Vetting and Barring – the background, new rules and changes to CRB disclosures, and loopholes
Current regulations
Anyone working for Special People North (and so with children or vulnerable adults), is required to have the enhanced level of CRB Disclosure.
But we have to realise that a CRB Disclosure is rather like an MOT certificate on a car. It is a ‘snapshot’, showing that nothing is known at that time. An MOT is not a guarantee that a car is roadworthy, and a Disclosure certificate is not a guarantee that an employee is not a potential abuser.
The major concern, the nightmare scenario, is the risk of employing a member of staff who is a danger to children or vulnerable adults, but who has not yet been caught.
The background
Many of us will remember the summer of 2002, when the whole nation shared the dashed hopes and anguish of the community of Soham in Cambridgeshire when the bodies of Holly Wells and Jessica Chapman were found. The subsequent arrest and trial of Ian Huntley brought to light weaknesses in the recruitment process which had been deployed when Huntley was appointed caretaker of Soham Village College. Huntley was living with Maxine Carr, who was employed as a teaching assistant at the primary school which Holly and Jessica attended; it was the girls’ acquaintance with Carr that led them to the disastrous encounter with Huntley.
The subsequent Bichard Inquiry resulted in a new scheme - The Vetting and Barring Scheme - and is central to a new framework which enables information sharing to support public protection.
The new scheme
The new Independent Safeguarding Authority will operate the Vetting and Barring Scheme. Once fully operational, the Vetting and Barring Scheme will require all those involved in working with children or vulnerable adults (which is now called “a regulated activity”) to register and have their registration status checked. Those who become registered will be provided with a unique reference number and we will verify a potential employee's membership before allowing them to start work.
When does it start?
From July 2010 all new employees and volunteers working with children or vulnerable adults can register for the new Vetting and Barring Scheme (VBS). From November 2010 it will be illegal to start people who are not registered with the Scheme.
The differences
The crucial differences between the new system and the old are:
• Prospective staff are required to register with the ISA before they take up or move to a post where they will be working in a regulated activity.
• Not to do so will be a criminal offence.
• Special People North as an employer must check the registration of all of its new employees with the ISA. Failure to make the check will also be a criminal offence.
• If at any time a registered individual is suspected of involvement with inappropriate activities, we will have to inform the ISA, and the ISA will follow this up and may decide to bar the individual.
The benefits, therefore, are that:
• We may have a greater degree of confidence about employees, who will have had to commit themselves to being investigated before they start work in regulated activity (this would hopefully be a deterrent to potential abusers).
• The check made by the ISA will be more robust, as a result of better inter-agency intelligence; and
• As with all employers, Special People North would not need to re-check Disclosures every three years (as is currently best practice) because we would be notified automatically if an employee’s registration has been revoked.
MAJOR LOOPHOLE
The ISA has made it very clear that the Scheme does not extend to “personal and family relationships” including:
• Those employed (e.g. home tutors, personal assistants) by domestic employers (e.g. parents).
• The self-employed (e.g. sports coaches)
• People who receive direct payments from social services.
The ISA is also saying that a barred person must not work in regulated activities – but if a family doesn’t have to check the ISA register how will they know?
Therefore families deciding to employ a Personal Assistant themselves, will not have to check the ISA register and in our view this is a significant loophole that barred individuals or potential offenders will find.
How Special People North can help
By engaging with Special People North, where as the employer we will always check the ISA register, the risk of falling through the loophole is eliminated. Additionally we as employer will handle all the recruitment procedures, ensure compliance with discrimination legislation, process the payroll, report to and pay HMRC as and when necessary, and provide full employers and public liability insurance. Where required we can also handle direct payments via a managed bank account. All as a part of our service to provide appropriate high-quality dependable domiciliary respite care. Why would a family take a risk and do all this themselves when we at Special People North can do it all for you?
If you'd like to receive email updates when we post articles, just let me know by emailing joy@specialpeoplenorth.org.uk and as ever if you need to call please do so on 07774 230168.
Resources:-
Workplace Law Network
HM Government - The Vetting and Barring Scheme Guidance March 2010
ISA referral Guidance document
ISA website www.isa-gov.org.uk
