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NEW LEGISLATION TO PROTECT THE VUNERABLE
Date: 17-06-2008
The Safeguarding Vunerable Groups Act 2006 was formulated following the recommendations of the Bichard Enquiry, post Soham. It consolidates the processes utilised in vetting persons seeking employment in the childcare and vunerable adults arena. It is a complex piece of legislation for all those associated with the employment of persons working with children & young persons and vunerable adults. We await the publication of the associated regulations and guidance, which will implement the Act's processes.
The legislation will affect up to 10 million workers and officials employed in specified areas or posts.
One of the main planks of the new Act is the formation of the Independent Barring Board. Its function will be to maintain and update a list of persons who will not be permitted to work in specified circumstances, (regulated activity), with children or vunerable adults. This list wil be available to employers via the CRB, who will have to include the status of a barred individual in the CRB disclosure certificate. Another important development will be the continuous updating of barred persons on the databases at the CRB. It is anticipated that the CRB will be required to notify an employer (or their employer's Umbrella Body) if an existing employee has subsequently been put on the list of barred persons.
When the new process is initiated, there will be a significant increase in the demand for Enhanced CRB checks. This is set against the background of an already 13% increase in CRB checks above the anticipated 2006 total.
The Bichard enquiry expressed concern at the number of Registered Bodies entitled to CRB disclosure information. Bichard felt the numbers (in excess of 14,000) prevented good governance around the process. As a result, the CRB has already started to reduce the number of Registered Bodies. This reduction will mean an increase in work for Umbrella Bodies, such as GSL Employment Screening & Validation Services. It is believed that many organisations will seek to outsource their CRB checking service.
To add to the volume issue, the CRB recently decided to withdraw the Portability service. No longer can existing disclosures be validated by a new employer in the manner that they were. A person employed in a regulated position will be required to undergo a CRB check each time they change employment. This will be particularly the case in Education. The Department of Education's decision in May 2006, that all new school employees should undergo an Enhanced CRB check also impacts on the volume of checks processed by and on behalf of the CRB.
Given the new criteria requiring checks on a new and wide range of posts outlined in the new Act, all those involved in the process are gearing up to meet the challenge. At GSL our Employment Screening & Validation Services team is prepared to meet the expected increase in demand for pre-employment screening and processing Enhanced CRB checks.
Summary of Provisions of SVG Act 2006
1.
Independent Barring Board - Establishes an Independent Barring Board with responsibility for maintaining records of those deemed to be barred from working with children or vunerable adults.
2.
Integration of Lists - The records of barred persons will replace Protection of Children Act (POCA) List, Protection of Vunerable Adults (POVA) List and List 99.
3.
Definitions - Creates clarity around the definitions and working activity viz.
1. Barred person
2. Children
3. Vunerable adults
4. Regulated activity
5. Controlled activity
4. Offences - Creates offences for companies, agencies and individuals if they allow a barred person into a relevant workforce.
5. Regulated Activity - The Act defines the nature of regulated activity in the context of those who work with children and vunerable adults. The activities cover teaching, supervision, childminding, advice and guidance in relation to physical and emotional welfare. It specifies when a person is deemed to be engaged in regulated activity and identifies posts for which vetting is mandatory.
6. Controlled Activity - Covers areas of working with children where there is less direct contact. The criteria is specified in the Act but the activity is generally that undertaken by support staff where there is no substantial unsupervised access.
7. Volunteers - All volunteers who engage in regulated or controlled activity must be subject to checking.
8. Continuous Monitoring - The new act will allow for all new information on a subject to be referred to the Independent Barring Board. They can then make an informed decision on whether to bar. All registered employees will be notified of any decision to subsequently bar one of their employees.
