SAFEGUARDING AND FAMILY LEARNING WCVA CRIMINAL RECORDS UNIT Feb 12 Wales Council for Voluntary Action  

BASELINES Whose bureaucracy – yours or someone else’s? What do you do currently? Why do you want to use CRBs? Do you believe that all parents should be CRB checked? Or are you told all parents should be CRB checked? 2

TENSIONS NOS DfES guidance 07 Is a CRB Disclosure necessary for everyone that visits or works in a school or FE college? It is not necessary to obtain a CRB Disclosure for visitors who will only have contact with children on an ad hoc or irregular basis for short periods of time, or secondary pupils undertaking voluntary work or work experience in other schools. 3 Provide accessible environments for Family Learning This standard is about providing an appropriate environment in which adults and children feel safe to explore feelings, and which encourages the development of their self- esteem and resilience

LEGISLATION Safeguarding Vulnerable Groups Act Rehab of Offenders Act Protection of Freedoms Bill Others e.g. Police Act, Criminal Justice & Court Services Act ISA - Independent Safeguarding Authority regulated activity/controlled activity VBS - Vetting Barring Scheme ISA registration 4

SVG ACT 2006 Legal framework  ISA - Independent Safeguarding Authority  regulated activity/controlled activity  VBS - Vetting Barring Scheme  ISA registration PLANNED ISA VBS PHASED IMPLEMENTATION ISA VBS Oct 09  ISA ADULTS FIRST CHECK replaced POVA First check  Enhanced CRB checks – Eligibility extended to all regulated activity  ISA barred lists replaced POCA, POVA and List 99 on ED  Standard checks no longer available for work with vulnerable groups  Criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them on. 5

TO DATE  Oct 09 VBS ARRANGEMENTS REMAIN IN PLACE –New joint application form for ISA-registration and/or CRB check –Introduced CRB check eligibility as regulated activity or exceptions to ROA –Referrals to ISA –Offences for barred people in regulated activity  VBS REMODELLING: 14 Recommendations  REVIEW OF CRIMINAL RECORDS: 10 Recommendations  PROTECTION OF FREEDOMS BILL 6

PoF BILL subject to enactment  Changes scope of regulated activity (including abolishing controlled activity)  Abolishes ISA registration  Introduces CRSC Criminal Records Status Check- updating certificates for portability  Introduces reactive notification system for barring status  Restricts information provided to employers  Imposes a duty to check barred status  Creates Disclosure & Barring Service – combined functions of ISA & CRB 7

8 PoF: Change to regulated activity  Involves close contact with vulnerable groups  Is defined according to whether it is a volunteer or paid role  Is defined according to the vulnerable group  Still considers specified settings, specified activities and a concept of regularity/frequency but with changes  Consider concept of supervision

9 PoF: CHILDREN - Regulated activity  ALL unsupervised teaching, training or instruction  Paid supervised and unsupervised personal care or health care  Paid supervised teaching, training or instruction in a specified place – school, children’s centre, child care setting, children’s hospital  Paid supervised provision of care or supervision of children in a specified place

10 PoF: CHILDREN – Non Regulated activity  ANY supervised volunteer work in a specified setting  ALL supervised teaching, training or instruction outside a specified setting  ALL supervised provision of care or supervision of children outside a specified setting  Most office holder positions e.g. school governors Supervision – to be defined in statutory guidance

You MUST check someone is NOT barred BEFORE taking them on in regulated activity You can do this one of 3 ways: Get an Enhanced Disclosure including barring status Use a new application system (tbc) to find if barred – reactive notification system Use a new application system Criminal Records Status Check (CRSC) to find if any new information has been added since last issue of ED – continuous updating DUTY TO CHECK - Regulated activity

 CRB DISCLOSURE  Enhanced criminal records certificate as ‘higher level?’  Shows if barred on either of the ISA Lists  Soft information – subject phase 2 reviews  REACTIVE NOTIFICATION SYSTEM  RAP etc. told, upon request, whether a particular individual is barred  Register an interest in staff engaged in regulated activity  Receive notification should an individual become barred from regulated activity  CONTINUOUS UPDATING – CRSC (portability)  Applicant or registered person can subscribe to receive updates  Subscribe to the updating service at the time an application for a certificate is submitted  CRB updating as no new information or a new certificate should be applied for

Contact with vulnerable groups  eligibility for criminal records information – best practice  get an Enhanced Disclosure excluding barring status ‘lower level’?  continuous updating No contact and/or other exempted positions  eligibility for criminal records information  Basics or Standard levels  continuous updating Non- Regulated activity

Watch points CRB DISCLOSURE  CRB Charges; Applicant only copy REACTIVE NOTIFICATION SYSTEM  Application fee plus Registration fee CRSC CONTINUOUS UPDATING  Application fee plus annual subscription renewal fee Feb 2011: Introduction of the Protection of Freedoms Bill May 2012: Royal Assent for the Bill, subject to the will of Parliament 2012: Commencement of the relevant provisions in the Bill 2012: Creation of new barring regime 2012: Introduction of continuous criminal records updating 2013: New disclosure and vetting service begins work

NEED HELP?.....from CRU    WCVA CRU Morfa Hall Bath Street RHYL LL18 3EB