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Disclosure News Issue 73 April 2009

disclosure news

The newsletter for all new developments in the Disclosure service.

Issue 73 April 2009

Welcome to April's edition of Disclosure News: the newsletter for all new developments in the Disclosure service.

View Disclosure News in a PDF version (new window).

This month:

Editorial

Welcome to the April edition of Disclosure News.

This month’s newsletter is a special Vetting and Barring Scheme (VBS) edition. We have details of the VBS launch timetable, decision making process and the changes to the Standard and Enhanced Disclosure criteria.

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Vetting and Barring Scheme (VBS) Update

Launch Timetable

The Home Office has announced new measures that will provide further protection of children and the vulnerable when the new Vetting & Barring Scheme (VBS) launches on 12 October this year.

12 October 2009

A number of changes will occur from 12 October 2009, including:

  • The creation of two new barred lists administered by the Independent Safeguarding Authority (ISA). These lists will replace the existing List 99, Protection of Children Act (PoCA) and Protection of Vulnerable Adults (PoVA) lists that are currently maintained by different Government departmentss
  • The eligibility for Enhanced CRB checks will expand to include more employment and voluntary positions, known as ‘regulated activity’ (see page 4 for definition).
  • Standard CRB checks will no longer be available for those working with children or the vulnerable; all individuals applying to work with children or the vulnerable will be entitled to an Enhanced check.
  • Customers can continue to use the current application form as there will be no change to the form or application process until 2010.
  • There will be a new duty for employers, social services and professional regulators to refer any information about individuals who could pose a risk of harm to children and vulnerable adults to the ISA who will assess the information and make a barring decision.
  • It will become a crime for a barred individual to seek or undertake work in ‘regulated activity’ and for those employers who knowingly take them on.

July 2010

The additional safeguards introduced in October will mean little change to the way that customers currently apply for CRB checks but will provide a vital start to the Scheme’s roll out that will continue in 2010. Further elements of the Scheme will be introduced from July 2010, which include:

  • Individuals will be able to apply to the CRB for ISA registration if they are applying to work with children and/or vulnerable adults in England, Wales and Northern Ireland. However, for those who currently work with children and/or vulnerable adults, organisations will be given up to five years to ensure that all current employees and volunteers are registered with the ISA.
  • Applications for ISA registration will be made to the CRB via Registered/Umbrella Bodies.
  • The CRB will introduce a new application form to allow customers to apply for ISA registration and a CRB check on the same form. The new application forms will be provided to all customers in advance of July 2010.
  • Employers will be able to carry out free online checks of a person’s ISA registration status.
  • When an individual becomes ISA registered, their ISA status will be continuously monitored against any new information that may come to light. The ISA will assess any new information and inform the employer of any change to the individual’s ISA registration status.

November 2010

In November 2010, it will be a legal requirement for anyone who is applying to work with children and/or vulnerable adults in England, Wales and Northern Ireland to register with the ISA. Employers will also be legally bound to check and confirm that the individual they want to employ in a ‘regulated activity’ is registered with the ISA.

The VBS is designed to offer a more stream-lined, faster system of workplace vetting for those working with children and vulnerable adults and will build on the existing good work of the CRB. Steve Long, Chief Executive of CRB says:

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ISA Decision Making

New Barred List

As we told you in the January edition of Disclosure News, the Independent Safeguarding Authority (ISA) took over responsibility from the Secretary of State for the making of barring decisions on referrals under the PoCA, PoVA and List 99 schemes in January this year.

From October 2009, these lists will cease to exist and will be replaced by two new lists, the Children’s Barred List and the Adults’ Barred List, both of which will be centrally administered by the ISA. From October, the ISA will make barring decisions on referrals under the two new lists.

These new barred lists will contain details of those individuals deemed unsuitable to work with either children or vulnerable adults. The ISA is currently reviewing all those individuals on the existing barred lists to determine whether or not they should be included on the new lists.

Decision Making Process

The ISA will assess the risk of harm posed by an individual working or applying to work with children or vulnerable adults, based on the information gathered from several sources including the CRB, police databases, local authorities and employers.

The decisions will be made by a team of ISA caseworkers who are fully trained in assessing the risk of harm to children and the vulnerable, supported by expert Board members who have a range of experience and knowledge in the field of safeguarding. The ISA will make consistent, justified decisions in what will often be complex and sensitive cases.

There are two categories for automatic inclusion on the two barred lists:

The Safeguarding Vulnerable Groups Act 2006 sets out a number of very serious offences that will result in an automatic bar without further assessment of the individual, commonly called ‘auto bar offences without representations’.
 
Other serious offences, also set out in legislation, where the individual will be allowed to make representations as to why they should be removed from the list.
For all other cases, the ISA will consider all information available on the individual and make an informed decision as to whether they pose a risk of harm to children or vulnerable adults and, subsequently, whether or not to bar the individual from working with them. The decision making process will include:

Initial assessment of whether relevant conduct has happened or risk of harm to children and/or vulnerable adults has occurred.
 
Evidence evaluation to assess whether an incident took place or a particular behaviour was displayed. Some cases will be supported by criminal convictions or cautions and the ISA will accept that the incident has taken place but other cases will be considered on the information that is available and a decision will be made on the ‘balance of probabilities’ that something happened or not.
 
Case assessment to determine the risk that the individual poses to children and/or vulnerable adults on the basis of the earlier findings and evidence.
 
Inviting representations from an individual that the ISA is minded to bar following a case assessment.
 
Making a decision as to whether it is appropriate to bar on either or both barred lists, based on the level of risk of harm to children and/or vulnerable adults. They will take into account the relevant information and circumstances of the case, including:

  • The individual’s conviction history
  • The age of the convictions
  • The age of the individual at the time of the offence
  • Whether the offence was a one-off or part of a series of offences
  • Any mitigating circumstances
  • Representations received from the individual

Full guidance on the ISA decision making is available on the ISA website. A comprehensive suite of VBS guidance will be published well in advance of July 2010 when individuals will be able to apply for registration to the ISA. More information on ISA and VBS can be obtained by calling 0300 123 1111 or visiting the ISA website at www.isa-gov.org.uk

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Changes to Standard/Enhanced criteria

As part of the additional safeguards that will be introduced from October this year, the eligibility criteria for applying for Standard and Enhanced CRB checks will change and it is important that all Registered/Umbrella Bodies understand these changes in advance of the October launch date.

Standard Disclosures

Currently, a Standard CRB check includes a check of the Police National Computer (PNC) and will reveal current and spent convictions, cautions, reprimands and warnings and will also include a search of the three current lists, PoCA, PoVA and List 99 if the post involves working with children or vulnerable adults.

From 12 October, a Standard Disclosure certificate will only reveal information held on PNC and will no longer include a check of the three current lists, as they will cease to exist from this date.

For this reason, it will no longer be sufficient to obtain a Standard level check to work with children and/or vulnerable adults from 12 October

All individuals working in such positions will be entitled to an Enhanced CRB check, which will further enhance the protection of the vulnerable. The Standard CRB check will still be available for all other positions covered by the Exceptions Order 1975 to the Rehabilitation of Offenders Act 1974.

Enhanced Disclosures

The criteria for those eligible to apply for an Enhanced CRB check will also change as part of these new arrangements. The eligibility criteria will expand to include more employment and voluntary positions, particularly in areas of work with vulnerable adults such as NHS positions. This will mean that many more people posing a risk to the vulnerable will be checked and prevented from working with vulnerable groups.

Similar to the changes that will occur for Standard checks, an Enhanced CRB check will no longer include a check of the current three lists but, from October, will instead include a check of the two new ISA Barred lists. The wording on Disclosure certificates will be amended to reflect these changes.

The CRB website and subsequent guidance will be updated to reflect the changes to the eligibility criteria and the definitions of both Standard and Enhanced checks.

Regulated Activity

Those positions now eligible for an Enhanced Check will be referred to as ‘Regulated positions’ or positions where ‘regulated activity’ occurs which can be defined by any of the following activities:

  • Activity of a specified nature involving frequent, intensive and/or overnight contact with children and/or vulnerable adults (e.g. teaching, training, care, supervision, advice, treatment and transportation);
  • Activity allowing frequent or intensive contact with children and/or vulnerable adults that is in a specified place (e.g. care homes and schools);
  • Fostering and childminding;
  • Activity that involves people in certain defined positions of responsibility (e.g. school governor, director of children/adult social services).

The term ‘regulated activity’ will apply when the activity is:

  • Frequent – the activity takes place once a month or more. This does not apply to the provisions for fostering, childminding and those who have defined positions of responsibility;
  • Intensive – the activity takes place on three or more days in any 30 day period. This does not apply to the provisions for fostering, childminding and those who have defined positions of responsibility;
  • Overnight – the activity takes place overnight. This only applies to teaching, care, advice and treatment.

In the last issue of Disclosure News we told you that positions referred to as ‘controlled activities’ would be introduced during the five-year phasing of the Vetting and Barring Scheme. At this stage, it has not been decided when those individuals working in ‘controlled activities’ will be eligible for an Enhanced Check. We will keep you informed through future issues of Disclosure News once details have been finalised.

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ISA Contacts

Information line: 0300 123 1111

Contact

Address
PO Box 110
Liverpool L69 3EF

Information line 0870 90 90 811
Registration line 0870 90 90 822
Disputes line 0870 90 90 778
Welsh line 0870 90 90 223
Application line 0870 90 90 844
Minicom line 0870 90 90 344

Website: http://www.crb.gov.uk/

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