The background

Following the Bichard Inquiry into the Soham murders, the Government has introduced a new vetting and barring scheme which will go live in autumn 2008. The overriding aim of the scheme is to help avoid harm, or risk of harm, to children or vulnerable adults.

The Safeguarding of Vulnerable Groups Act 2006 provides the legal framework for the new scheme. The scheme was created in response to recommendation 19 of the Bichard report, which states:

“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 clients.”

The vetting and barring scheme will prevent individuals who are deemed unsuitable to work with vulnerable groups from gaining access to them through their work. It requires new employment checks for all employees who carry out "regulated activities" or "controlled activities". It is anticipated that 10 million people will be covered by the scheme.

The scheme does not make a distinction between paid and unpaid work, and therefore the term “employees” refers to individuals engaged in either paid or voluntary activities.

Streamlining current practices

When the new vetting and barring scheme is phased in from autumn 2008, it will reform current vetting and barring practices. The Protection of Children Act (POCA) list, Protection of Vulnerable Adults (POVA) list, List 99 and the Disqualification Order Regime will be replaced by the new vetting and barring scheme. There will be a single list of those barred from working with children and a separate, but aligned, list of those barred from working with vulnerable adults.

The scheme will ensure that individuals who are known to present a risk of harm to children and/or vulnerable adults are prevented from entering the relevant workforce. A new Independent Barring Board (IBB) will be set up to take all discretionary decisions on who should be placed on the barred list, both prior to an individual’s employment and, if necessary, following a referral into the scheme. The IBB will work closely with the Criminal Records Bureau (CRB) to deliver the new service. The CRB will provide the administrative arm to the IBB.

Regulated activities

Employees who carry out “regulated activities” will need to be members of the scheme. Regulated activities include any activity which involves contact with children or vulnerable adults and is of a specified nature, for example teaching, training, care, supervision, advice, treatment or transport.

The definition also includes any activity allowing contact with children or vulnerable adults which takes place in a specified location, for example schools, care homes etc. Therefore, a builder working in a school or hospital would need to be a member of the scheme.

Also included are fostering, childcare and certain defined positions of responsibility – for example, a school governor, director of social services or trustee of certain charities. To undertake a regulated activity, an individual must have had a vetting and barring check.

Criminal offences

It will be a criminal offence for a barred person to undertake a regulated activity for any length of time. In addition, an employer taking on a person in a regulated activity will commit a criminal offence if he fails to check the status of an applicant, employee or volunteer.

It will also be an offence for an employer to permit a barred person, or a person who has not yet had a vetting and barring check, to work for any length of time, and no matter how infrequently, in a regulated activity.

Controlled activities

The Act defines “controlled activities”. These include activities carried out by ancillary or support workers in certain areas, for example, the NHS, further education establishments or adult social care settings. The definition would cover, for example, cleaners, shop workers, receptionists or car park attendants.

Employers will have to check those who are engaged in the controlled activity. Barred individuals can engage in controlled activities subject to certain safeguards. It will be a criminal offence not to put those safeguards in place.

Referrals

Employers will be under a duty to refer certain relevant information to the scheme, for example the dismissal or resignation of an employee in circumstances which would normally attract the interest of the IBB.

What does it mean for me?

It is suggested that employers continue to carry out CRB checks as normal on employees, which can be done at the same time as checks under the new scheme. For example, a drink-driving charge may not affect an employee’s IBB status but will be discovered on a CRB check.

Employers (or employees) will have to pay a small fee for all existing staff to become members of the scheme. They will also have to continue to pay for enhanced CRB checks. It is up to the parties to decide who will pay for the employee to become a member of the scheme.

In 2008 the scheme will be rolled out to new employees and those moving jobs. It is understood that current employees will need to be checked over a period until 2011. The Home Office is at pains to stress, however, that employers retain ultimate responsibility for safe recruitment practices and CRB checks and should continue to seek references as normal.

Further information can be obtained here.