Northern Ireland Safeguarding Vulnerable Groups Scheme

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Northern Ireland Safeguarding Vulnerable Groups
Scheme
A presentation by the SVG Implementation
Team Eilís McDanielPamela MallonJulie
Stephenson
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Background

• Safeguarding Vulnerable Groups (NI) Order 2007 -
  Royal Assent 2 May 2007
• Mirrors Safeguarding Vulnerable Groups (SVG) Act
  2006
• Replaces and extends current workplace
  safeguarding arrangements under POCVA and DE
  Regulations
• Response to Bichard Inquiry report, specifically
  recommendation 19

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Bichard Findings

• Inconsistent decisions made by employers on basis
  of criminal record disclosures
• Disclosure information certain on day of issue
  only
• Inconsistencies in number of barring lists
• Barring systems reactive to harmful behaviour
  rather than preventive
• Inconsistencies in the disclosure of police
  information

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Nature and Aim of the SVG Scheme

• Membership Scheme for those with significant
  access to children or vulnerable adults
  regulated/controlled activity
• Minimise the risk of harm in work environments
  (paid or unpaid)
• Preventing entry or removing when harm/risk of
  harm is demonstrated or proven
• Independent Safeguarding Authority (ISA)

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Scope of the Scheme

• Defined in the SVG Order
• Regulated Activity or
• Controlled Activity
• Requirements of the Scheme will apply to
  employers/employees who come within scope

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What is regulated activity?

• Any activity which involves contact with children
  or vulnerable adults and is of a specified nature
  (e.g. teaching, training, care, supervision,
  advice, treatment or transport) frequently,
  intensively and/or overnight
• Any activity allowing contact with children or
  vulnerable adults and is in a specified place
  (e.g. schools (including nursery schools), care
  homes, childcare premises etc) frequently or
  intensively
• Fostering, childminding (in domestic premises)
  and daycare provision
• Certain defined positions of responsibility (e.g.
  school governor, director of social services,
  trustees of certain charities)
• No distinction is made between paid and voluntary
  work

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Regulated Activity Duties and Responsibilities

• To undertake regulated activity an individual
  must be ISA-registered
• An employer must check that a prospective
  employee who is in regulated activity is
  ISA-registered
• An employer must not engage in regulated activity
  a person who is not ISA-registered.
• An employer must not engage a person who has been
  barred by the ISA in regulated activity
• Personal and family relationships are not
  covered.

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Domestic Employment Circumstances

• Those employed (e.g. nannies and care workers)
  by domestic employers (e.g. parents and carers)
• The self-employed (e.g. music teachers)
• Note
• It will not be mandatory for employers in
  domestic circumstances to check their employees,
  but they may
• A barred person must not engage in this
  employment

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What is Controlled Activity?

• Tightly defined
• Ancillary support workers in FE, the Health
  Service and adult social care settings (e.g.
  cleaner, caretaker, catering staff, receptionist)
  with frequent or intensive contact with children
  or vulnerable adults
• Those working for specified organisations (e.g. a
  ELB, HSS Body, CCEA) with frequent access to
  sensitive (health, educational or personal social
  services) records about children or vulnerable
  adults
• Note
• It will be mandatory to check the ISA status of
  individuals in controlled activity (requirement
  will be established in regulations)
• A barred person can be employed in controlled
  activity, providing safeguards have been put in
  place.

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Employer Duties - Referrals

• Employers, professional and regulatory bodies,
  and child/adult protection teams in HSS Trusts
  will be under a duty to refer relevant
  information to the ISA (Part I Schedule 1)
• All employers of those working with children
  and/or vulnerable adults may refer any other
  information regarding an individuals conduct to
  the ISA (Part III Schedule 1)
• Parents/private employers should go to a
  statutory agency who can investigate and refer if
  appropriate (e.g. social services or the police)
• The Independent Safeguarding Authority will
  inform professional and regulatory bodies when it
  bars someone, so that their professional
  registration can also be reviewed

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What Employers need to know

• You must not employ anyone to carry out regulated
  activity who is not ISA-registered if you do
  you are breaking the law and can be imprisoned or
  fined
• The SVG Scheme will be phased in over a 5-year
  period
• You will always need to check a persons ISA
  status before employing them you cannot take
  their word for it and you cannot have them in
  post, even supervised, before you know the
  outcome of that check
• You will still need to carry out criminal record
  checks through AccessNI on some employees,
  depending on the post they are applying for
  employer discretion, policy or legislative
  requirement
• Once you have registered your interest in an
  individual as their employer, you will be
  contacted if they are subsequently barred

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What Employees need to know

• If you want to work with children or vulnerable
  adults, you will have to apply to become
  registered with the ISA
• There will be a cost to apply who pays this
  will be up to you and your employer (unless you
  are a volunteer)
• You will need proof of your identity
• You will need to apply before you start working
• But you will only need to apply once, and pay
  once
• ISA-registered employees subject to continuous
  monitoring

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The Role of the Independent Safeguarding Authority

• The Independent Safeguarding Authority will
• Decide who to place on the barred lists and
  maintain the barred lists
• Consider representations
• Staff and Board - a balance of expertise

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Barring Routes

• Auto Bar without representation
• Auto Bar with representation
• Bar based on case assessment

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Continuous Monitoring

• The status of individuals will be continuously
  updated on receipt of new information, such as
  new convictions or referrals from employers
• Employers will be notified, where they have
  registered an interest, if the status of their
  employee changes
• Scheme membership is portable

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On-line Checking
Scheme Member
Not barred

• Online Status checking

Not applied
Not a Scheme Member
Voluntarily withdrawn
BARRED
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Link with AccessNI

• New Criminal History Disclosure Service for
  Northern Ireland
• In operation from 1 April 2008
• Process ISA Applications in Northern Ireland
• Gather and provide relevant information disclosed
  as part of application process to ISA

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Costs and Start Date

• 58 2 elements
• October 2009

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Next Steps

• Secondary Legislation
• Guidance
• Stakeholder Engagement

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Next Steps

• Awareness Raising Events
• Web Site
• Information Sheet

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• Thank You
• Safeguarding Vulnerable Groups Order
  Implementation Team