Action on Elder Abuse

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Action on Elder Abuse
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The provisions under the Safeguarding
Vulnerable Groups ActVeronica Monks
Implementation Team Vetting and Barring
SchemeDepartment of Health
26th March 2007
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Notes about this presentation

• This presentation is about the intended
  introduction of the new Vetting and Barring
  Scheme under the Safeguarding Vulnerable Groups
  Act.
• We are planning to introduce the new Scheme from
  Autumn 2008.
• The term employers refers to both employers and
  managers of volunteers.
• The term employees refers to both paid and
  unpaid/volunteer work/activities.

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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.

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Vetting Barring Scheme

• The Safeguarding Vulnerable Groups Act provides
  the legal framework for the new Vetting and
  Barring Scheme.
• Please visit www.opsi.gov.uk for a full copy of
  the Act and its Explanatory Notes.
• The Schemes operation will build on the current
  CRB infrastructure.
• The Scheme will reform current vetting and
  barring practices.

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Legal policy framework (A)

• The Safeguarding Vulnerable Groups Act 2006
  defines the scope of the scheme.
• It provides that certain activities in relation
  to vulnerable groups are regulated.
• This is regulated activity.

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Legal policy framework (B)

• 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,
  intensively and/or overnight.
• Any activity allowing contact with children or
  vulnerable adults and is in a specified place
  (e.g. schools, care homes, etc) frequently or
  intensively.
• Fostering and childcare.
• Certain defined positions of responsibility (e.g.
  school governor, director of social services,
  trustees of certain charities).

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Legal policy framework (C)

• Duties and responsibilities under regulated
  activity
• A barred individual must not undertake regulated
  activity.
• To undertake regulated activity the individual
  must be a member of the Vetting and Barring
  Scheme.
• An employer must not engage in regulated activity
  a barred person or a person who is not a member
  of the Scheme.
• An employer must check that an employee in
  regulated activity is a member of the Scheme.
• No distinction is made between paid and voluntary
  work.
• Personal and family relationship are not covered.

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Legal policy framework (D)

• Domestic employment circumstances
• 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 employers in
  domestic
• circumstances to check their employees, but they
  can.
• A barred person must not engage in this
  employment.

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Legal policy framework (E)

• Controlled activity
• It will be mandatory to check individuals in
  controlled activity.
• A barred person can be employed in controlled
  activity, providing safeguards have been put in
  place
• Ancillary support work in general health, NHS,
  adult social care and FE settings (e.g. cleaner,
  caretaker, shop worker, catering staff, car park
  attendant, receptionist).
• Those working for specified organisations (e.g. a
  Local Authority) with frequent access to
  sensitive records about children and vulnerable
  adults.

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Overview of rights and responsibilities
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Employer duties - Referrals

• Employers, professional and regulatory bodies,
  and child/adult protection teams in Local
  Authorities will be under a duty to refer
  relevant information.
• All other employers of those working with
  children and/or vulnerable adults may refer.
• Parents/private employers should go to a
  statutory agency who can investigate and refer if
  appropriate (e.g. social services or the police).
• The Independent Barring Board will inform
  professional and regulatory bodies when it bars
  someone, so that their professional registration
  can also be reviewed.

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Improvements under the new Scheme

• The Safeguarding Vulnerable Groups Act provides
  for the following improvements
• Integration of lists - POCA, POVA, List 99 and
  Disqualification Orders
• Pre-employment vetting - Barring decisions made
  prior to employment
• Consistent decisions by experts - The
  Independent Barring Board
• Continuous updating - Notification if a persons
  status in the Scheme changes

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Improvements under the new Scheme (continued)

• Wider workforce coverage POVA applies to
  regulated social care settings only
• Reduction in cost and delay of repeat checks
  Online checks
• Wide range of sources - To include referrals
  from employers, inspectorates and professional
  regulators
• Empowering parents, carers and individuals
  Giving them the ability to check status

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How it will work Barring decisions

• The Independent Barring Board will
• Maintain the barred lists and decide to include
  individuals on the barred lists
• Consider representations
• Comprise a balance of different expertise

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How it will work Operations

• The Criminal Records Bureau will
• Receive applications to the scheme
• Gather and monitor information for the IBB
• Administer automatic inclusions on the list and
  cases where there is no information
• Provide the facility for online checks and
  continuous updates

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Scheme operation (2) Data owners
DATA OWNERS
Local Authorities Inspectorates Regulators Police
Employers
Suppliers Referrals
Data and information captured and owned
In order for the IBB to be able to make an
informed decision on a case under consideration
the information owned by the above groups needs
to be supplied or referred to the IBB in a
timely, efficient and accurate manner
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Scheme operation (3) Data gatherers
DATA OWNERS
Local Authorities Inspectorates Regulators Police
Employers
Suppliers Referrals
The CRB and Police will undertake checks for both
the Vetting and Barring Scheme and CRB
Disclosures
Data and information captured and owned
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Scheme operation (4) IBB and decision making
DECISION MAKERS
DATA OWNERS
Local Authorities Inspectorates Regulators Police
Employers
IBB Chair Board Experts
Suppliers Referrals
The IBB will take the barring decisions for the
Scheme
Data and information processed and bundled for
IBB use
Data and information captured and owned
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Scheme operation (5) Application overview
CRB Application handling RB process ID
assurance PNC checking Case preparation for the
police Apply IBB rules Bundling data and
information for IBB use (as appropriate)
Applicant
IBB Case consideration Barring decision
as appropriate
Registered Bodies Check identity of individual
and submit application
Barring decision issued to individual (and
employer)
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Scheme operation (6) Barring and online status

• The status of individuals will be continuously
  updated on receipt of new information, such as
  new convictions or referrals from employers.
• Employers will be notified, where they have
  registered an interest, if the status of their
  employee changes.
• Scheme membership is fully portable.

Scheme member
Not barred
Online status checking
Not applied
Not a member
BARRED
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Time Table

• Royal Assent of the Safeguarding Vulnerable
  Groups Act
• November 2006
• Home Office implementation from January 2007
• Open information sessions in various cities
  started February 2007
• Consultation on secondary legislation starting
  spring 2007
• IBB Chair in post spring 2007
• IBB infrastructure procured autumn 2007
• Vetting and barring systems ready for testing
  spring 2008
• Vetting and barring systems readiness review
  summer 2008
• IBB vetting barring services phased roll-out
  starts autumn 2008

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For further information please
visitwww.everychildmatters.gov.uk/vettingandbar
ring
Thank you!