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UPDATE ON VETTING AND BARRING SCHEME CHANGES:
As part of the first phase of the Vetting and Barring Scheme, the eligibility criteria for Standard and Enhanced Criminal Disclosures has changed. See further details below.
The first phase of the Vetting and Barring Scheme, administered jointly by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA) came into effect on October 12th, 2009. This scheme was established as a result of the Bichard Inquiry in the wake of the Soham Murders and is intended to safeguard vulnerable groups.
The recent changes are the first in a series of changes that will ultimately lead to the requirement for all individuals working with vulnerable groups to be registered with the ISA. However, ISA registration will not commence until July 2010.
- It is now a criminal offence for individuals barred by the ISA to undertake, or attempt to undertake, work with children or vulnerable adults. It is also a criminal offence for employers to employ a banned individual for this type of work.
- The three former lists of barred individuals (POCA, POVA and List 99) have been replaced by two new ISA barred lists, one for work with children and one for work with vulnerable adults.
- Employers, local authorities, professional regulators and other bodies have a duty to refer to the ISA any information about individuals working with children or vulnerable adults where they consider them to have caused harm or posed a risk of harm.
CHANGES IN ELIGIBILITY CRITERIA FOR CRB CHECKS
The Eligibility Criteria for Standard and Enhanced Disclosures has now changed. Whereas previously Standard Disclosures were suitable for some individuals working with vulnerable groups, this is no longer the case. The Standard Disclosure will now be strictly for regulatory purposes, such as certain positions within the financial sector. Any individual undertaking a Regulated Activity, either through employment or as a volunteer, will require an Enhanced CRB Disclosure.
A Regulated Activity is defined as:
- Activity involving contact with children or vulnerable adults that is of a specified nature (e.g. training, teaching, care, supervision, advice, medical treatment or, in certain circumstances, transport) on a frequent, intensive and/or overnight basis.
- Activity involving contact with children or vulnerable adults in a specified place
(e.g .schools, care homes, etc), frequently or intensively.
- Fostering and childcare
- Certain specified positions of responsibility (e.g. school governor, director of children’s services, director of adult social services, trustees of certain charities).
Note: ‘Frequently’ is defined as one occasion per week or more on an ongoing basis with the same group of children or vulnerable adults.
Note: 'Intensive’ is defined as on four or more occasions in any 30 day period with the same group of children or vulnerable adults.
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