Vetting and Barring FAQs

 

 

The Safeguarding Vulnerable Groups Act 2006 breathes life into that recommendation by creating an agency (the Independent Safeguarding Authority or ISA) to vet and register all individuals who want to work or volunteer with the vulnerable.View some Frequently Asked Questions below

ORIGINAL ARTICLE FROM NORTHGATE ARINSO

TIMEFRAME

12th October 2009: A new Vetting and Barring Scheme replaces the existing “lists” (PoCA, PoVA and List 99) with two new barred lists – one for children and one for vulnerable adults. ISA will maintain these lists separately.

Enhanced CRB checks are extended to include wider employment and voluntary positions. All who wish to work with children or vulnerable adults must go through the Enhanced CRB check. Employers, social services and professional regulators also have a duty to refer information about individuals who may pose a risk of harm to children or vulnerable adults to ISA.

It becomes a crime for a barred individual to “seek or undertake” work in regulated activity. This extends to employers who knowingly take them on. The penalties are up to five years imprisonment plus a fine for barred individuals and six months plus a fine for an employer who knowingly recruits such a person to regulated activity.

July 2010: Individuals are able to apply for ISA registration to work with children and/or vulnerable adults. Failure to register with ISA means an individual will not be able to work with children or vulnerable adults. All new employees and those switching jobs must register with ISA before commencing work with children or vulnerable adults from this date
November 2010: It becomes a legal requirement for anyone applying to work with children and/or vulnerable adults to register with the ISA

2010 – 2015: ISA envisages a five year roll-out period to phase in the new provisions. Starting with new entrants and those changing job, priority will then be given to those operating within “controlled activity”, those with no existing CRB disclosure and finally those with dated CRB disclosures. This timeframe is provisional and may change as it must accommodate some 11 million employees and volunteers.

Regulated and Controlled Activity

Regulated activity is any activity of a specified nature (e.g. teaching, training or giving medical treatment) that involves contact with children or vulnerable adults “frequently, intensively and/or overnight”. Activity is frequent if it takes place once per month or more and intensive if it takes place on three or more days. Overnight is defined as the period between 02.00 and 06.00 hours. It also covers activity taking place in a specified place (see below).

However some activity only becomes “regulated” in certain circumstances. For instance, a taxi or bus driver carrying children or vulnerable adults does not need ISA registration unless the journeys are to or from a place of regulated activity and are commissioned by the organiser of the activity rather than the individual.

Controlled activity is support work undertaken by staff like cleaners, caterers, receptionists or administrative  staff with opportunity to access sensitive records about children or vulnerable adults in general health settings, local authorities, day centres, further education etc. It may still be possible for someone who is ISA barred to work in controlled activity under strict safeguards.
Specified Places and the Vulnerable

Specified places include schools, child-care premises and nurseries, children’s care homes, hospitals and detention centres. For vulnerable adults, they routinely include adult care homes, domiciliary care and adult placement schemes.

Vulnerable adults unsurprisingly include those in residential accommodation, sheltered housing or in receipt of domiciliary care. However, an adult who receives “any form of health care” is also deemed to be vulnerable. This means that those who provide dental, optical, reflexology, chiropody, physiotherapy or other health care services need to register.
The Geographical Dimension

The scheme is not uniform throughout the UK; potentially creating additional difficulties. It applies entirely in England and Northern Ireland (albeit through a separate agency there) and substantially in Wales (although controlled activity will not be recognised). There is a parallel scheme and separate legislation governing Scotland. An employee working in both England and Scotland potentially needs two registrations, but barring information will be shared.
Fees

ISA registration including a CRB check costs £64 (£58 in Northern Ireland). Checking a person’s ISA registration online is free, subject to their permission. An employer who wants to track particular employees will have to satisfy their legitimate interest and pay a fee. An enhanced CRB check (only) will be £36 and a standard CRB check will be £31. ISA registration incurs a one-off fee and a registered person’s status will be updated; if an employer wishes to get an up-to-date CRB check as, say, part of a recruitment process, the appropriate CRB fee is paid on each occasion.

Vetting and Barring Scheme Frequently Asked Questions

Q: Individuals can’t register until July 2010 so what happens in the meantime?

Answer: The new “barred” lists are introduced this year and, as an interim measure, enhanced CRB checks will be extended to anyone seeking to work in “regulated” activity from October 2009.

Q: Once in force, can I still take someone on under supervision until they’re registered?

Answer: No. It is illegal to use staff in “regulated” activity prior to registration.

Q: What is the penalty for employing a barred individual in “regulated” activity?

Answer: You could be fined up to £5,000 for failing to carry out a check and face imprisonment of 6 months for knowingly employing someone who’s barred.

Q: Do I have to pay the costs of registration?

Answer: No, not necessarily. The registration is personal to the individual. However, if you already pay for CRB checks or these are existing employees, you may decide to pick up the ISA registration fee. Contact us for advice.

Q: If someone is on the ISA register does that mean they don’t have a criminal record?

Answer: No. Registration only means they’ve fulfilled ISA criteria relating to children and/or vulnerable adults. You may still consider you need an up to date CRB check as part of your recruitment process. Contact our advisors if you need clarification.

Q: How much does it cost to confirm online that someone is registered with ISA?

Answer: It’s free. However, if you wish to track them on an ongoing basis this is chargeable.

Q: Can anyone go online and check out an ISA registration?

Answer: No. Prospective employers can only conduct an online check with approval from the individual. And the online check only reveals if they’re registered – not that they’re barred.

Q: What is the definition of a vulnerable adult?

Answer: An adult is not regarded as “vulnerable” simply because they are old, infirm or disabled. Adults receiving “any form of healthcare” will be deemed “vulnerable” when receiving it. Thus, adults attending an optician, chiropodist, dentist, reflexologist etc are deemed “vulnerable” at that time.

Q: What is the definition of a child?

Answer: A child is a young person under 18 except in an employment setting where they are regarded as adults at 16 – so no registration implications. However, if you employ children under 16 (Saturday staff, news deliverers etc) a nominated individual must take responsibility for their management and supervision and obtain ISA registration.

Q: We do maintenance at different schools throughout the county, does this count?

Answer: Yes. If the work is in a “specified place” and takes place “frequently” (more than once per month), it’s covered. It doesn’t matter that it’s a different school each time; they all count.

Q: I have employees who may provide coaching for children throughout the country. What are the implications?

Answer: They probably need separate registration with ISA and Disclosure Scotland. Check with the relevant national organisation(s).

Q: I employ school cleaners and some of them are refusing to register. What do I do?

Answer: As they are employed in a “specified place”, there will be no choice and, ultimately, both they and you face prosecution if they do not register. Perhaps they require reassurance about the process or can’t afford the fee. Contact us for advice.

Q: Someone I was going to dismiss has left without notice; are there any implications?

Answer: There may be. If the alleged misconduct would, in your opinion, render them unsuitable to work with the vulnerable you have a statutory duty to advise ISA even though the disciplinary process was incomplete. Contact our Advisors if you are uncertain.

Q: I’ve just suspended a care assistant who looks after the elderly; do I tell ISA?

Answer: This will depend on the individual circumstances. You have to balance employment law provisions with the statutory duty to inform ISA. Consider suspension and investigate urgently. If clear evidence emerges that may make them unsuitable to deal with the vulnerable, you may need to report your concerns to ISA and should contact our Advisors urgently for support.

Q: I offer a special deal to pensioners and children at my hairdressers’ salons; do my staff have to register?

Answer: Unless you offer the service at a “specified place” such as a care home rather than in your salon, there is no need for registration.

Q: We clean lots of pensioners houses are we affected?

Answer: You may be. If you are providing domiciliary care services e.g. as agent of the local authority then your staff must register. If, however, a pensioner telephones you and contracts directly for you to clean their house, it’s not compulsory. ISA registration becomes a business decision in such circumstances.

Detailed information is available from:-

* ISA – www.isa-gov.org
* CRB – www.crb.gov.uk
* Scotland – www.disclosurescotland.co.uk
* N. Ireland – www.accessni.gov.uk