The Vetting and Barring Scheme Update

The Government has recently called a holt on the the Vetting & Barring Scheme, which may leave you wondering what is happening.

On 12 October 2009, new measures were introduced to help prevent unsuitable people undertaking paid or volunteer work with children or vulnerable adults.  The Vetting and Barring Scheme (VBS) and the Independent Safeguarding Authority (ISA) were set up to help implement these measures. 

The ISA is responsible for making decisions over who should be barred from working with vulnerable people and for maintaining two new barred lists (covering England, Wales and Northern Ireland) for children and vulnerable adults.  The three old barred lists (POCA, POVA and List 99 (and equivalent NI lists) have been phased out and replaced by the two ISA lists. 

Next phase of scheme halted

From 26 July 2010, the first phase of ISA registration was due to begin.  All new employees and volunteers wanting to work with children or vulnerable adults, and those moving jobs, would have been required to register with the ISA.  This would have covered staff in the education and health services sectors as well as many volunteer and charity groups.

However, a government announcement on 15th June 2010 has put a hold on this phase of ISA-registration, together with the whole Vetting and Barring Scheme as it currently stands. The government have stated that a full review will follow so that the scheme can be “remodelled back to proportionate, common sense levels".  It is therefore likely to be replaced by a substantially scaled-down version.  To date, there has been no announcement from the Scottish Parliament about their equivalent scheme.

Safeguarding regulations still apply

The ISA will continue to make decisions about barring inappropriate people from jobs by continuing to maintain the lists of people barred from working with children and vulnerable adults. Although the Scheme is halted whilst the Government undertakes its review, new safeguarding regulations introduced in October 2009 will continue to apply. This means that: 

• A person who is barred from working with children or vulnerable adults will be breaking the law if they work or volunteer, or try to work or volunteer with these groups;
• An organisation which knowingly employs someone who is barred to work with these groups will also be breaking the law;
• An organisation working with children or vulnerable adults which dismisses a member of staff or a volunteer because they have harmed a child or vulnerable adult, or would have done so if they had not left, must inform the ISA.

Pre-recruitment checks

In October 2009, the right to ask for an enhanced Criminal Records Bureau (CRB) disclosure was extended to all those who employ or use volunteers in types of activity called ‘Regulated Activity’. This right remains and employers should continue to carry out appropriate pre-recruitment checks, including CRB checks where appropriate or required by law.

Further information

Further information relating to the scaling back of the Vetting and Barring Scheme will follow in subsequent editions of Essential News.