Vetting and Barring scheme to be scrapped
The Deputy Prime Minister has announced plans to scrap the
controversial Vetting and Barring scheme in England and Wales.
However, the changes will require new legislation, so employers
should continue to use current arrangements until new laws are
passed – which will be 2012 at the earliest.
The proposals are contained in a new Protection of Freedoms
Bill, laced before Parliament, which contains wide-ranging measures
to reduce central intrusion on individuals, including scrapping the
central database set up for the Vetting and Barring Scheme.
What’s the current position?
The Vetting and Barring scheme was introduced following the
Soham murders. It involved an additional layer of checks over and
above Criminal records Bureau (CRB) checks for those working with
children or vulnerable adults. However, computer problems meant
that the online database at the heart of the scheme was repeatedly
delayed and has still not been implemented. In addition, the sheer
number of people potentially captured by the scheme – estimates
were upwards of 11 million people at one point – made many people
uneasy. The Scheme would also have required many employees and
tradespeople who only had occasional contact with children to
register on the central database and be subject to continuous
monitoring.
Following the 2010 election, the new Coalition government
promised to scale the scheme back to what it called “common sense”
levels“. The result is a scheme that is being comprehensively
remodelled – and which will bear many similarities to the
equivalent Protecting Vulnerable Groups (PVG) Scheme to be
introduced in Scotland at the end of February 2011.
What’s being proposed now?
The headline proposals are:
- Scrapping “continuous monitoring” of individuals and the
separate database and registration system. Criminal Records Bureau
(CRB) checks will continue to be available and to be necessary for
most workers in the care and education sectors
- Merging the Criminal Records Bureau (which issues criminal
records checks) and the Independent Safeguarding Authority (which
in future will only make barring decisions)
- Changing the definition of “regulated activities” involving
either children or vulnerable adults to reduce the number of jobs
and voluntary posts covered. A much more straightforward list of
activities, mostly involving personal care, is planned
- Abolishing “controlled activities” – which would have applied
to people involved in record-keeping work but having no contact
with children or vulnerable adults
- Making CRB checks portable and updatable. However, current
proposals involve an additional cost which either the employer or
the employee will have to pay, and where an update is required, an
additional CRB check would also need to be paid for.
When will this happen?
The changes can only be made when a new law, the Protection of
Freedoms Bill, is passed by Parliament. The Bill will pass through
Parliament during 2011 and details might change before it is passed
into law. The current timetable is for implementation to begin in
2012, with April or October 2012 as the likely start dates.
What’s the practical impact for employers?
For employers involved in care or education, the new rules will
give them a greater burden to assess the risks associated with
certain job roles within their organisation and to vet their
employees in a proportionate way. The proposals make it clear that
employers cannot rely on the State to provide absolute
safeguards.
For SMEs whose business is not care or education – but whose
activities might involve visiting care or school premises – there
is better news. The biggest impact to these employers will be that
workers and tradespeople will no longer need to be registered or
checked just because they occasionally visit care or school
premises.
What’s the legal position now?
Until the new law comes into force, employers must follow the
rules introduced by the changes that came into effect in October
2009. RBS
Mentor clients can
find further details within MentorLive.
Where can I get more information?
At the moment, the proposals are contained in a Bill which is
likely to be amended by Parliament before it comes into force.
Mentor will keep you up to date with information as it becomes
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