Working with Children

Following a Government disclosure that it had cleared 88 sex offenders to work in schools, it promised speedy action to tighten the law.

Legislatively, the result was the Safeguarding Vulnerable Groups Act 2006. This establishes an Independent Safeguarding Authority (ISA), removing direct responsibility from the Government. The ISA will set up and maintain two new lists of names called the 'Children's Barred List' and the 'Adults Barred List', which will replace the current List 99, the Protection of Children Act List (POCA) and the Protection of Vulnerable Adults List (POVA). 'Regulated Activity Providers' will commit an offence if they employ a person without making checks with the ISA and persons on the list will commit an offence if they engage or seek to engage in 'regulated activity'.

When the new system is in operation, it will not always be necessary to do a CRB (Criminal Record Bureau) check as well as an ISA check. However, the ISA does not replace the CRB and a CRB check will still be needed where required by law, for example by education staffing regulations and for care workers under the Care Standards Act. Anyone concerned about their legal position would be well advised to take expert advice.   

The improvements of the new scheme are:

• The integration of lists – POCA, POVA, List 99 and Disqualification Orders.
• Pre-employment vetting.
• Consistent decisions by experts.
• Continuous updating.
• Wider workforce coverage.
• Reduction in cost and delay of repeat checks.
• Empowering parents, carers and individuals to check the status
  of a potential employee.

The Act defines categories of activities for which there are levels of checks required:

Regulated Activity

e.g. any activity which involves contact with children or vulnerable adults, teaching, training care supervision advice, treatment or transport which is carried out frequently, intensively and/or overnight.

• Any activity allowing contact with children or vulnerable adults in a specified place e.g. schools, care homes etc, frequently or intensively.
• Fostering and childcare.
• Certain defined positions of responsibility

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. Local Authorities, with frequent access to sensitive records about children and vulnerable adults.

There is a checklist below of the requirements of the various activities:

 The Government announced in April 2008 that the new system will start some time in October 2009. At the end of May, this was followed up by a 54-page document with further details of how the new scheme will work and confirmation of the start date as October 2009. This document also says that the ISA application fee for those in paid employment will be £64.

As reported in the last edition of ESsential News, it is worth noting that, separately from any of the above, a controversial private initiative known as the National Staff Dismissal Register is currently being set up. This is a collaborative 'Web2' application intended to enable qualifying applicants to share details of individuals who have been dismissed or left a Company whilst under suspicion of certain types of criminal activity (essentially theft or fraud).