What does the review of the Vetting & Barring scheme mean for my organisation?
Release Date: 16 June 2010
The Government has announced that the registration of individuals with the Independent Safeguarding Authority which was due to start on 26 July 2010 will be postponed and a full review will now take place of the Vetting & Barring Scheme and the role of the Independent Safeguarding Authority. Many organisations are asking what this means for their recruitment and safeguarding procedures.
The Vetting & Barring Scheme was due to be launched in July, with it becoming obligatory for new volunteers and employees to register with the ISA if they were carrying out regulated activities with children and/or vulnerable adults in November 2010. Whilst the registration process will not now go ahead as planned, organisations cannot ignore the Independent Safeguarding Authority. This is because some changes under the Safeguarding Vulnerable Groups Act 2006 have already come into force.
The Government has made it clear that the duty to refer which was introduced in October 2009 is not affected. This duty requires local authorities, professional regulators and employers who provide regulated activities to report volunteers and employees who have harmed or pose a risk of harm to children and/or vulnerable adults to the Independent Safeguarding Authority. A failure to comply with this duty is a criminal offence.
In addition, it will continue to be unlawful for an individual who has been barred to carry out a regulated activity. It is also an offence for an organisation to knowingly allow an individual who has been barred to carry out such an activity.
The Independent Safeguarding Authority have already been transferring people from the Protection of Vulnerable Adults List (“POVA”), Protection of Children List (“POCA”) and List 99 (the list of people banned from teaching) and placing people on two new barred lists the ISA Adult Barred list and the ISA Children’s Barred List. It is unlikely that these lists will be abolished and we anticipate that individuals will continue to be placed on these lists, which can be checked as part of an Enhanced Criminal Records Bureau Check.
Pending the outcome of the review, whilst it will not be obligatory to check employees and volunteer’s registration with the ISA, organisations should continue to carry out the usual procedures in relation to checking those who work with children and vulnerable adults are suitable to do so.
The news will be welcomed by many organisations who had concerns about how the Scheme would work in practice and the restrictions it may place on individuals, particularly in the voluntary sector.
Should you have any queries please contact Julia Jones on 0121 214 3556 or email Julia.jones@anthonycollins.com
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