1. Health and Social Care Vetting and Barring Scheme (VBS) Review of the Scheme

2. Aims and Objectives  This session will look at the review of the Vetting and Barring Scheme (VBS)  By the end of the session you will have a basic awareness of:  The proposed changes  When they will occur

3. Introduction  The VBS was created to help safeguard children and vulnerable adults following the Bichard Inquiry  It was designed to check the records of those who wanted to work with vulnerable groups

4. Introduction (continued)  People who wanted to work or volunteer with children or vulnerable adults would have to undergo a process before starting work  Any information held on them would be assessed  If they were assessed to pose a risk of harm to vulnerable groups they would be barred from working or volunteering with these groups

5. Political Background  In its ‘Programme for Government’ the Coalition committed to reviewing the Vetting and Barring Scheme (VBS) to scale it back to ‘common sense levels’  There was a perception and fear that the VBS went ‘too far’  It would have required 9.3 million people to register and be monitored

6. Political Background  The government considered this moved the responsibility for ensuring safe recruitment too much away from the employer and towards the state  It also considered this would be counter- productive (deterring well-meaning adults from working with and improving the lives of children and vulnerable adults)

7. Political Background  A decision was made that the system was a ‘disproportionate response’ to the risk posed by a minority of people who wished to commit harm to vulnerable people  People should not be viewed as suspects simply because they wanted to work with children or vulnerable adults  In June 2010 Ministers announced that the planned implementation of the VBS was to be halted pending a review

8. Outcome of the Review 1.Employers have a critical role to play in ensuring safe recruiting practices but this should be supported by a proportionate central barring scheme 2.The scheme should retain the best features of the VBS 3.It should only cover those who may have regular or close contact with vulnerable groups (defined as ‘regulated activity’ in legislation)

9. Outcome of the Review  People who do not work in regulated activity but work (paid or unpaid) with vulnerable people:  Their employers can (but will not be required to) obtain criminal records checks

10. Proposed Merging of CRB and ISA  The review has proposed that the Criminal Records Bureau and the Independent Safeguarding Authority are merged and a single new non departmental public body or agency created  Powers needed to put this new scheme in place were contained in the Protection of Freedoms Bill (presented to Parliament February 2011)

11. How the Review was Undertaken  The Home Office, Department for Education and Department of Health jointly examined fundamental policies and principles which underlay pre-employment checking and the barring regime  They gathered information from organisations, agencies and other bodies  Emerging themes were recommended which form the basis of the review report

12. Links to the Protection of Freedoms Bill  In terms of safeguarding the bill includes the following provision:  Reform of the vetting and barring scheme and criminal records regime – introducing legislative provisions to implement the outcome of the reviews of the vetting and barring scheme and the criminal records regime

13. Links with CRB Review  In parallel with the review of the VBS a separate but associated review of the criminal records system took place  The first phase of the review focused on issues concerning pre-employment vetting systems and the role of the Criminal Records Bureau (CRB) (information it should be disclosing and to whom)

14. Safeguarding System  An announcement to Parliament in June 2010 stopped further development of the Vetting and Barring Scheme  It did not however remove the framework of the Scheme and the new duties introduced in October 2009 remain in place

15. Provisions Remaining in Place 1.An offence for a barred individual to work or volunteer with children or vulnerable adults, or to seek to do so 2.An offence for employers knowingly to employ barred individuals in roles with children and vulnerable adults 3.Employers are under a legal duty to refer individuals they believe to pose a risk of harm to the ISA

16. Provisions Remaining in Place 1.The establishment of the ISA and the introduction of independent decision making (previously Ministers had been accountable for all barring decisions) 2.Completion of decision making on inherited barred lists (where individuals barred under previous regimes had their cases reassessed and, where appropriate, were barred by the ISA)

17. Referrals  Since October 2009 employers have been required to make referrals to the ISA about individuals they believe to pose a risk of harm to vulnerable groups  If (following consideration of all held information) the ISA considers a bar to be appropriate, it invites representations from the individual (and will take these into account in reaching its final decision)

18. The New Scheme  The new scheme will: 1.Retain the most appropriate elements of the VBS 2.Only cover those who may have regular or close contact with children or vulnerable adults 3.Allow employers access to criminal records checks about those they wish to employ and who will work with vulnerable groups

19. New Scheme Recommendations  A state body will continue to provide a barring function  To protect those at most risk from those who may seek to do them harm  To guard against the small minority of people who present a genuine and on-going risk of harm to vulnerable groups

20. Regulated Activities  The review has concluded that regulated activities should be re-defined  Regulated activities will be those providing the highest levels of risk arising from the nature of the post and access to vulnerable people  The previous concept of ‘controlled activity’ will be abandoned

21. Regulated Activities  The bar will only apply to people in regulated activity covered by the new system  Anyone barred from working as a school teacher (a role providing regular/close contact with children) would continue to be barred under these proposals  A bar would not apply to those not working in regulated activity but working with vulnerable people (e.g. paediatric clinic receptionist, Sunday School helper)

22. Registration and Monitoring  Registration will not be required for people not working in regulated activity  For those not covered by the newly defined regulated activity (but still working with vulnerable groups) an employer will have the discretion to ask a person to apply for an enhanced criminal records disclosure (but they will be unable to check a person’s barred status and a bar would not be applicable to these roles)

23. Criminal Records Check  Where a criminal records check is required for a person working in regulated activities only serious criminality information will trigger a referral to the ISA  Criminal records information will continue to be available to those who employ people who work with vulnerable groups but not in regulated activity

24. Offences  The SVGA created a number of offences  Proposed change:  Instead of an offence for not carrying out checks, employers and voluntary organisations will instead be given a duty to check whether new recruits are barred before employing them

25. Offences  The new system will retain two offences: 1.It will continue to be an offence for a barred person to work with vulnerable groups in regulated activity 2.It will also be an offence for an employer or voluntary organisation knowingly to employ a barred person in regulated activity

26. Transition to the New Scheme  The Protection of Freedoms Act became law on 1 May 2012  On commencement of the relevant parts of the Protection of Freedoms Act the CRB and ISA will merge  The change to continuous updating will take place during 2012 (there is a timetable)

27. Protection of Freedoms Act 2012  Repeals the provisions for registration (including updating of information) with the scheme under section 24 of the Safeguarding Vulnerable Groups Act 2006  Maintains the barring provisions, but with more limited scope (by redefining ‘regulated activity’)  Restrict bars to those working, or seeking to work, in regulated activity, whether in paid employment or as a volunteer

28. Protection of Freedoms Act 2012  Provides a duty for employers to check on barred status for those working in regulated activity  Repeals the category of ‘controlled activities’  Repeals offences in relation to a duty to register with the VBS under the Safeguarding Vulnerable Groups Act 2006

29. Timetable  1 May 2012 - Royal Assent granted  Nov 2012 - Commencement of the relevant provisions in the Bill  Nov 2012 - Creation of new barring regime  Nov 2012 - Introduction of continuous criminal records updating  2013 - New disclosure and vetting service begins work

30. References and Further Information  Vetting and Barring Scheme Remodelling Review – Report and Recommendations (February 2011) available at  http://www.homeoffice.gov.uk/publications/crim e/vbs-report?view=Binary  Protection of Freedoms Act 2012 available at:  http://www.legislation.gov.uk/ukpga/2012/9/con tents/enacted