The Independent Safeguarding Authority a new scheme for vetting, barring and accessing CRB checcks
What is it?
The new Independent Safeguarding Authority (ISA) scheme for vetting and barring will aim to help organisations increase protection of children and vulnerable adults, by improving the current provisions for screening potential (and current) volunteers and employees. (This has previously been called the “Vetting and Barring Scheme” but it is no longer being referred to by this name.)
It plans to do this through a registration system, stopping people who the scheme decides are unsuitable from volunteering (or trying to volunteer) with children and vulnerable adults.
An independent barring board (which will be known as the Independent Safeguarding Authority) will take responsibility for making barring decisions. The application processes for vetting and barring decisions will be run by the Criminal Records Bureau (CRB).
The new scheme does not distinguish between volunteers and paid workers, as it is only concerned with access to vulnerable people. The new rules will apply to both volunteers and paid workers.
The scheme will integrate all 4 of the lists that indicate that someone should not work with children and/or vulnerable adults (The POCA & POVA lists; The Information held under Section 142 of the Education Act 2002 - formerly List 99 - and The Disqualification Order Regime), into 1 list of those barred from working with children, and a separate (but aligned) list of people who should not work with vulnerable adults.
An important change is that many more organisations will be under a legal obligation to carry out checks than is currently the case. At the moment there is much more discretion on the part of volunteer-involving organisations (and employers).
Volunteers who apply to be involved in certain activities (see below) will need to be registered members of the scheme. Once within the scheme instant online checks will indicate whether or not there is any (current) known reason why the volunteer may or may not volunteer with children or vulnerable adults. It will be an offence for an unchecked adult to volunteer in certain activities with children and/or vulnerable adults, which means that volunteers must be checked before they can volunteer. The volunteer will also be tracked, so if information about the volunteer does come to light, your organisation will be notified if a volunteer’s status changes. Your organisation will also be under an increased duty to disclose any information received about a volunteer to the scheme, even if the volunteer has left; either by directly contacting the scheme, or to contact the relevant statutory agency (e.g. your local council’s health & social care services department or the Police) who will make the decision whether or not to refer information to the scheme. Who you contact depends on the kind of organisation you are, and the kind of activities the volunteers will be involved in.
When will this happen?
The Safeguarding Vulnerable Groups Act received Royal Assent in November 2006.
The new scheme will be phased in from autumn 2008, for both new and existing volunteers.
Which activities will be affected?
Any activity that is defined as a “regulated activity” or a “controlled activity”.
A “regulated activity” include ones that involve:
- Contact with children and/or vulnerable adults; and is of a “specified nature” (this includes teaching, training, care, supervision, advice, treatment or transport); and takes place “frequently”*, “intensively”* or “overnight” *.
- Contact with children and/or vulnerable adults and is in a “specified place” e.g. a school; and takes place “frequently”* or “intensively”*.
- Fostering and childcare
- Certain positions, e.g. school governor.
* These words have specific legal definitions, e.g. “intensively” means that the regulated activity takes place on 3 or more days in a 30-day period. There is not any more information about “frequently” yet.
Before a volunteer can start a regulated activity they must have been checked by the scheme. It will be an offence for a “barred” person to undertake regulated activity. It will also be an offence for a volunteer-involving organisation not to check a volunteer before they begin volunteering in a regulated activity.
A “controlled activity” includes:
- “Frequent”* or “intensive”* support work in general health, NHS, FE settings (e.g. receptionist, cleaner, car park attendant, catering staff).
- Those working for specific organisations with frequent access to sensitive records about children and/or vulnerable adults.
- Support work in adult social care settings (e.g. day centre cleaners).
*Again, these words have specific legal definitions (see above).
It will be an offence for an organisation to take on a volunteer for controlled activity without checking their status with the scheme. However, if a volunteer is “barred” and there are sufficient safeguards in place, a volunteer may still volunteer in a controlled activity.
How will this work?
To make an application:
Volunteers who are already volunteering, or who want to volunteer with children and/or vulnerable adults will apply to the scheme via the CRB. There will be phased arrangements for applications for current volunteers nearer the time of autumn 2008.
How the vetting and barring decision is made:
The CRB will check whether or not there is any information from the police or any referral information from other sources (e.g. employers, professional and regulatory bodies) about the volunteer or potential volunteer.
If there is no relevant information, the CRB will inform the volunteer that s/he has become “subject to monitoring” (see below) as a member of the scheme.
If there is relevant information, the CRB will pass this to the ISA for a barring decision. (In most cases - except those involving the most serious offences - volunteers/potential volunteers will be able to make representations about why they should not be barred on the basis of this information. They will also have the right of appeal to the Care Standards Tribunal.)
If the volunteer-involving organisation has also requested a CRB Enhanced Disclosure, the CRB will also confirm on the certificate any relevant details relating to the applicant.
All applicants, except those who are barred, will become “subject to monitoring”. This means that the volunteer is not on a barred list and that the ISA would review its barring decision if relevant new police or referral information became available. Under the new scheme, volunteer-involving organisations will be notified – where they have registered an interest - if the volunteer’s status changes.
Any subsequent volunteer-involving organisation or employer will be able to do an online check on a volunteer’s status, including parents and carers. In most cases, employers/providers will be entitled to seek an Enhanced Disclosure from the CRB, which will contain criminal records information (although parents, individuals, or their carers do not have this option). Some volunteer-involving organisations will continue to be required to obtain Enhanced Disclosures.
What will I need to tell the scheme about volunteers?
Some organisations will be under a duty to refer relevant information to the scheme in certain circumstances - broadly where there is concern relating to the harm or risk of harm to children or vulnerable adults. Other organisations may refer relevant information.
Organisations that have a duty to refer information:
- Adult/child protection teams in local authorities
- Named professional bodies and supervisory authorities in the Act;
- Employers and service providers of regulated and controlled activity;
- Personnel suppliers (for example, employment agencies, employment businesses and education institutions).
Organisations that may refer information
- All other employers of those working with children and/or vulnerable adults; and
- Parents/private employers, but they should refer information to a statutory agency (e.g. social services or the police), who can investigate and refer information to the ISA if appropriate.
The circumstances in which information must be referred
Employers and service providers must refer information to the scheme where they have “dismissed” a volunteer, or the volunteer “resigned”, because they harmed, or may harm, a child or vulnerable adult.
Local authorities (in their social services capacity), professional bodies and supervisory authorities must refer information where a volunteer has harmed, or may, harm a child or vulnerable adult, where they are working closely with vulnerable groups (or there is an expectation that they will do so in the future), and where they think the ISA may consider it appropriate to bar the volunteer.
Relevant information should be referred to the ISA as soon as it becomes available, to minimise the time between a volunteer becoming a known risk and the volunteer being barred from work with children and/or vulnerable adults.
My organisation involves volunteers. What does this mean for us?
You may need to update your organisation’s Child and/or Adult Protection Policies in line with this; as well as your policies on involving ex-offenders as volunteers.
You may also want to think about who in your organisation will take responsibility for ensuring that your organisation complies with the new scheme. It is important to bear in mind that organisations with regulated or controlled activities are under legal obligations, and could face criminal charges if they are breached.
You may also need to offer your volunteers additional help and support if they have any concerns about being checked by the scheme.
Remember, as with the current CRB system, just because a volunteer has not been barred, this does not mean that a volunteer-involving organisation should not put other risk assessments & safety checks in place, e.g. obtaining references or speaking to other people who know the potential volunteer; as well as looking at the ways that risk could be reduced, e.g. volunteers not being alone with children and/or vulnerable adults.
It is also important that you are aware that the new scheme does not replace the CRB scheme, so you may still need to carry out CRB checks for eligible volunteers.
Further information
Volunteering England’s Information Team will update this briefing when we know more, but in the meantime, you may also like to visit the Independent Safeguarding Authority’s pages on the “Every Child Matters” website:
http://www.everychildmatters.gov.uk/socialcare/safeguarding/
independentsafeguardingauthority/
If you need information on the current system, including good practice suggestions, please visit Volunteering England’s Good Practice Bank and browse the section called “Protection of Vulnerable Clients”: http://www.volunteering.org.uk/goodpractice
Some of the content of this briefing is adapted from material on the “Every Child Matters” website.
Last reviewed: August 2007
For more information, please contact
Volunteering England Information Service
information@volunteeringengland.org
Freephone/textphone: 0800 028 3304 (M-F, 9.30 – 5.30)
Volunteering England
Regent’s Wharf
8 All Saints Street
London N1 9RL
All of Volunteering England’s Information Sheets are available at:
www.volunteering.org.uk/information
For more information on managing volunteers, please visit
The Good Practice Bank at www.volunteering.org.uk/goodpractice
