Independent Safeguarding Authority

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Independent Safeguarding Authority

• VETTING BARRING SCHEME
• Sharon Prout
• Professional Services Unit
• ?s.prout_at_unison.co.uk
• www.unison.org.uk/professionalservices

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Background

• This presentation is about the intended
  introduction of the new scheme under the
  Safeguarding Vulnerable Groups Act
• Case purpose to prevent unsuitable people from
  working with children and vulnerable adults
• The Scheme will be introduced in July 2010
• From November 2010 it will be mandatory for new
  entrants and job movers to have ISA registration
  before they start their new posts
• Members of the existing workforce will be phased
  into the scheme from January 2011
• Expected phased roll out to run over a five year
  period

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Background

• Soham murders
• Bichard report
• Safeguarding Vulnerable Groups Act

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The Bichard Report - Recommendation 19

• New arrangements should be introduced requiring
  those who wish to work with children, or
  vulnerable adults, to be registered. The register
  would confirm that there is no known reason why
  an individual should not work with these client
  groups.

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New lists

• Gone
• POVA list
• POCA list
• List 99
• Replaced by
• ISA Vetting Barring registration approved
  list
• Vulnerable adults barred list
• Children barred list

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VBS registration approved list

• You must be on the VBS approved list or register
  to work with vulnerable people (i.e. vulnerable
  adults or children)
• VBS divides work into regulated activity and
  controlled activity
• Employers must check that someone is registered
  with the VBS before employing them to work in a
  regulated or controlled activity
• and it will be unlawful to employ them if they
  are not registered
• Includes paid employees and volunteers
• VBS applies TO England, Wales and Northern
  Ireland. An aligned Protection of Vulnerable
  Groups scheme is being considered in Scotland

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Cost to individual

• The Scheme anticipate that you will pay only once
  to register
• England Wales 64
• Northern Ireland 58
• Scotland not assessed
• Includes an Enhanced CRB check
• Those only in voluntary work in England and Wales
  do not have to pay
• Volunteers in specified organisations in Northern
  Ireland do not have to pay

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Regulated activities

• Regulated activity is paid or voluntary work of a
  specified nature involving contact with
  vulnerable people (e.g. nurse, social worker,
  teacher, paramedic)
• Any activity allowing contact (e.g. after school
  club worker)
• Fostering
• Any activity which involves defined positions
  (e.g. school governor)

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Controlled activities

• Controlled activity means paid or voluntary
  support work where there is frequent access to
  sensitive education, health and social care
  records about children and vulnerable adults
  (e.g. school and hospital secretaries)
• Frequent or intensive support in general
  healthcare settings and FE (e.g. cleaners,
  catering staff, caretakers, receptionist)
• Support workers in adult social care settings
• Note Frequent is once a month intensive is 3 or
  more days in any 30 day period

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When to register with the VBS

• All people starting in regulated activity or
  moving to a new role can register from 26 July
  2010, and must from 01 Nov
• All people in regulated activity must register
  between Feb 2011 25 July 2015 (phased)
• 01 Nov 2010 Legal requirement on employers to
  check new roles
• All people in controlled activity must register
  between 26 July 2014 25 July 2015

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How to register with ISA

• Get registration form from employer or ISA web
  site
• Attach registration fee to application (except
  volunteers)
• Submit application form via employer or direct to
  CRB
• CRB/ISA checks information held against you, all
  soft information is now recorded on a CRB
• If there is no information indicating you pose a
  risk to vulnerable people, you get a unique
  registration number
• You are cleared to work, subject to continuous
  VBS monitoring

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Unsuccessful application to ISA register

• If the CRB find information that affects
  registration, this is passed to VBS experts for
  assessment.
• VBS experts will go through the information using
  the Barring Decision Process which includes an
  Initial assessment, Evidence evaluation and Case
  assessment. If after these processes they feel
  there is a case to answer, VBS will inform the
  individual who then has 8 weeks to make
  representations in writing as to why they should
  not be barred
• If these representations are rejected the
  individual will be placed on the Barred List
• Individuals can only appeal to Care Standards
  Tribunal on a point of law or finding of facts

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Barred lists

• Two lists will exist
• A list of people barred from working with
  children
• A list of people barred from working with
  vulnerable adults
• Some individuals may be placed on both lists

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Barring implications

• It will be a criminal offence for a barred person
  to work with vulnerable adults and/or children
• It will be a criminal offence to employ someone
  in a regulated or controlled activity if they are
  barred
• However an employer can permit a individual
  barred from working in Regulated Activity to work
  in a Controlled Activity only if sufficient
  safeguards are put in place by the employer

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How someone is barred

• By migration from existing PoVA list, PoCA list
  and list 99 (since January 2009)
• Following ISA decision not to register on the VBS
  approved list
• ISA will bar from the VBS following referral
  from employer, professional regulator, protection
  teams, police, or other relevant authority
• Note Parents, private employers and members of
  the public may also refer relevant information to
  ISA, however their information should be referred
  to a statutory agency e.g. Social Services or the
  Police or other authority the authority will
  investigate the matter and refer information to
  ISA if appropriate

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Referrals for ISA - barring

• Legal obligation to refer
• Protection teams adult children
• Professional bodies supervisory authorities
• Personal suppliers e.g. agencies education
  authorities
• Can be fined for failure to report without valid
  reason
• All other employers of those who work with
  children or vulnerable adults doesnt have to
  include some e.g. domiciliary private employers

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Barring decisions

• Autobar automatic inclusion on barred list
  with no representations or appeal (includes
  serious sexual offences)
• Autobar with representations inclusion on
  barred list with right of appeal to the Care
  Standards Tribunal
• Discretionary assessment of behaviour / risk of
  harm with right of appeal

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Barring appeals

• All appeals against a decision of the ISA will be
  considered by the Administrative Appeals Chamber
  of the Upper Tribunal.
• You can download the appropriate appeal form
  guidance on appealing to the Upper Tribunal from
  the web site
• www.carestandardstribunal.gov.uk
• Application for review of Barred status a newly
  barred person will be first able to request
  permission to seek a review after a set period
  after being barred.
• 1 year if they were aged under 18 when barred, 5
  years if they were 18 24 when barred, 10 years
  if over 24

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House of Lords Judgement

• Their Lordships found that provisional listing
  under the PoVA/PoCA scheme was in breach of the
  Human Rights Act articles 6 and 8
• Whilst they received no evidence on the VBS
  process they articulated what representation
  meant this could have implications for the VBS

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UNISON TU Principles

• Cost of VBS should not be borne by the applicant
  / registrant
• Current proposals could impact disproportionately
  on low paid women workers
• VBS process duplicates aspects of regulation, so
  unions believe those already on a professional
  register need not be covered by VBS
• Insists on right to a fair hearing
• Data must be secure the systems must have the
  confidence of those who work with children
  vulnerable adults

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UNISON actions

• Contacted and met with ministers
• Established a cross service group project plan
• Established a wide TUC coalition including all
  health unions and NUT
• Set up regular meetings with the ISA CEO
• Establishing a training programme and is
  undertaking briefings in every region
• Including VBS on the agenda of every conference
  and service group

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Action for branches

• Negotiate payment of VBS registration fee
  redeployment pending registration appeals and
  after barring
• Ask employer to arrange joint briefings
  identify post for processing VBS registration
  applications provide list of affected employees
• Branch briefings for members and reps
• Include VBS in local newsletters
• Raise the issue within regional councils to
  ensure service groups are working together at
  regional level
• Use VBS registration and barring as recruitment
  tool

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Further information

• www.unison.org.uk/professionalservices
• www.isa-gov.org.uk
• www.carestandardstribunal.gov.uk