Vetting and Barring Scheme Update 22-07-2008

Date: 22-07-2008

The following information will hopefully enable you to understand the terms " regulated activity" and " controlled activity" which are used in the Safeguarding Vulnerable Groups Act 2006

This information will help you assess where your staff may fit into the scheme.

Regulated Activity

The Safeguarding Vulnerable Groups Act 2006 uses this term to mean activities which involve close contact with children or vulnerable adults. it also relates to activities in specific places such as schools or hospitals and places where children and the vulnerable can rightly expect to build a relationship of trust with an employee over a period of time.

1. An activity can only be 'regulated' when it is ' intensive' - happens more than 2 days every 30 days- or is 'frequent'- happens once a month or more.The Act does not differentiate between volunteer, unpaid or paid roles.               

Schedule 4 to the Act defines regulated activity as:

2. Any activity which involves contact with children and/or vulnerable adults and is of a specific nature i.e. teaching, training or instruction; care or supervision ; advise or guidance; treatment or therapy; transport; and chat-room moderation
 

3. Any activity which involves contact with children and/or vulnerable adults and is in a specified place e.g. school, care homes
 

4. Fostering or childminding
 

5. Certain defined positions of responsibility, e.g. school governor, director of social services, trustees of children and vulnerable adults charities.

Controlled activity applies to ancillary workers rather than those who carry out regulated activity, for example posts that provide access to records or sensitive information about children or vulnerable people.

Controlled activity applies to further education, health care, social care and to family court proceedings. Some slight differences are being considered within Wales for controlled activity.

Once the ISA Scheme is in force, for both Regulated and Controlled Activity, employers must check that a person is registered. However, it is possible to employ a barred person into a controlled activity provided there are adequate safeguards in place. This is likely to involve carrying out a risk assessment on the position so as to ensure contact is not made with children or vulnerable adults.

Using these definitions it is estimated that the ISA scheme could cover more than 11.5 million workers in the UK.

We will bring you further news in relation to The Vetting & Barring Scheme as we get it.

As an Umbrella Body with the CRB and Disclosure Scotland GSL ESVS will be in a position to help old & new clients to manage their  responsibilities under the Scheme which will commence on 12th October 2009