Isle of Wight LSCB

Safer Recruitment. The Vetting and Barring Scheme

The Bichard Report

Recommendation“ 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 and individual should not work with these client groups.”

ISA Vetting and Barring Scheme

Providing employers with a more effective streamlined vetting procedure for vetting employees as part of their safer recruitment policy.

Barring unsuitable individuals from working, or seeking to work with children or vulnerable adults

Scope of the Scheme

Has a much wider remit than current provision, affecting more workers and professions

Replaces the current ‘barred lists’: List 99, POCA and POVA Lists and disqualification orders

Provides that certain activities in relation to vulnerable groups are REGULATED and others are CONTROLLED

Those wanting to engage in such ‘activities’ must be registered with the scheme

Applies to both contracted/paid employment and volunteer work

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).

Legal and Policy Framework

To undertake regulated activity the individual must be ISA registered.

A barred individual must not undertake regulated activity.

An employer must not engage in regulated activity a barred person or a person who is not ISA registered.

An employer must check that a prospective employee in a regulated activity is ISA registered.

No distinction is made between paid and voluntary work.

Personal and family relationships are not covered.

Controlled Activity

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/or vulnerable adults.

Legal and Policy Framework

It will be mandatory to check the ISA status of individuals employed in a controlled activity

A barred person can be employed in a controlled activity, providing safeguards have been put in place

Duties of Employers - Checks

Must not employ anyone to carry out a regulated activity who is not ISA registered – will break the law if done

Always need to check a person’s ISA status before employing them in a regulated or controlled activity

Will still need to get CRB disclosures on some employees

Duties of Employers - Referrals

Employers, professional and regulatory bodies and LA child/adult protection teams will be under a duty to refer relevant information on disciplinary proceedings to the ISA

In other circumstances employers may refer information regarding an employee’s conduct to the ISA

Parents/private employers should go to a statutory agency who can investigate and refer if appropriate

Employees

Will have to apply to become registered with the ISA if wanting to work with children or vulnerable adults

Will need to apply before starting work

Will need proof of identity

Need only apply – and pay – once (Volunteers free)

When Does It Start?

The new Vetting and Barring Scheme ‘goes live’ on 12th October 2009.

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.

Introduction of the scheme Tranche 1 –new entrants and people moving post

Tranche 2 (After 6 months) beginning with those who have never had a CRB check, prioritising the ‘oldest’ checks until those up until Sept .2009

By end of tranche 2 it will be a criminal offence for someone in regulated activity not to be registered.

By April 2009 all documentation will be available , including decision trees

What Will It Cost?

Individuals in paid employment will pay £64 when applying for registration with the Scheme.

The one-off application fee is composed of two elements: £28 to fund the running of the ISA and £36 to pay for the CRB Enhanced Disclosure.

Those involved only in unpaid voluntary activity will pay no application fee.

Scheme Operation: CRB

Criminal Records Bureau will:

Receive applications to the scheme Gather and monitor information for the ISA Administer automatic inclusions onto the list and cases where

there is information Provide the facility for on-line checks and continuous updates Work closely with the ISA – clear responsibilities and

accountabilities

Scheme Operation: ISA

The Independent Safeguarding Authority will:

Decide who to place on the barred lists and maintain the barred lists

Consider representations

Scheme Operation: Barring & On-line 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

ISA registration is fully portable

On-line Status Checking

ISA Registered = NOT BARRED

NOT APPLIED Not ISA Registered = VOLUNTARILY WITHDRAWN BARRED

Barring Routes

Automatic Bar – without representation

Automatic Bar – with representation

Bar based on case assessment

Summary

Barring decisions will be taken by independent experts.

Once fully implemented, anyone working or volunteering with children or vulnerable adults in regulated activity must register with the Scheme.

Employers must verify a person’s registration status and ensure those they place with vulnerable people are on the scheme.

Better information sharing - employers, other statutory, business and public organisations must refer appropriate information to the ISA.

Employers will be informed if an employee becomes de-registered from the scheme.

Parents/individuals will be able to check that the workers they employ in a private capacity in regulated activity are registered with the ISA.

QUESTIONS FOR LSCBs ON STATE OF READINESS

What is the state of awareness locally for the ISA scheme? Are all the partners in the LSCB aware of the scheme? How good is their understanding? In particular, what about the 3rd sector, including small 3rd sector

organisations? Is the LA spreading the message to such organisations in its role as

funder/support of community work? In commissioning services, does the LA ensure that the relevant

organisations are aware of the ISA scheme? What about the other partners, are they also making sure that the

bodies they contract with for services understand that the ISA scheme is coming?

What further will be done to improve understanding in the locality?

Further Information and Updates

www.isa-gov.org.uk

Helpline: 0300 1231111