15 September 2009
The Independent Safeguarding Authority (ISA) is currently producing sector-specific guidance on how the new Vetting and Barring Scheme will affect different sectors. Volunteering England is working with the Office of the Third Sector on the guidelines specifically for volunteer-involving organisations, to help such organisations understand the implications of the scheme in relation to the work that they carry out.
Volunteering England’s involvement with the ISA began in 2006, and since then we have responded to ISA consultations, raised questions about how the scheme could potentially impact on volunteers and volunteer-involving organisations, and have made suggestions as to how some potential obstacles and issues could be overcome.
We find the Vetting and Barring Scheme, broadly, to be an advance on the present system of checking the suitability of volunteers to work or volunteer with children and vulnerable adults, because it will draw information together in one place so that the Independent Safeguarding Authority can make informed decisions about whether someone should be placed on one (or both) of the new Barred Lists.
The introduction of the Criminal Record Bureau (CRB) scheme in 2002 (established under the Police Act 1997) proved an obstacle to some people’s volunteering, partly because of the initial over-use of the scheme
Volunteering England has maintained a close relationship with the CRB, and last year we advised the Office of the Third Sector on clarifying its guidance Criminal Records Bureau checks: Guidance for volunteering. We have also produced our own Information Sheets on CRB Disclosure checks, which have been checked for accuracy by the CRB. Whilst these also help to clarify the situation for volunteer-involving organisations, other organisations are still unsure about whether they should request CRB Disclosure checks for people volunteering with children or vulnerable adults, especially where there is no statutory obligation to do so.
In this regard, we find the new Vetting and Barring Scheme has benefits:
Firstly, anyone wanting to participate in ‘regulated’ or ‘controlled’ activity will need to be registered with the Vetting and Barring Scheme. (There is a five-year phasing-in period for this, and the ISA will provide guidance on when employees and volunteers should be registered.) Membership of the Vetting and Barring Scheme will mean that there is no known reason why a person cannot work or volunteer with vulnerable adults or children. It should be noted that, in many cases, this in itself will not be enough of a safeguard to protect the vulnerable. Those working or volunteering with the vulnerable will also be eligible for an Enhanced CRB Disclosure check, which will provide details of a person’s criminal record (if they have one). This can be used to assess a person’s suitability for a volunteering role, although Volunteering England would recommend that volunteer-involving organisations use other safeguarding measures too, such as application forms, informal interviews and taking up references.
Secondly, the single system of registration with the ISA will, we believe, be more straightforward for volunteers and volunteer-involving organisations than the current process. Applicants can complete a CRB application form which will also include a small section for them to apply for ISA registration. Volunteers will also be able to take their ISA membership number to another organisation and, if the organisation registers an interest in the individual, they will be able to find out for themselves whether the person is a member of the Vetting and Barring Scheme or not. Again, it should be noted that in order to assess a person’s suitability for a volunteering role an Enhanced CRB Disclosure check can be sought, as part of a wider screening and safeguarding process.
Finally, once an individual has registered with the scheme they will become ‘subject to monitoring’. This means that if a person’s membership status changes, organisations that have registered an interest in the individual will be notified that the person is no longer a member of the scheme. If this happens, then the organisation can no longer allow the individual to continue in their role.
Whereas paid employees will have complaints and disciplinary procedures as part of their terms and conditions of employment, volunteers do not have this legal protection, and we are concerned that some volunteers may be dismissed if allegations of abuse are made against them without the case actually being investigated by the volunteer-involving organisation. Therefore, it is crucial that the procedure established by the ISA is equitable and fair and does not allow discriminatory or malicious statements to be made against a volunteer. Volunteer-involving organisations should have procedures in place for dealing with such allegations, and they should also familiarise themselves with the ISA’s guidance on how to make referrals to the scheme.
We welcome that volunteers will not have to pay the registration fee for ISA, but we are aware that the administration fees charged by some Umbrella Bodies can place a financial burden on volunteer-involving organisations.
The definitions of ‘regulated’ and ‘controlled’ activity means that there will be an expansion in the number of roles for which volunteers will need to be registered as compared to that for CRB Disclosure checks. This will place a further burden on volunteer-involving organisations, and we anticipate that they will need to draw on additional resources to meet the higher level of safeguarding administration required by the scheme.
The Vetting and Barring Scheme will have an impact on offenders and ex-offenders seeking employment or volunteering opportunities due to the increase in the number of roles that will require ISA registration. For those on the Barred Lists, this means that they will not be able to take up either paid or volunteering roles that would give them access to vulnerable groups.
However, it should be remembered that 8 million people in England has a Criminal Record (according to the Offender Index). Having a criminal record does not necessarily mean that a person is unsuitable to work or volunteer with children or vulnerable adults. Where organisations request CRB Disclosure checks they need to ensure that they comply with the CRB’s Code of Practice regarding the recruitment of ex-offenders.
Volunteer-involving organisations will, as always, need to work through their own risk assessments and safeguarding requirements, as ISA registration simply indicates that no evidence is known against a person; it is not an assurance of a person’s suitability for the role they are applying for.
We will continue to monitor developments and work closely with Government departments and the ISA and CRB, and are prepared to advise on the need to improve or modify the guidance about the new scheme as implementation of the Vetting and Barring Scheme progresses.
