Volunteering magazine, February 2007, Issue 124
This month Dr Stuart answers a question about The Safeguarding Vulnerable Groups Act
Dear Dr Stuart
I’ve heard that The Safeguarding Vulnerable Groups Act will tighten up the current methods of screening people for posts that involve regular contact with children and vulnerable adults. What are the new measures that are being introduced, and how will they affect my organisation?
Dr Stuart writes:
The Safeguarding Vulnerable Groups Act received royal assent in November 2006, and introduced a number of measures to improve the current screening process, including the creation of a Vetting and Barring Scheme. The Vetting and Barring Scheme will
- extend the number of roles where screening checks are mandatory
- maintain a list of those barred from working with children or vulnerable adults
- provide updated information on current volunteers and employees to organisations.
The CRB will process automatic inclusions on the list, as well as handling requests for CRB checks where no information for the applicant exists. Applications that require a decision about a person’s suitability for the post will be referred to the Independent Barring Board, where a panel of experts will make barring decisions on individual cases. This should make it clearer for organisations about when they can and can’t recruit certain individuals, in either a voluntary or a paid capacity.
Organisations will be able to conduct secure online checks and receive updates when new information is added to an employees’ or volunteers’ criminal record. This will improve continuity and enable employers to gain a more rounded picture of their employees and volunteers, rather than the ‘snapshot’ image that previous CRB checks provided. This method of providing and updating checks should also reduce the costs and the number of CRB checks needed.
The Act will also integrate List 99 and the Protection of Children Act list, so that those banned from working as teachers and in childcare settings will be listed in one place. In addition, the Protection of Vulnerable Adults list will be replaced with a list whose scope extends beyond that of regulated social care settings. Disqualification Orders, which bar people from working with children, will also come under the new scheme. These new lists will be centrally maintained by the IBB, rather than by various government departments, which should create a more speedy and efficient service.
The Act broadens the types of work that require CRB checks, and divides them into two categories; regulated activity and controlled activity. Regulated activity can be defined as:
• Any activity which involves close contact with children or vulnerable adults and is of a specified nature. This includes teaching, training, care and also advice or guidance services.
• Any activity allowing contact with children or vulnerable adults and is in a specified place, such as schools and care homes.
• Where the activity is frequent - taking place on more than two days in a month, or overnight
• Fostering and childcare
• Certain defined positions of responsibility, for instance school governor, director of social services, children’s charity trustee
All regulated positions must be CRB checked, and a mandatory bar will apply.
It will also be mandatory to check people working in controlled activities. Controlled activities include:
• Support work in general health, NHS and Further Education settings. Such roles will include those of cleaner, caretaker, shop worker, catering staff, car park attendant and receptionist
• Those working for specified organisations, such as a Local Authority, with frequent access to sensitive records about children
• Support work in adult social care settings, for instance, day centre cleaners and those with access to health records.
It is important to note that although a barred person cannot work in a regulated position, they can be employed in a role that falls under the controlled activity category, providing that certain safeguards have been put in place.
People wishing to take up regulated posts need to be “subject to monitoring”, which means that they must be a member of the Vetting and Barring Scheme. The onus is on the organisation to check that an applicant is a member of the scheme, and if they are not subject to monitoring, or have been barred, then they cannot take up a regulated position. Under the Act it is an offence for organisations to recruit people to work with children and vulnerable adults that they know are barred. Penalties for doing so can include a prison sentence of up to five years. In addition, failure to make the necessary checks could result in a fine of up to £5000. The Act also makes it clear that there is no distinction between paid work and voluntary work; if the position involves regulated or controlled activity, then the applicant must be subject to monitoring.
Obviously it will take time for these measures to be introduced, and organisations would be well advised to keep up to date with the latest developments. Volunteer Centres in particular should keep abreast of the Act’s implementation, especially as the new rules will mean that some organisations that weren’t previously required to CRB check staff and volunteers will now have to comply with the new legislation.
Sources/further information
Epolitix website summary of the Act
Vetting and Barring briefing pack
Safeguarding Children and Safer Recruitment in Education
