Click here for a flowchart of how the process will work
Overview
From 12 October 2009, new measures were introduced to help prevent unsuitable people from undertaking paid or voluntary work with children or vulnerable adults. This is called the Vetting and Barring Scheme (VBS).
From July 2010 all new appointments who intend to work with children (those under 18) or vulnerable adults must first register with the Independent Safeguarding Authority (ISA). An individual will register using the CRB form once and will not have to register again in their career. The ISA will constantly update information held about individuals who have registered, from a variety of sources (including employers, parents ). The ISA will inform current employers if an individual becomes barred from working with children/ vulnerable adults – thereby ensuring an ongoing level of protection that the Criminal Records Bureau (“CRB”) does not provide. CRB checks are only a snapshot of an individual’s criminal record. However, the CRB will remain operational, and both schemes will function alongside each other (see below for further information).
The new scheme will affect everyone who works with children under 18 or vulnerable adults in ‘regulated’ or ‘controlled’ activity. The scheme will be phased in over the next 5 years (Please see timeline below).
What is ‘regulated activity’?
Regulated activity covers anyone working closely with children or vulnerable adults, either paid or unpaid, not part of a family or personal arrangement on a frequent, intensive or overnight basis. Frequent means once a week or more (except in health or personal care services where frequent means once a month or more); intensive means on four days or more in a single month. Overnight refers to a specified activity that is undertaken with the vulnerable group between 2am and 6am. Regulated activity can include, but is not limited to, any of the following:
- teaching, training or instruction, care or supervision of children
- teaching, training or instruction for vulnerable adults
- providing advice or guidance wholly or mainly for children, which relates to their physical, emotional or educational wellbeing
- providing advice, guidance or assistance wholly or mainly for vulnerable adults
- any form of treatment or therapy provided to children or vulnerable adults
- driving a vehicle that is being used only for the purpose of conveying children or vulnerable adults and their carers
- working in a specified place see: http://www.isa-gov.org.uk/PDF/VBS_guidance_ed1_2010.pdf
What is ‘controlled activity’?
This is an activity that gives some opportunity for contact with children or vulnerable adults or access to their records including:
- ancillary support workers in education, the NHS and adult social work where work is done frequently and provides the opportunity for contact with children or vulnerable adults e.g. cleaners, caretakers, shop workers, catering staff, car park attendants, security guards and receptionists.
- people working frequently for specified organisations, which provides them with the ability to access sensitive records e.g. local authorities exercising social care or educational functions.
'Controlled activity' is when this type of activity is 'frequent' (once a month or more) or 'intensive' (takes place on three or more days in a 30-day period).
From July 2014 all employees who carry out controlled activity will need to be ISA registered. Until then, they will need to have an enhanced CRB. Please contact your HR Assistant for a CRB form.
The Relationship between CRB check and ISA registration/Check
The ISA check will only reveal if someone is on the Barred lists. Therefore even if someone is registered with the ISA, they could still have a criminal record or have relevant non-conviction information. This means that we must continue to CRB check as we have done before. The ISA check is an additional check to make sure that an individual is not on the barred list and will only be carried out for those taking part in regulated or controlled activity. Click here for information about when a CRB is needed.
Legal
Employers’ duties and responsibilities
- From November 2010, 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 activity.
- From November 2010, it will be a criminal offence for an employer to take on a person in a regulated activity if they fail to check that person’s status.
Employees’ duties and responsibilities
- A barred individual must not take part in any regulated activity.
- From November 2010, an individual taking part in a regulated activity must be registered with the ISA.
- It will be a criminal offence for a barred person to take part in a regulated activity for any length of time.
The University’s Implementation Timeline
From July 2010
- From July 2010 those who are new to the workforce, those who are changing roles to take on regulated activity and those changing jobs whilst working in regulated activity must apply for ISA registration. Those who currently work with vulnerable groups but are staying in their current role will not have to become registered until later in the five year phasing period.
- From July 2010, individuals will apply for ISA-registration and a CRB check (including an ISA check) on one new application form.
- When a person becomes ISA-registered they will be continuously monitored and their status reassessed against any new information which may come to light.
From 2011
- Existing employees and volunteers in regulated activity with no CRB check must apply for ISA registration.
- Existing employees and volunteers in regulated activity with CRB checks will also need to apply for ISA registration, starting with staff whose CRB checks are the oldest.
Human Resources will be contacting Heads of Department in due course to confirm when individuals need to register.
Cost
£64 for both CRB enhanced disclosure and ISA registration.
Duty of Referral to the ISA
The new arrangements for Vetting and Barring do not just provide a more rigorous system for checking individuals at the time when they are being recruited. An important aspect of the new system is the element of continuous updating of the information held on someone registered with the scheme. To be effective this will be dependent on the timely notification to the ISA of information about individuals working with children or vulnerable adults where they are considered to have caused harm or pose a risk of harm, for example, at the conclusion of a disciplinary investigation into relevant misconduct, in relation to someone who works with children or vulnerable adults, or where the employer has ceased using a volunteer out of the same concerns. In these circumstances, from 12 October 2009, there is now a duty to refer that individual to the ISA. Referral guidance and a referral form are available on the ISA website.
Click here for a flowchart of how the process will work
For further information please contact your HR Assistant
Catherine Mason 2010