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The Vetting & Barring Scheme

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Presentation on theme: "The Vetting & Barring Scheme"— Presentation transcript:

1 The Vetting & Barring Scheme
Penny Constantinou Colwyn Griffiths Safe Staffing team June 2009 Welcome to presentation on VBS Safe staffing is new name for CRB team as now covers:- CRB inputting, advice, rechecks, HCC and external organisations Single central record Asylum and immigration VBS Safe staffing policies Hope to cover why the scheme is being introduced, who it applies to, how and when it will be introduced,and what HCC is doing to ensure it is implemented as smoothly as possible Pls can I ask that you leave any questions to the end

2 Highlights Core purpose: to prevent unsuitable people from working with children and vulnerable adults Independent Safeguarding Authority (ISA) will play a major part in reforming current vetting and barring practices by barring individuals who pose a risk to vulnerable groups Employers by registering an interest will be updated Result of Bichard recommendation 19 set up register people be on it if there is no ‘known’ reason why they should not work vulnerable groups and employers can be updated if they do pose a risk Scheme is independent from government-panel of about 250 experts who make decisions on suitability-go onto ISA website to see decision making process guidance What has never been done before is by registering an interest through Safe staffing team, if there is fresh information on someone and they become barred, we will be immediately updated-not just conviction could also be other relevant information, referrals etc

3 Key VBS Features Register of people
No known reason they should not work with children or vulnerable adults (still may have criminal conviction) Continuous updating of barred status (ISA not CRB) remember offenders commit often many times before they are arrested. Two lists-children and vulnerable adults Independent decision making No known reason-still may have criminal history and other relevant information therefore still need CRB check e.g.. driver recent drink driving may not be suitable to drive children around Employers retain their responsibilities for ensuring safe recruitment and employment practices-e.g..... references, asking questions around suitability to work with children at interview –NCSL training, Limitations-step in the right direction but Remember updating is of ISA not CRB hence need for CRB’s and rechecks, but also CRB may have prevented over 60,000 unsuitable people from working but still only a snap shot in time hence importance of all pre-employment checks and ongoing awareness once employed 2 lists-so if you get someone coming to you in the future who has worked just with adults and only been registered as such we will need to ensure he/she is also checked to work with children-if tick both only register once for lifr

4 Timescales Now until October 2009
From 31 March 2008, ISA was advising the Secretaries of State on referrals to the current barring schemes From 20 January 2009 (following secondary legislation), ISA now takes the decisions on new referrals to the current barring schemes – business as usual, except referrals go to ISA, not DCSF & DH (teacher misconduct to GTC)

5 Implications for schools
Provisional listings cease (extra care in recruiting) The "duty to provide information on request“ is activated-if you use HR advice the HR manager will do this for you

6 From Oct 09 Full "duty to refer" under the SVG Act will be implemented, and the List 99, POCA and POVA legislation will be repealed 2 new barred lists Replacement for List 99 until Nov 2010 No more standard checks More ‘regulated’ positions e.g. Contactors/volunteers/host families New Criminal offences-for barred individuals to seek or undertake work and for employers to engage barred individuals TP online replace List 99 due to our pressure No more standard checks for those working with children and vulnerable adults will still be other standard checks Only way until registration the following year to see if someone is on a barred list which is a legal requirement will be to ensure they have an enhanced CRB check New areas for schools to consider will be contractors coming on site as now there will no such thing as ‘supervised contact’ therefore if meet eligibility criteria will CRB check can use HCC umbrella body we will be working with our contractors to ensure they have CRB checks

7 From July 2010 Registration commences 5 year roll out
Applications processed by Safe Staffing team New entrants to workforce and those changing jobs in ‘regulated’ activity Controlled activity at the end of the scheme 5 year roll out as learned from previous experience of introducing CRB Registration will be new entrants first , then those who have never had check (can be quite a few teachers in school in this category moving towards those with most recent check HCC project group will inform you when your existing staff need to register on the scheme Explain regulated and controlled in a moment Applications will be using an adapted CRB form show you the process in a moment

8 How the application process will work
As a school, you will get the applicant to fill in a Form similar to CRB application form, and important you see the correct and original ID, return it to our team who will check it, input it on the system and forward it to CRB in Liverpool who will check PNC and other information such as referrals etc and forward onto ISA if necessary. If registered i.e. not barred we will be informed quite quickly being told less than one week,current indications are best practice will be to wait for full CRB still. If barred we will be told If someone is not on the scheme either means barred or not registered yet

9 What is regulated activity?
Involves contact with children or vulnerable adults and is: of a specified nature (e.g.. teaching, training, care, supervision, advice, treatment or transport) on a frequent*, intensive* and/or overnight basis. or in a specified place (e.g.. schools, care homes, Young Offenders’ Institutions, etc), frequently* or intensively*. fostering and childcare or a defined position of responsibility (e.g.. school governor, director of social services, trustees of certain charities). *Frequent – 1 occasion a month or more. Intensive – 3 or more occasions in any 30 day period or overnight

10 What regulated activity means
Duties and responsibilities under regulated activity, where an organisation is providing the activity: A barred individual must not undertake regulated activity. To undertake regulated activity an individual must be ISA- registered. An employer must not engage in regulated activity a barred person or a person who is not ISA-registered. An employer must check that a prospective employee who is in regulated activity is ISA-registered.

11 Controlled activity Ancillary support workers in NHS and FE settings (e.g.. cleaner, caretaker, catering staff, receptionist) with frequent or intensive contact with children or vulnerable adults. Those working for specified organisations (e.g. a Local Authority) with frequent access to sensitive records about children. It will be mandatory to check the ISA registration status of individuals in controlled activity. A barred person can be employed in controlled activity, providing safeguards have been put in place. Schools need not be too concerned with this more FYI

12 Will this replace the CRB?
No – the ISA Scheme is a mandatory addition to current safeguarding systems, not a replacement. Statutory requirements for CRB checks in certain sectors will remain. The ISA will filter out those who pose an obvious risk. ISA registration does not guarantee that an individual has a clean criminal record – but that it has been checked by the ISA, which does not consider it to mean the individual should be barred. We dealt with over 900 traces last year some people are suitable others are not. Advantage of the scheme will be if they are barred we will be notified and more people will people be covered especially important as covers volunteers and areas such as sports/faith groups etc will have duty to refer information so more information will be fed through to assess suitability

13 What is HCC doing? Proactive member of LA national consultative CRB/ISA group/chair regional group Project group set up VBS safe staffing board-Chief Exec chairs VBS steering group-AD’s Project groups e.g. policies/contractors Communication strategy including FAQ’s Grid/Herts Direct/Connect/bulletin items, events Fed back on consultations get first view of guidance, push for key actions such as replacement for List 99 as know affect will have on service if not Project group has implementation plan reporting to board and steering groups, project groups Much communication will be coming out both nationally and from us in the coming months, currently working on scoping volumes and policy changes from Oct 09

14 Where can people get information?
VBS project team (within Safe Staffing) Keep up to date with Scheme developments via Send any questions to Generic and sector specific guidance to come Key message is whilst not everything is within our control with such a huge national scheme you are not alone in this, please call us and we will work with you to ensure this new scheme is rolled out as smoothly as possible


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