AoCCEL Clerks Conference

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AoC/CEL Clerks Conference 30 April
2007 Safeguarding Vulnerable Groups the new
law 30 April 2007 Richard
Sykes Associate (Barrister) 01223
222459 richard.sykes_at_mills-reeve.com
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Safeguarding vulnerable groups the new law

• Agenda
• The current law in brief
• The concepts behind the new law
• How the new law works
• The new law the technical bits
• The new law practical issues

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The current law (in brief)

• s.175 Education Act 1996
• The governing bodyshall make arrangements for
  ensuring that their functions relating to the
  conduct of the institution are exercised with a
  view to safeguarding and promoting the welfare of
  children receiving education or training at the
  institution.
• Safeguarding Children and Safer Recruitment in
  Education (DfES 2006)

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The current law (in brief)

• Education (Prohibition from Teaching or Working
  with
• Children) Regulations 2003 (as amended)
• Obligation on College to provide information to
  DfES where ceases (or would have ceased) to use
  persons services
• On the ground that the person is unsuitable to
  work with children
• On a ground relating to the persons misconduct
• On a ground relating to the persons health which
  raises an issue concerning the safety and welfare
  of children

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The current law (in brief)

• Further Education (Providers of Education)
  (England) Regulations 2006
• Obligation on college to check the following on
  all new members of staff working in a teaching
  position
• Identity
• Entitlement to work in UK
• Compliance with staff qualification requirements
  (teaching and health)
• List 99
• CRB disclosure (if entitled)
• Exemption from List 99 and CRB checks if
  conditions over previous work met
• Obligation to keep a single central record of
  teachers and checks carried out
• Obligation to obtain details of checks done on
  agency staff

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The current law (in brief)

• Vulnerable adults
• Care Standards Act 2000

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The current law (in brief)

• The Rehabilitation of Offenders Act 1974
• Spent convictions
• Exemption from provisions on spent convictions
  when considering persons suitability for a post
• Normal duties of the post include
• Work in an education institution wholly or mainly
  for full-time education of children
• Caring for, training, supervising or being in
  sole charge of children
• Unsupervised contact with children under
  arrangements made by responsible person
• Supervising/managing a person in a regulated
  position

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Safeguarding Vulnerable Groups Act 2006

• THE BIG IDEA
• Recommendation 19 of the Bichard Report
• New arrangements should be introduced requiring
  those who 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.

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SVGA 06 concepts behind the law

• Establishes Independent Barring Board to
  administer decisions needed to meet Bichard
  recommendation 19
• IBB replaces Ministers in making decision over
  inclusion on barred list
• List 99, POCA and POVA replaced by two lists
  operating under a new system
• Extended access to these two lists administered
  by CRB
• Introduces a monitoring system for those involved
  in regulated activities
• Introduces controlled activities not requiring
  monitoring

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SVGA 06 how it works (put very simply)

• Employers, courts and others provide information
• IBB decides whether a person should be on a
  barred list (the childrens or the adults barred
  list)
• Before appointing someone to a regulated or
  controlled activity, the relevant list(s) must
  be checked
• Someone doing a regulated activity must be
  monitored

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SVGA 06 whats a child?

• s.60
• A person who has not attained the age of 18

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SVGA 06 whats a vulnerable adult?

• s.59
• Over 18 years old and
• Receiving care or nursing or
• In sheltered housing or
• In lawful custody or
• Receives/participates in services/activities
  especially for
• Needs resulting from age
• Disability
• Pregnant/new mother in certain accommodation or
• Requires assistance in conduct of own affairs
  or
• Receives any form of health care

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SVGA 06 controlled activity FECs

• A Children
• An activity
• Carried out in FE College
• Carried out by the same person frequently or
  gt2/30 days
• Carried out while engaging in any form of work
• Carried out for, or in connection with, purposes
  of institution
• Giving the person the opportunity to have any
  form of contact with children

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SVGA 06 controlled activity FECs

• B Vulnerable adults
• Unlikely to apply

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SVGA 06 regulated activity FECs

• A Children schedule 4, part 1 (extract)
• Either
• A specified activity (see next slide)
• Carried out frequently or on gt2/30 days by the
  same person, or between 2am and 6am and face to
  face
• Or
• Carried out in education institution exclusively
  or mainly for full-time education of children
• Carried out while engaging in any form of work
• Carried out for, or in connection with, purposes
  of institution
• Giving the person the opportunity to have contact
  with children
• Carried out frequently or on gt2/30 days by the
  same person, or between 2am and 6am and face to
  face
• Or
• The day to day management/supervision (on a
  regular basis) of someone carrying out either of
  the above

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SVGA 06 regulated activity FECs

• A Children
• Specified activities include
• Any form of teaching, training or instruction, or
  care or supervision of children unless merely
  incidental to that provided to adults
• Any form of advice or guidance wholly or mainly
  for children, relating to physical, emotional or
  educational wellbeing
• Any form of treatment or therapy provided for a
  child

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SVGA 06 regulated activity FECs

• B Vulnerable adults schedule 4, part 2
  (extract)
• One of
• Any training, teaching or instruction provided
  wholly or mainly to vulnerable adults
• Any care for or supervision of vulnerable adults
• Any form of assistance, advice or guidance
  provided wholly or mainly for vulnerable adults
• Carried out frequently or gt2/30 days by the same
  person or between 2am and 6am and face to face

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SVGA 06 criminal offences

• Barred person engaging in regulated activity
• Engaging a barred person in regulated activity
• Allowing person to engage in regulated activity
  without checking that they are subject to
  monitoring
• Engaging in regulated activity without subjecting
  self to monitoring
• Allowing person to engage in regulated activity
  without ensuring that they are monitored for that
  activity
• Failing to report reasons for dismissal/resignatio
  n when required

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SVGA 06 key obligations

• Controlled activity
• Must check worker is not on barred list
• May appointed barred person with safeguards
• Regulated activity
• Must check worker is not on barred list
• Must be subject to monitoring (a member of the
  Vetting and Barring Scheme)
• College must inform IBB
• If dismissed, or would have dismissed, person
  because they harmed or, would have harmed, or may
  harm a child or vulnerable adult

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Practical issues

• Fees for
• College to check barred list in respect of
  individual (in addition to CRB fee)
• Individual to join Vetting and Barring Scheme
• CRB provide access to barred lists and Vetting
  and Barring Scheme
• Existing staff will have to join the Scheme
• Trainee students (aged 16) in regulated
  activities will have to join the Scheme
• Does not replace CRB checks and safe recruitment
  procedures
• Comes into force Autumn 2008

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Useful web links

• Safeguarding Children Safer Recruitment
• http//publications.teachernet.gov.uk/default.asp
  x?PageFunctionproductdetailsPageModepublication
  sProductIdDFES-04217-2006
• Vetting barring scheme
• http//www.everychildmatters.gov.uk/socialcare/sa
  feguarding/vettingandbarring/

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