VETTING AND BARRING SCHEME ROAD SHOW 1

PROGRAM 1.Introduction to the scheme – context, scope and process 2.How it applies in practice – some exercises 3.Refreshments break 4.Roles, Decisions and Appeals 5.Sanctions and where to get help 6.Concluding remarks and questions 7.Action planning – what to do next 2

CONTEXT Bichard Inquiry commissioned in 2002 to examine ways employers recruit people to work with children and vulnerable adults The Inquiry led to the Safeguarding Vulnerable Groups Act 2006 The Independent Safeguarding Authority (ISA) along with the CRB was created to fulfil this role across England, Wales and Northern Ireland. The Vetting and Barring Scheme (VBS) was set up to provide a register of individuals eligible to work with children and vulnerable adults Those who have caused or are at risk of causing harm to children and vulnerable adults will be barred from working with them by the ISA Replaces List 99, POCA and POVA lists with the Children’s Barred List and Vulnerable Adult’s Barred list 3

WHO IS COVERED? Children and young people under 18 years of age Any vulnerable adult- aged 18 or over: – In residential care or support accommodation; – Receiving domiciliary care in own home or health care, – Detained in lawful custody (Prison, remand centre etc) – Under supervision of the probation service – In receipt of a welfare service – In receipt of service or participating in an activity for people with needs due to age or disability – Who is an expectant or nursing mother living in care – receiving direct payments from a local authority or health or social care trust 4

WHO IS AFFECTED? All faith bodies and faith-based organisations in England and Wales including: – Christian Denominations – independent churches; and – Christian based organisations Individual employees or volunteers working with children and/or vulnerable adults in regulated/controlled activities 5

WHAT THIS MEANS FOR YOUR CHURCH All faith-based organisations in England and Wales including churches and Christian organisations must comply with the SVG Act 2006 and VBS Individual employees or volunteers working with children and/or vulnerable adults in regulated activities must be registered with the VBS in order to work Work involving frequent contact with children or vulnerable adults is classified as regulated activity by the ISA and is covered by VBS registration Individuals on either the Children’s or Vulnerable Adults barred lists are barred from working in regulated activities and must not be employed or allowed to volunteer to undertake such activities An Enhanced CRB check is still required along with ISA registration for anyone working in regulated activity or intending to do so There are sanctions for not complying with the requirements of the VBS 6

WHAT IS REGULATED ACTIVITY? Activity of a specified nature involving contact with children or vulnerable adults frequently (i.e. once a week or more), intensively and/or overnight (i.e. 4 times in a 30 day period) or Activity that allows contact with children or vulnerable adults frequently or intensively in a specified place 7

EXAMPLES OF REGULATED ACTIVITY Moderating an online chat room Driving a vehicle for the purpose of conveying children or vulnerable adults Teaching a children’s Sunday school or children’s service Official pastoral/befriending visits (on behalf of church) to children or vulnerable adults in their own home or in hospital, care home, prison or remand centre Leading children and/or vulnerable adults on a day trip organised by the church Providing advice or guidance to children or vulnerable adults as part of a church organised activity Running a day care facility for children or vulnerable adults Supervising sporting activities for children or vulnerable adults Providing teaching, training or instruction to children or vulnerable adults 8

WHAT ISN’T REGULATED ACTIVITY? Activities carried out in the course of family or personal relationships such as: Looking after an elderly relative or friend’s child Personal visits to a child’s ward or a vulnerable adult in a care home Driving a group of children home where this has been agreed between their parents 9

WHO IS A REGULATED ACTIVITY PROVIDER (RAP)? An organisation or individual responsible for management or control of regulated activity and An employer or those within a voluntary organisation who recruit and manage volunteers or paid staff 10

VETTING AND BARRING SCHEME (VBS) The VBS aims to ensure that anyone who presents a known risk to vulnerable groups is prevented from working with them VBS is a partnership of the Independent Safeguarding Authority (ISA), Criminal Records Bureau (CRB) and Access Northern Ireland. The ISA is responsible for decision making and maintenance of two new barred lists for England and Wales and Northern Ireland The CRB is responsible for the application and monitoring elements of the VBS and will run it alongside CRB checks 11

WHAT VBS INVOLVES Creates 2 new Lists for those barred from working with children and vulnerable adults – Children’s Barred List and Vulnerable Adults’ Barred list from existing lists Provides a register of individuals allowed to work with vulnerable groups Duty to refer someone who has been removed from employment for allegedly causing harm or who poses a risk of harm to vulnerable groups Provides a robust investigation, risk assessment and appeals process Ensures portability of registration from one employer to the other Operates alongside CRB checks 12

CHURCH ROLES COVERED BY VBS REGISTRATION Clergy/Ministers in active service – whether paid or voluntary Youth and children’s workers/ youth pastors, family workers - paid or voluntary who work with children and young people Lay volunteers and employees – who either regularly work with children or vulnerable adults, or those who work in schools, hospitals or prisons. Those who appoint, manage, train or supervise those who do the above work 13

EXEMPTIONS FROM VBS REGISTRATION Under 16s in employment settings 16/17 year olds in mixed age sport and leisure 16/17 year olds in Further/Higher Education Under 16s when they are undertaking regulated activity but never solely responsible for children or vulnerable adults Peer group exemption – within groups with a fixed membership, including mixed ages. 14

ORGANISATIONS IMPLEMENTING VBS Independent Safeguarding Authority (ISA) Criminal Records Bureau (CRB) Home Office (HO) Dept for Children, Schools and Families (DCSF) Department of Health (DoH) The Welsh Assembly Government 15

KEY DATES Starting from 12 October 2009 – Duty to refer to ISA and only ENHANCED CRB checks available 26 July new entrants to work with vulnerable groups can register with the ISA 1 November new entrants must register with the ISA before starting work 1 April existing workers start to ISA-register 1 January 2014 – Date from which those working in controlled activity should apply for ISA registration 16

GROUP WORK: TASK Discuss in 3s or 4s the examples given and decide whether they should be: A.CRB checked B.ISA registered C.CRB checked and ISA registered D.None of the above Record your decisions on the sheets provided 17

GROUP WORK: EXAMPLES Example 1 - A church caretaker has responsibility for ensuring the security of the church grounds. The caretaker welcomes people as they enter the church and has responsibility for checking the toilets and communal areas, where they can meet children unsupervised. Do they need to ISA register? Example 2 – A church has an agreement whereby they hire out the church hall for one evening a week to an unaffiliated local group that organises dance classes for children. Is it the Church committee’s responsibility to ensure the organisers of the dance class are ISA registered? Example 3 - Once every six weeks, the church organises a children’s trip to a local swimming pool and asks parents to transport the children. Do the volunteers driving the children need to ISA register? Example 4 - A church organises a mixed age choir: the choir consists of boys and girls under the age of 18 as well as other members of the church congregation. Does every adult in the choir need to ISA register? 18

VETTING & BARRING PROCESS 19

ISA REGISTRATION PROCESS Similar process to current procedure for applying for a CRB disclosure. Submit a suitably verified application form to the Registered Body (e.g. CAS / the diocese/ CCPAS) Registered Body processes and sends form to CRB CRB sends acknowledgement and registration number within 7 working days of receipt of application to applicant if no barring information found 20

HANDLING PROCESS CRB packages all known information on the applicant and sends to ISA ISA scrutinises information plus information from previous employers If barring decision is made, ISA will inform ‘those who have registered an interest’ and applicant in writing Registered Body will inform applicant and church of barring decision Church/organisation must stop applicant from working in regulated activity and from maintaining contact with children/young people or vulnerable adults Applicant should be offered support and advice including right to appeal 21

COST OF ISA REGISTRATION ISA registration only = £64 ISA registration and enhanced CRB check = £64 CRB disclosure checks free for volunteers ISA registration number is portable and the individual can use it in any subsequent paid or voluntary roles An ‘Enhanced’ CRB disclosure is issued when an individual initially registers with ISA 22

Refreshments Break 15 minutes 23

WHAT HAPPENS AFTER REGISTRATION Once an individual has been registered and appointed the Registered Activity Provider (RAP) i.e. the employer or Registered Body will: – carry out a free, online check of their registration status – Register an interest in the individual in order to receive status change updates – The umbrella/registered body will inform church and individual if registration status changes – Where someone no longer works for the church the RAP will need to unsubscribe interest in that individual. 24

DECISIONS TO BAR The structured judgement process is run by ISA and by their highly trained case work staff according to a series of criteria and thresholds based on the information concerning relevant conduct including: Convictions and cautions Police information Regulators information - referrals Employers information - referrals Other information – referrals (these are listed in order of credibility, but are all part of an essential jigsaw puzzle) 25

MAKING REPRESENTATIONS An individual included on either or both ISA barred lists has a right to make representations Representations can only be made on the grounds of an ISA error, point of law or fact The tribunal will direct ISA to review the case if it finds there has been a mistake on a point of law or fact Individual will be removed from the relevant barred list until ISA has made a new decision If ISA decision is positive the individual will be reinstated or they will remain barred if negative 26

REVIEW OF BARRING DECISION A barred individual can ask for a review of their case ISA must be satisfied that the individual’s circumstances have changed to warrant review Minimum periods for review are: – 1 year for those aged under 18 when barred – 5 years for those aged when barred – 10 years for those aged 25 or over when barred 27

OBLIGATIONS AND SANCTIONS From 12 October 2009 Individual - Imprisonment or fine for engaging in a regulated or controlled activity while barred Employer - Up to 5 years imprisonment or £5,000 fine (or both) for knowingly allowing a barred person to engage in regulated activity Employer - Duty to refer an individual in employment (or who has left while being investigated) to the ISA for consideration for barring if they believe that relevant conduct has occurred – i.e. an individual has harmed or poses a risk of harm to a child or vulnerable adult (this may include persistent negligence or recklessness over safeguarding procedures). Referral forms can be downloaded from the ISA website gov.org.uk There are different forms for the adult list and children’s listwww.isa- gov.org.uk N.B. 28

REFERRALS AND WHERE TO GET HELP Where you/ a local church/ voluntary organisation believe that relevant conduct has occurred: – There should be a disciplinary process (where the person resigns, information should still be gathered and referral is still made) – Who will help? Your safeguarding adviser or Registered Body – The Officer dealing with Allegations for the Local Safeguarding Children’s Board; in England called the Local Authority Designated Officer (LADO) 29

SAFER RECRUITMENT POLICY A ‘Safer Recruitment’ Policy is an essential part of safeguarding, therefore your policy must ensure: – Application forms include a ‘self-declaration’ section for convictions/cautions – Appropriate references are sought – Candidates are interviewed effectively to determine attitude and disposition to safeguarding vulnerable groups – Satisfactory probationary period and effective supervision, training and development 30

QUESTIONS & ANSWERS & ACTION PLANNING 31

VETTING AND BARRING SCHEME ROAD SHOW 32