Last updated 20 October 2010
Safeguarding Vulnerable Groups
The Vetting and Barring Scheme
The following page provides information for those individuals or organisations who need or wish to register with the Vetting and Barring Scheme (VBS). This includes the responsibilities of potential employees or volunteers, and those of the employer or service provider.
The Safeguarding Vulnerable Groups Act 2006 was passed as a result of the inquiry into the Soham murders in 2002 where the lives of two school girls were taken by the school caretaker. This inquiry highlighted the need for a single agency to vet all individuals who want to work or volunteer with children or vulnerable adults, and bar unsuitable people from doing so.
The Independent Safeguarding Authority (ISA) was set up to fulfil this role in England, Wales and Northern Ireland.
The VBS is a product of the act. The act demands that certain activities in relation to children and vulnerable adults are regulated. This is known as 'regulated activity'.
Regulated Activity
Regulated activity is any activity which involves contact with children or vulnerable adults (paid or unpaid). This includes fostering and childcare, teaching and training, care, supervision, advice, treatment, transportation, frequent or intensive contact, overnight contact, and those people who are in certain positions of responsibility.
Controlled Activity
Controlled activities include: frequent or intensive support work in general health settings, the NHS and further education settings, support work in adult social care settings, and people working
for specified organisations with frequent access to sensitive records about children and vulnerable adults.
Employers Duties and Responsibilities
It will be a criminal offence for an employer to allow a barred person, or a person who is not yet registered with the ISA, to work for any length of time in any regulated or controlled activity.
It will also be a criminal offence for an employer to take on a person in a regulated or controlled activity if they fail to check that person's status.
Employees Duties and Responsibilities
A barred individual must not take part in any regulated or controlled activity. It will be a criminal offence for a barred person to take part in a regulated activity for any length of time.
An individual taking part in a regulated or controlled activity must be registered with the ISA.
Domestic Employment
Domestic employers (e.g. parents and carers) do not have to check that their employees are ISAregistered but the new scheme will give them the opportunity to check the status of an individual (with their consent) if they wish to do so . It will be an offence for a barred person to take part in any regulated activity in a domestic circumstance.
Making Referrals
It is important for the success of the VBS that information about individuals is shared by different organisations. The following organisations have a legal obligation to refer relevant information
about an individual to the ISA:
- adult/child protection teams in local authorities
- professional bodies and supervisory authorities named in the act
- employers and service providers of regulated and controlled activity
- personnel suppliers
All other employers of those working with children and/or vulnerable adults may refer relevant information to the ISA. Parents and private employers should go to a statutory agency who can
investigate and refer if necessary. The ISA will inform professional and regulatory bodies when it bars someone so that their professional registration can also be reviewed.
What now?
From October 2009:
- A wider definition of ‘Regulated Activity' will be produced.
- The 3 current barring lists (POVA, POCA and List 99) will be replaced by 2 new lists. These will be administered by the ISA rather than several government departments. Checks on these lists can be made as part of an Enhanced CRB Check.
- Employers, social services and professional regulators have a duty to refer to the ISA any information about individuals who may pose a risk ensuring potential threats to vulnerable groups can be identified and dealt with.
- There will be criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them on.
- The eligibility criteria for Enhanced CRB checks will be extended to include anyone working in a regulated position.
More activity will be phased in over a period of time.
Vetting and Barring Scheme Guidance
With the introduction of the Scheme, the first phase of which commenced 12 October 2009, guidance has been made available which covers the changes that commence from this date.
These changes are:
It is now a criminal offence for individuals barred by the ISA to work or apply to work with children or vulnerable adults in a wide range of posts - including most NHS jobs, Prison Service, education and childcare. Employers also face criminal sanctions for knowingly employing a barred individual across a wider range of work.
The three former barred lists (POCA, POVA and List 99) are being replaced by two new ISA-barred lists;
Employers, local authorities, professional regulators and other bodies have a duty to refer to the ISA, information about individuals working with children or vulnerable adults where they consider them to have caused harm or pose a risk of harm.
New employees and those changing jobs in regulated activity do not need to start applying for ISA-registration until July 2010 and ISA-registration does not become mandatory for these workers until November 2010. All other staff will be phased into the scheme from 2011. Further information on how to apply for registration will be provided in due course.
The guidance is available from here and covers those working or volunteering in England, Wales (a Welsh language edition is to be made available shortly) and Northern Ireland. Those working in Scotland are subject to a seperate, parallel scheme which is being developed by the Scottish government.
In the meantime, if you'd like to check on the next steps yourself, you can visit the ISA website at www.isa-gov.org.uk for details.
Safeguarding training will be available through various organisations in the coming months. Humber Learning Consortium are planning to run an event in February 2010 aimed at learning providers. For further details email office@hlc-vol.org
Vetting and barring myth buster
When you won't have to register with the Independent Safeguarding Authority ISA: Personal and family arrangements and other exemptions from the new Vetting and Barring Scheme.
Some people felt confused by media coverage in Autumn 2009 about when the Vetting and Barring Scheme will require people to register with the Independent Safeguarding Authority (ISA). The DCSF (Department for Children, Schools and Families) want to set the record straight. Also, they announced new exemptions on 14 December 2009.
You will also see examples of when the Scheme will not require you to ISA-register and some frequently asked questions.
