1. SAFEGUARDING VULNERABLE GROUPS Independent Safeguarding Authority Vetting Barring Scheme WCVA CRIMINAL RECORDS UNIT Updated April 09

2. 2 Drivers for change - CRB Checks  Inconsistent decisions made by inexperienced local employers  Not all staff eligible for Enhanced Disclosure  Disclosure is a ‘snapshot’  POCA, POVA, List 99 inconsistencies  Cost and delay of repeat checks  Quality of soft information

3. The Vetting & Barring Scheme DESIGN & SCOPE

4. 4 Introduction of a new Vetting service New arrangements should be introduced requiring those who work with children, or vulnerable adults, to be registered. Bichard R19) The Safeguarding Vulnerable Groups Act provides the legal framework for a single agency to vet those working with vulnerable groups The new scheme will replace existing List 99, PoCA and PoVA through a single approach to barring individuals. www.opsi.gov.uk

5. 5 Independent Safeguarding Authority Core purpose: to prevent unsuitable people from working with children and vulnerable adults The ISA will play a major part in reforming current vetting and barring practices by barring individuals who pose a risk to vulnerable groups…. ….but employers retain their responsibilities for ensuring safe recruitment and employment practices.

6. 6 ISA Vetting Barring Scheme VBS Register of people No known reason they should not work with children or vulnerable adults VBS barring lists Where there are reasons they should not work with children and/or vulnerable adults – 2 lists Independent decision making ISA Continuous updating of barred status

7. 7 ISA VBS & CRB Disclosure ISA Vetting Barring 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 ISA, which does not consider that any such record should mean the individual should be barred. ISA DOES NOT REPLACE CRB

8. 8 Summary: Scope of the VBS Allows for a register to be kept of those who are not thought to be unsuitable to work with vulnerable groups Allows for lists to be kept of those who are barred from working with vulnerable groups Considers those in certain work activities in relation to vulnerable groups REGULATED ACTIVTY or CONTROLLED ACTIVITY It doesn’t matter in which sector the activity takes place Or whether an individual is paid staff or a volunteer Employer = manager of volunteer Employee = volunteer

9. 9 What is regulated activity………? Involves contact with children or vulnerable adults and/or is: of a specified nature (e.g. teaching, training, care, supervision, advice, treatment or transport) on a frequent*, intensive* and/or overnight basis in a specified place (e.g. schools, care homes, nurseries, Young Offenders’ Institutions, ICC etc), frequently* or intensively* fostering and childminding 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

10. 10 Activities Covered Doctors, dentists, nurses, therapists, etc. Teachers, coaches, etc. School/Care Home bus drivers Childminders, Day Care Workers, Nursery Workers, etc. Arranging Private Foster Care Chatroom moderators Advisors, counsellors, etc Trustees of Charities Members of LSCBs Functions Members of Local Government Bodies

11. 11 Establishments Schools, Sixth Form Colleges, etc Nursery education Children’s Hospitals Secure accommodation for children Children’s homes Childcare premises Adult Care Homes

12. 12 ….And what is Controlled Activity? Ancillary support workers in NHS and FE settings with frequent or intensive contact with children and/or vulnerable adults or access to sensitive records Those working for specified organisations (e.g. a Local Authority) with frequent access to sensitive records about children and vulnerable adults. Subject to WAG secondary legislation but will be mandatory to check the ISA registration status of individuals in controlled activity. Tightly defined

13. Schools regulated Admin Staff Catering Staff Cleaning Ground Staff Staff Volunteers Contractors Head Teacher Teaching Staff Trolley Service (e.g. ward library service) Flower Dining care Companion on wards Administration helper/ medical records assistant Chaplaincy (lay preacher) Clinic assistant (baby/well-being etc) Walking companions Wheelchair pushers Feeders (for patients) Hospitals regulated & controlled

14. 14 Who needs to be ISA registered? Anyone – volunteer or paid staff – who works in regulated activity Anyone – volunteer or paid staff – who works in controlled activity Apply BEFORE start employment/volunteering role Once only application for ISA registration Once on ISA register – ‘subject to monitoring’ Can become barred subsequently in light of new information referred to ISA

15. 15 What regulated activity means…. To undertake regulated activity an individual must be ISA- registered A barred individual must not undertake regulated activity. 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. Duties and responsibilities under regulated activity where an organisation is providing the activity

16. 16 ….. and impacts on staffing Staff cannot refuse to become ISA registered and still carry out regulated activity. If an existing member of staff is barred they must be moved from regulated activity immediately. If an employee is dismissed or moved from regulated activity because of inappropriate behaviour towards a child or vulnerable adult this MUST be reported to the ISA. If an employee under investigation for inappropriate behaviour resigns before a disciplinary investigation is complete this MUST be reported to the ISA. Duties and responsibilities under regulated activity includes paid staff AND volunteers.

17. 17 Summary Barring decisions will be taken by independent experts Once fully implemented, anyone working or volunteering with children or vulnerable adults in regulated activity must register with the Scheme Employers must verify a person’s registration status and ensure those they place with vulnerable people are on the Scheme Better information sharing - employers, other statutory, business and public organisations must refer appropriate information to the ISA Employers will be informed if an employee becomes de-registered from the Scheme Parents/individuals will be able to check that the workers they employ in a private capacity in regulated activity are registered with the ISA

18. The Vetting & Barring Scheme IMPLEMENTATION OF THE SCHEME

19. 19 ISA Transitional stages ISA established January 2008. Currently barred individuals: ISA is including them, or considering to include them, on the new ISA barred lists From 31 March 2008: ISA was advising the Secretaries of State (SoS) on referrals to the current barring schemes (POCA, POVA etc.) From 20 January 2009, ISA took over responsibility from the SoS for the making of barring decisions on new referrals under the POCA, POVA and List 99 schemes. Business as usual for those with a duty to refer except referrals go to ISA not DCSF & DH From an employer's perspective - New referrals will no longer be considered for provisional listing on POCA or POVA - New referrals must be made to the ISA at a new address - CRB certificate wording has changed slightly to reflect the fact that the decision to is now taken by ISA. - POVAFirst service still in operation.

20. 20 What will change on 12 October 2009? POCA, POVA and List 99 replaced by ISA barred lists Eligibility criteria for Enhanced CRB checks will be extended to include anyone working in a regulated activity Standard checks no longer available for work with vulnerable groups Checks of new ISA lists can be made as part of an Enhanced CRB check. Criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them on. Employers, social services and professional regulators have a duty to refer to the ISA any information about individuals who may pose a risk

21. 21 Employers must refer relevant information, where there is a duty to check. Harm test. Parents/private employers should go to a statutory agency who can investigate and refer if appropriate (e.g. social services or the police). Professional and regulatory bodies and Local Authorities will be under a duty to refer relevant information in specified circumstances. All other employers of those working with children and/or vulnerable adults may refer. ISA will inform professional and regulatory bodies when it bars someone, so that their professional registration can also be reviewed. ISA Referrals after go-live

22. 22 ISA Decision Making Process Underpinned by need to be proportionate, fair, transparent, justifiable Will not second guess courts or competent body findings Did relevant conduct happen or is one of the ‘risk of harm’ categories satisfied? – facts must be proven on the balance of probabilities Trained caseworkers & expert Board will make barring decisions In most cases a right to representations / specialist referral – do these cast doubt on any findings on the facts or the assessment of risk? Employee and employer informed of ISA registration or ‘minded to bar’ on disclosure An appeal process via the Care Standards Tribunal if a barring decision needs subsequent challenge

23. 23 What will change in July 2010? Individuals will be able to apply for ISA-registration New application form to allow applications for ISA-registration and CRB checks to be made on the same form. Employers will be able to express an interest in a person’s ISA- registration and be informed of any changes to that person’s ISA- registration status. Employers can carry out free, online checks of a person’s ISA-registration status There will be a 5 year phased roll out for ISA registration of those individuals who currently work with children and/or vulnerable adults.

24. 24 What will change in November 2010? It will be a legal requirement for individuals to register with the ISA ………if they intend to work or ………currently work with children and/or vulnerable adults in England, Wales and Northern Ireland.

25. 25 Existing Employees CRB Checks > 3yrs Existing Employees Not CRB Checked New Employees Year 1 Register Immediately Register subject to Regulations Register subject to Regulations 5 year phasing To be approved Year 2 Year 3 Year 4 Existing Employees More recent checks Year 5 Remainder and Controlled activities Register subject to Regulations WAG devolved powers

26. The Vetting & Barring Scheme APPLICATION TO THE SCHEME

27. 27 How do I apply…….. Applicant position offer and prior to start WCVA CRU Confirm need for ISA registration Request ISA registration or CRB check or BOTH Confirm ID verification Countersign and submit application to CRB Is the applicant already ISA registered? Do you also want/need the applicant to have a CRB check? Are you a registered CRU service user? Voluntary organisation position in regulated/controlled activity WCVA CRU ISA/DAF joint application form request

28. 28 ….and what for? Independent Safeguarding Authority Case consideration Barring decision CRB Disclosure issued to individual and employer full criminal record ISA Barring decision Online status check confirms if applicant is ISA Registered CRU ISA/DAF joint application form CRB Application handling PNC check Apply ISA rules - Auto bars’ Case preparation for police Bundling data and information for ISA use Process of ISA registration application equivalent to enhanced check Applicant start ISA Registration CRU

29. 29 ISA registration - Online checking FREE online checking for employers The status of individuals will be continuously updated on receipt of new information, such as new convictions or referrals from employers Employers will be notified, where they have registered an interest, if the status of their employee changes Scheme membership is fully ‘portable’ across regulated activity Online status checking Scheme member Not a member Not barred Cannot engage Not applied to scheme Wrong data entered Barred

30. 30 And what does it cost…? VOLUNTEERS CRB checks are FREE ISA registration is FREE PAID STAFF Stand alone CRB enhanced £36 Stand alone CRB standard £31 ISA registration £64 £28 ISA element + £36 CRB administration as equivalent to an enhanced check whether or not CRB check is requested by an employer as part of ISA registration CRU service is FREE for voluntary sector in Wales CRU passes on charge of CRB check and/or ISA registration where appropriate

31. 31 What can I do next? Inform colleagues – volunteer managers, HR, staff involved with CRBs, practitioner networks/partnerships etc Start outline planning – staff numbers/budgets Attend ISA road shows; encourage colleagues to as well Use ISA briefing tools when available to spread the word Keep up to date with ISA developments: www.isa-gov.org Send questions to scheme.info@homeoffice.gsi.gov.uk Keep up to date with CRB developments: www.crb.gov.uk YOUR Keep in touch with us! WCVA CRU needs YOUR email

32. 32 NEED HELP? ……. from ISA Full detailed guidance: generic & sector specific Promotional guides, leaflets & information Direct marketing & advertising campaigns Training road shows Free briefing toolkits Staffed call centre: call 0300 123 1111 Improved website: www.isa-gov.org ….from CRB at www.crb.gov.uk

33. 33 NEED HELP?.....from CRU  0800 0 197 391  cru@wcva.org.uk  www.wcva-cru.org.uk WCVA CRU Morfa Hall Bath Street RHYL LL18 3EB

34. SAFEGUARDING VULNERABLE GROUPS Independent Safeguarding Authority Vetting Barring Scheme WCVA CRIMINAL RECORDS UNIT Updated April 09

35. 35 Key Points for Personnel suppliers.. Personnel supplier must check the employee is ISA registered before supplying them to the placement The receiving organisation is entitled to rely on written confirmation from the supplier that the check has been done …employment businesses and educational institutions

36. 36 Key points for schools All school workers, paid and unpaid, that come into contact with children - frequently or on an intensive basis - will be engaging in regulated activity. The school must check that they are ISA-registered before they can start work This is like the current List 99 check but the school is able to do it itself: quick, online, and free Placing exchange students with host families is also regulated activity. Being a school governor is regulated activity CRB checks on initial entry to the school workforce

37. 37 Key Points for Sports Organisations RAP as club Governing body to receive notification changes to barred status

38. 38 Improvements already made to current systems All schools must now obtain CRB checks on new people entering their workforce. The Children Act 2004 further strengthened existing provisions by introducing Local Safeguarding Children Boards in every Local Authority area in April 2006. Safeguarding Children and Safer Recruitment in Education guidance also came into force in January 2007. List 99 regulations have been extended so that anyone convicted or cautioned for sex offences against children is automatically barred from working with children. since Bichard Inquiry recommendations

39. 39 Some other key points Controlled activity It will be mandatory to check individuals in controlled activity BUT Subject to WAG devolved powers A barred person can be employed in controlled activity, providing safeguards have been put in place Other regulated activity Those employed by domestic employers - e.g. nannies, direct payments are covered by ISA It will not be mandatory for employers in domestic circumstances to check their employees, but they can check online, although not access disclosure. ISA only registration for self- employed - e.g. music teachers A barred person must not engage in this employment.