(a separate but aligned scheme will be introduced in Scotland next year). The Scheme was a recommendation following the inquiry into the murders of two schoolgirls in Soham, Cambridgeshire, in 2002. The Scheme creates a register to help prevent unsuitable people working with children or vulnerable adults.
The Safeguarding Vulnerable Groups Act 2006 has created an agency, the Independent Safeguarding Authority (ISA) who will work in partnership with the Criminal Records Bureau (CRB). Potential employees and volunteers will need to apply to register with the ISA via the CRB. The ISA will be responsible for the decision making and maintenance of two new barred lists, one for children and one for vulnerable adults, whereas the CRB will be responsible for the application and monitoring elements of the scheme.
The three barring lists in England and Wales - the Protection of Children Act (PoCA) List, List 99 (the list of those prohibited from working with children in education) and the Protection of Vulnerable Adults (PoVA) List, will be replaced by the two new barred lists.
The scheme will be phased over a 5 year period and individuals applying for new roles will need to be registered from July 2010. Registration for all employees and volunteers and the checking of a person’s status will be mandatory from November 2010.
Unlike a CRB check, which is a ‘snap shot’ of a criminal record, an ISA registration will continuously monitor an individual and employers can be advised that an employee has been de-registered (barred). The ISA will only report what is known however and the need for thorough recruitment processes, including interviews, checks of references and work history, will remain paramount.
Who has to be registered?
Anyone who applies to work with children or vulnerable adults, either in paid employment or in a voluntary capacity will have to be registered. There is a cost for those seeking employment although, as previously with CRB checks, this is waived for volunteers.
In schools, such volunteers could include parents helping at a child’s sports club, helping with reading clubs and parents hosting exchange students.
Will existing staff need to be registered?
Registration will only commence on 26 July 2010 for new starters or those moving jobs. For those already employed, there will be a phased roll out programme over the next five years during which time they will need to become ISA registered.
What happens between now and 26 July 2010 for new applicants?
The new barred lists have been introduced and as an interim measure, Enhanced CRB checks will be extended to anyone seeking to work in ‘regulated’ activity from October 2009.
If you are currently entitled to apply for a standard CRB check for those working with children / vulnerable adults you will now be required to apply for an Enhanced CRB check.
What is the difference between ISA registration and CRB checks?
The ISA take decisions to prevent unsuitable people from working with children and vulnerable adults. The CRB will continue to support employers by providing them with access to an individual’s full criminal record and other information so that they can access the individual’s suitability for a particular position.
What is the penalty for employing a barred individual in regulated activity?
You could be fined up to £5000 for failing to carry out a check and face imprisonment of 6 months for knowingly employing someone who is barred.
To ensure your school meets the full requirements of this Scheme it will be important to review recruitment processes and procedures for on-going checks for all employees and volunteers.
Further Advice and Support
Further advice and support in respect of the Vetting and Barring Scheme can be obtained from your HR Department.
NorthgateArinso can provide full guidance on all aspects of the Vetting and Barring Scheme throughout the phasing-in process, including assistance in obtaining Enhanced CRB checks and carrying out reviews of the barred lists in conjunction with the CRB for all new appointments and volunteers.
NorthgateArinso clients should contact our Advice Line on 0845 299 0243 for further support and advice.
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