News
Employment Law Update (January 2010)
Vetting & Barring changes
Changes have been made to the Vetting and Barring scheme - which
affects those working with children and vulnerable adults in
England and Wales – following a report into aspects of the scheme
by Sir Roger Singleton, the Chairman of the Independent
Safeguarding Authority (ISA). The dates and details of the
equivalent scheme in Scotland have yet to be announced.
New definition of "regulated activities"
On 14th September 2009, following a media outcry
against the impact of the Vetting and Barring Scheme (and in
particular how the new "regulated activities" definition would
impact on volunteers working with children) Sir Roger Singleton,
the Chairman of the Independent Safeguarding Authority (ISA) was
asked by the Government to review the definition of "regulated
activities".
His report was published on 14th December 2009. The
Government immediately announced that it would accept all of the
key recommendations.
The most significant change for employers is the new definition
of "regulated activities" – those jobs covered by the Scheme. The
question of whether a job role is "regulated activity" depends on
the degree of contact with children or vulnerable adults the job
involves. This is measured by whether contact is "frequent" or
"intensive" or "overnight". These definitions have now been changed
as follows:
- "frequent" activity is now defined as activity which takes
place once a week or more, rather than once a
month or more as previously;
- "intensive" activity" is now defined as activity which takes
place four days a month or more, rather than 3
days as previously.
- "overnight" provisions are unchanged – i.e. between 02.00 and
06.00 in the morning.
Although the Singleton Report dealt with the impact of the
Scheme on those working with children, it is expected that the ISA
will amend the definition in respect of those working with
vulnerable adults too.
The effect of the changes will be to take many people outside
the strict definition of "regulated activities" – although it is
likely to have less impact on employees than on volunteers. If the
activity was "regulated" according to the old rules, it is very
likely to fall within the new definitions and be "regulated"
according to the new rules.
Other recommendations
Other changes recommended by Sir Roger Singleton include clearer
guidance regarding volunteers and private arrangements made by
parents.
Finally, Sir Roger Singleton asks the Government to consider
discarding the "controlled activities" definition altogether. The
provisions on "controlled activities" affect certain ancillary and
support jobs and have not yet fully come into force. The Singleton
report suggests this additional category of activities – which will
allow barred individuals to do certain work subject to risk
assessment and supervision – is confusing and largely irrelevant to
employers. The Report also points out that the Welsh Assembly
Government intends to apply a bar to working in controlled
activities to many individuals barred from working in regulated
activities.