SPORTS

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SPORTS RECREATION SECTORVETTING BARRING
SCHEME COMMUNICATION EVENT 24 July 2009
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AIMS OF THE DAY

• To ensure that participants
• Have a clear understanding of the Vetting and
  Barring Scheme, including their organisation's
  role and responsibilities.
• Have had the opportunity to contribute to the
  development of sports sector specific guidance
• Agreed a process for cascading information to
  grass roots/local sports organisations

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Agenda10.30 Introductions purpose of the
meeting, key people involved and expectations of
the day10.40 Briefings from -Criminal Records
Bureau-Home Office-Independent Safeguarding
Authority11.30 Table discussions about
regulated positions / coverage-to explore areas
about which further clarification is required-to
consider suggestions to aid this clarification
-to discuss concerns about areas that are clear
but present issues12.20 Feedback from
groupsLunch
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1.15 Table discussions about procedures and
processes-to explore areas about which further
clarification is required -to consider
suggestions to aid this clarification -to
discuss concerns about areas that are clear but
present issues1.45 Feedback from groups 2.00
Panel discussion chaired by Anne Tiivas,
--covering-timescales-responsibilities-communi
cation strategies2.45 Conclusions and next
steps3.00 Close
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Key areas to be included within the
guidanceReference to general
requirementsDistinctions between CRB checks and
ISA registrationWhat constitutes regulated
activity (with children or vulnerable
adults)ExemptionsOpen age activitiesSports
settingsIncidental involvement of children and
young people within sports activitiesLiability
and Registered Activity ProvidersDuty to refer
to the scheme
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Phil QuinnCriminal Records Bureau
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Phil QuinnHead of Customer Service Delivery
Criminal Records Bureau Improving Vetting
Procedures
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• 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

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(No Transcript)
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20 million CRB checks so far
Individuals working with children and vulnerable
adults
Barristers
Nurses
Doctors
Accountants
Chemists
Taxi Drivers
Midwives
Social Workers
Probation Officers
Dental Hygienists
Gaming Licences
Veterinary Surgeons
Medical Practitioners
Prison Officers
Firearms Dealers
Dentists
Judicial Appointments
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Providing information from
Police National Computer
List 99
Protection of Vulnerable Adults List
Protection of Children Act List
Police law enforcement agencies
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Is the CRB making a difference?

• In 2008
• 3.8 million CRB checks carried out
• 250,000 revealed information
• 18,000 resulted in job offers withdrawn
• 9 in 10 people support the use of CRB checks
• Every day last year, 50 unsuitable people were
  stopped from getting access to the vulnerable as
  a result of a CRB check

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Top Reasons

• 71 due to the criminal record information
• 20 due to the police/law enforcement agencies
  information printed on the Disclosure
• 4 due to the police/law enforcement agencies
  information issued by separate letter
• 2 due to the POVA Check result
• 2 due to the POCA Check result

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Top convictions

• 40 Violence (GBH, ABH Assault)
• 21 Theft
• 5 Drugs
• 6 Fraud Dishonesty
• 6 Sexual Assault
• 3 Abuse of children

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Future services
e-Application Services
Vetting and Barring Scheme
Right to Work Checks
Continuous updating
Basic CRB Check
Overseas Conviction History
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VBS launch timetable

• October 2009
• 2 new barred lists replace POCA, POVA and List
  99
• POVA First replaced by ISA Adult First
• Definition of regulated activities widened
• Barring arrangements will apply to a wider
  range of activities / settings
• Standard CRB checks will no longer search
  barred lists
• There is no change to the CRB application form

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VBS launch timetable

• July 2010
• New CRB/ISA application form introduced
• ISA-registration is available for new entrants
  to the workforce those moving jobs
• ISA-online checks are available
• You can start to subscribe to be informed of
  changes to an individual's ISA-registration
  status

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Fees from July 2010
Standard CRB check
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Enhanced CRB check
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Enhanced CRB check ISA-registration
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ISA-registration
64
Online ISA-registration check
Free
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VBS launch timetable

• November 2010
• It will be mandatory for new entrants and job
  movers to be ISA-registered before they start
  their new posts
• January 2011 to 2016
• Existing workforce is phased into the scheme

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VBS Phasing

• Year 1 - new entrants and those moving jobs
• Year 2 - those who have never had a CRB check
  before
• Year 3 - those with CRB checks over three years
  old
• Year 4 - those with more recent CRB checks
• Year 5 - the remainder of those who have had a
  CRB Check those who work in
  controlled activity

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CRB vs ISA-registration checks

• Enhanced CRB Check
• Fee payable
• Snap shot in time
• Updates available on re-application
• Job Specific
• Not easily portable
• Reveals All convictions, ISA-registration status
  and if barred, the reasons for the bar, Police
  info

• ISA-registration check
• Free and online or included in an Enhanced CRB
  check
• ISA status is continuously monitored updated
• Employers notified of changes to a persons
  ISA-registration
• Workforce specific
• Reveals ISA-registered status for each workforce

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• How do you plan to integrate CRB checks and/or
  ISA-registration checks in your recruitment
  process?

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Liz MorrisonHome Office
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The Vetting Barring Scheme
Liz Morrison Home Office VSPU July 2009
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Format of presentation

• Introduction to the Scheme
• Operational Responsibilities
• Whats New
• Phasing and Costs
• Question Time

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Introduction to the scheme

• The Safeguarding Vulnerable Groups Act 2006 sets
  out the scope of the scheme.
• Core purpose to prevent unsuitable people from
  working or volunteering with children and
  vulnerable adults
• The Scheme will fundamentally reform current
  vetting and barring practices.
• but employers retain their responsibilities for
  ensuring safe recruitment and employment
  practices.

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Delivering the Scheme
Police
Umbrella Bodies
Regulators
Other Government Departments
Stakeholders in Education, Faith, Health /
Social Care, Sport, Local Authorities
Employers , Recruitment Agencies, Unions,
Charities
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How the process will work
Online Checking
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So, whats new...?

• A Register of those able to work with vulnerable
  groups
• Regulated Activity - safeguarding scope is
  widened
• Controlled Activity introduced
• New Barred lists replace POCA, POVA and List 99
• Continuous monitoring of registration status
• Free online checking
• The Independent Safeguarding Authority
  established
• ISA referrals process
• ISA Decision Making process

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Phasing in the Scheme
Wider Definition of Regulated Activities
Individual Registration starts
Extends to current workforce
New Barred Lists
Oct 2009
July 2010
Nov 2010
2011
Jan 2014
Duty to make Referrals
Mandatory to have ISA registration for new
starters when moving jobs
Controlled Activity
New Criminal Offences
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Introducing ISA Registration

• 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.

• A positive register with continuous monitoring of
  status

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Definition of Vulnerable Groups

• Children under 18
• unless in the workplace,
• Vulnerable Adults
• Is receiving domiciliary care or any form of
  healthcare
• Is requires assistance in the conduct of own
  affairs
• Is detained in lawful custody
• Is receiving any service or participating in any
  activity specifically because of age, disability,
  physical or mental problem or is an expectant
  mother.

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Regulated Activity

• Involves contact with children or vulnerable
  adults
• and is
• a special type of activity
• or
• any activity in a special place
• or
• holding a special position
• No distinction is made between paid and voluntary
  work

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Definition of Regulated Activity

• Involves contact with children or vulnerable
  adults and is
• Also covers Fostering and Defined Office
  Holders
• Eg Directors of Childrens Services, Trustees of
  childrens Charities, School Governors..
• No distinction made between paid and voluntary
  work

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Regulated roles include...

• Where people are providing advice, guidance or
  assistance to vulnerable adults or children,
  including teaching, care or supervision.
• This includes roles such as
• Teachers GPs Nurses.
• Childcare workers Osteopaths, chiropractors
• Care workers All staff in childrens hospitals
• Prison officers Opticians, Dentists
• Youth workers Volunteers in RA
• Some Taxi drivers Most sports coaches

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What Regulated Activity means

• Duties and responsibilities under regulated
  activity where an organisation is providing the
  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

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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

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Quick Test 1

• A school teacher
• who coaches at a
• swimming club
• Does s/he need to be registered ?

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Quick Test 2

• The volunteer organiser of a local Stroke
  Association provides advice on sources of support
  and organises weekly social events for members
  and their relatives
• Does s/he need to be registered ?

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Quick Test 3

• The local church sets up a ladies aerobics
  class for mothers.
• Although there is no childcare facility, the
  class information says that they can bring their
  children with them if they do not have other
  arrangements.
• Does the teacher need to be registered?

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Quick Test 4

• A parent who volunteers
• to stand in as a first aider
• at the annual
• interschool games
• Does s/he need to be registered ?

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Introducing Online Checking

• The status of individuals will be
  continuously updated on receipt of new
  information, such as convictions or referrals
  from employers.

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Impact of Online Checking

• Online Checking is free, available 24/7
• Once the Vetting Barring Scheme has been fully
  rolled out, it will be 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 be notified, so that
  professional registration can also be reviewed

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The ISA

• A non-departmental public body
• Chair Sir Roger Singleton
• 10 Board members - experienced experts
• 200 case workers
• Based in Darlington

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ISA Current status

• The ISA was established in Jan 2008
• From 31 March 2008, the ISA has been advising the
  Secretaries of State on referrals to the current
  barring schemes
• The ISA is managing the new barred lists,
  including consideration of currently barred
  individuals
• From 20 Jan 2009, following secondary
  legislation, the ISA is taking the decisions on
  new referrals to the current barring schemes -
  business as usual, except that referrals go to
  the ISA instead of DCSF or DH

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Referrals to the ISA

• 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 individuals conduct to
  the ISA
• Parents/private employers should go to a
  statutory agency(e.g. social services or the
  police)
• The Independent Safeguarding Authority will
  inform professional/regulatory bodies when it
  bars someone, so that their professional
  registration can also be reviewed

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Scheme Launch 12 October 2009

• Definition of regulated activities widened so
  barring arrangements apply to more activities and
  in more settings, eg NHS HM Prison Service
• 2 new barred lists replace POCA, POVA and list 99
  
• Referrals Duty for providers of regulated
  activities to notify the ISA of relevant
  information
• New criminal offences
• It becomes a crime for a barred individual to
  seek or undertake work with vulnerable groups
  and for employers to knowingly take them on
• Standard CRB checks no longer include check of
  barred lists ISA Adult First is available

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Scheme roll out from July 2010.

• Applications for ISA-registration for new
  entrants to the workforce those moving jobs
  will start in July 2010
• 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 January 2011
• We expect the roll out to phase in over a 5 year
  period.

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What will it cost?

• 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.

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Summary of scheme

• Information sharing framework is enshrined in law
  and is at the heart of the scheme
• Anyone working or volunteering with vulnerable
  groups in regulated activity must be registered
• Employers must verify an individuals
  registration status, Parents/individuals can use
  the system too
• Employers will be informed if an employee becomes
  de-registered from the Scheme
• Barring decisions will be taken by independent
  experts.
• Oct 09 - Regulated activities introduced
• - ISA Processes
• July10 - Applications for Registration start

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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 staff numbers/budgets
• For July 2010
• Look at all contract terms and conditions
• Prepare adverts for jobs as subject to ISA
  registration
• Continue safe recruitment practices

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For further information visit
www.isa-gov.orgor call 0300 123 1111
Your Questions
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Timetable for Scheme introduction

• From October 2009 - Wider definition of
  regulated activities brought into force
• Extended Barring arrangements will apply to a
  wider range of activities and in a wider range of
  settings
• NHS settings HM Prison Service
• Providers of regulated activities are duty bound
  to notify the ISA of relevant information
• individuals who pose a threat can be identified
  and barred
• New criminal offences
• becomes a crime for a barred individual to seek
  or undertake work with vulnerable groups and for
  employers to knowingly take them on

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Suzi DaleyDCMS
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Vetting and Barring Scheme

• Sports sector specific guidance
• Suzi Daley, Senior Policy Adviser DCMS

Suzi Daley, PE Sport Strategy for Young People
Team DCMS
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Timescales

• September 2009
• Collect and consolidate comments from sector into
  one guidance document
• October 2009
• Agree format with DCSF HO policy leads and
  circulate draft guidance to sector via the CRB
  Sport and Recreation Consultative Group
• December /January 2010
• Produce final guidance

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Guidance needs to

• Recognise breadth and diversity of roles and
  situations within the sport and recreation
  landscape
• Reflect sectors comment and input
• To be in a user friendly format- Balancing the
  need for brevity with useful and practical
  content
• Needs to clearly be cross-referenced with
  relevant sections of generic guidance
• Be available in good time for the Schemes
  roll-out

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What sector specific guidance will include

• Reference to general requirements
• Distinctions between CRB checks and ISA
  Registration
• What constitutes Regulated Activity
• What constitutes Merely Incidental
• The Frequency Test and Period Condition
• Exemption/Relaxations in the cases of open-age
  sport-
• Duty to refer
• Clarity over who acts as the Regulated Activity
  Providers (RAPs)

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For Today

• Opportunity to ask more questions, suggest some
  examples to include
• DCMS/CPSU will take back queries and comments to
  lead DCSF policy colleagues
• Suzi.daley_at_culture.gsi.gov.uk