGED BY THE IMPLMENTATION OF SAFEGUARDING PROCEDURES (BARRING) – i.e. not high/low/med Where ‘no’ or ‘some’ concerns in majority of areas, presumption would be not to bar Exceptional circumstances …

CRITICAL RISK Definite concerns in only one area … Critical to question of potential for future harm to vulnerable groups High degree of causality between risk factors and potential for future harm Magnitude of potential harm that would be caused (‘seriousness’) Imminence of harm Assessment of high likelihood of escalation Where critical risk factor judged present – minded to bar (escalation to Senior Manager)

WHICH LIST? Scenario planning Review pattern of risk factors present (NOT simply conduct) Review circumstances and assess contexts in which risk aggravated/mitigated Example 1 Harm caused to a child where underpinned primarily by sexual preference for children and child abuse supportive attitudes Example 2 Harm caused to a child where underpinned by exploitative attitudes and risk factors around irresponsibility/recklessness Example 3 Harm caused to a child where underpinned by poor support and emotional congruence with children

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