1. Connie Smith, University of Edinburgh
Policy Developments in child protection in organisations: An Insight into Devolution
Date 4 March 2011
Venue University of Edinburgh
School of Education
Connie Smith, University of Edinburgh
The University of Edinburgh/NSPCC Centre for UK-wide Learning in Child Protection (CLiCP)
NSPCC registered charity numbers and SCO37717

2. CLiCP Keeping children safe in public space
Conduct research and provide analysis and commentary on child protection policy and developments across the UK
Keeping children safe in public space
Developments post devolution

3. Overview
Vetting and Barring as a case to study – are devolved areas different?
Divergences within policy but overall one direction of travel
Policy changes post-devolution
Broader context
Policy convergence and divergence

4. Fundamentals of Barring Systems
Offence to
employ
work
Employers
refer
Unsuitable
List
Systems fundamentally the same -
Centred around a List – that hold the names of those deemed though the system as unsuitable to work with children – covers both paid and voluntary posts – that come under the definition
One aim was to close down where people could move from job to job where there had been allegations but nothing concrete done and not result in criminal offence
All systems have some duties on employers to refer individuals they have dismissed because they were danger to a child
It became and offence for those on a barred List to work with children
An offence for organisations covered by the legislation to knowingly employ someone on a barred List in a position with children
Employers can access criminal records checks for the relevant posts and these will reveal if an individuals is barred
© Connie Smith 2009

5. Vetting Criminal history information – Enhanced Disclosures
Criminal records/cautions
Police intelligence
Barred from working with children

6. Policy drivers UK Revelations/inquiries into abuse in organisations
Major events – Dunblane; Soham
Predatory paedophile – Sarah Payne

7. Policy Internationalisation Crime and justice Risk and regulation
Public protection
Management of (sex) offenders

8. Possibilities of devolution
Divergence in policy
Enablers of divergence
Legislative/policy powers
Block grant
Shift from old to new interests

9. Constraints on divergence
Promotion of policy convergence
Common agreements on criminal justice
Shared economic and social problems and politics
Public views
Policy capacity
Policy spillover
England

10. Key Developments in Barring
England and Wales
Protection of Children
Act 1999
Safeguarding Vulnerable
Groups Act 2006
Protection of Freedom
Bill (introduced 2011)
Northern Ireland
Safeguarding Vulnerable Groups (NI Order) 2007
Protection of Children &
Vulnerable Adults (NI)
Order 2003
Protection of Freedom
Bill (introduced 2011)
Scotland
Protection of Vulnerable Groups (Scotland) Act 2007
Protection of Children
(Scotland) Act 2003

11. Developments in Vetting and Barring
5 key stages
Clarification/centralising of criminal history information
Statutory arrangements for barring from work with children
Reform of the barring in England, Wales and NI
Membership scheme for posts with children
All jurisdictions of the UK
Remodelling in England, Wales and Northern Ireland

12. Divergence and reconvergence
Barring Lists
Single list in Scotland
England, Wales and Northern Ireland – in addition to existing Lists and then became single Lists
Post covered
Scotland broad definition
England, Wales and NI posts in certain orgs – then all orgs

13. Convergence Membership Expansion to wider range posts
Increasing compulsion

14. Coherence Intention Architecture Direction Dominant agenda: Risk
Preventive governance
Public protection

15. Divergence Post 2010 Remodelling Retained Reduce posts covered
Reduce risk aversion
Employer responsibilities
Retained
Vetting and barring

16. Conclusions One direction of macro policy
Divergence in details in policy
“degree and scope rather than radically different conceptions” (Keating, 2005)

17. Single Policy Direction