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AoCCEL Clerks Conference

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richard.sykes_at_mills-reeve.com. Safeguarding vulnerable groups the new law. Agenda ... mills-reeve.com. Telephone: 0870 600 0011. Mills & Reeve is regulated ... – PowerPoint PPT presentation

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Title: AoCCEL Clerks Conference


1
AoC/CEL Clerks Conference 30 April
2007 Safeguarding Vulnerable Groups the new
law 30 April 2007 Richard
Sykes Associate (Barrister) 01223
222459 richard.sykes_at_mills-reeve.com
2
Safeguarding vulnerable groups the new law
  • Agenda
  • The current law in brief
  • The concepts behind the new law
  • How the new law works
  • The new law the technical bits
  • The new law practical issues

3
The current law (in brief)
  • s.175 Education Act 1996
  • The governing body…shall make arrangements for
    ensuring that their functions relating to the
    conduct of the institution are exercised with a
    view to safeguarding and promoting the welfare of
    children receiving education or training at the
    institution.
  • Safeguarding Children and Safer Recruitment in
    Education (DfES 2006)

4
The current law (in brief)
  • Education (Prohibition from Teaching or Working
    with
  • Children) Regulations 2003 (as amended)
  • Obligation on College to provide information to
    DfES where ceases (or would have ceased) to use
    persons services
  • On the ground that the person is unsuitable to
    work with children
  • On a ground relating to the persons misconduct
  • On a ground relating to the persons health which
    raises an issue concerning the safety and welfare
    of children

5
The current law (in brief)
  • Further Education (Providers of Education)
    (England) Regulations 2006
  • Obligation on college to check the following on
    all new members of staff working in a teaching
    position
  • Identity
  • Entitlement to work in UK
  • Compliance with staff qualification requirements
    (teaching and health)
  • List 99
  • CRB disclosure (if entitled)
  • Exemption from List 99 and CRB checks if
    conditions over previous work met
  • Obligation to keep a single central record of
    teachers and checks carried out
  • Obligation to obtain details of checks done on
    agency staff

6
The current law (in brief)
  • Vulnerable adults
  • Care Standards Act 2000

7
The current law (in brief)
  • The Rehabilitation of Offenders Act 1974
  • Spent convictions
  • Exemption from provisions on spent convictions
    when considering persons suitability for a post
  • Normal duties of the post include
  • Work in an education institution wholly or mainly
    for full-time education of children
  • Caring for, training, supervising or being in
    sole charge of children
  • Unsupervised contact with children under
    arrangements made by responsible person
  • Supervising/managing a person in a regulated
    position

8
Safeguarding Vulnerable Groups Act 2006
  • THE BIG IDEA
  • Recommendation 19 of the Bichard Report
  • New arrangements should be introduced requiring
    those who 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.

9
SVGA 06 concepts behind the law
  • Establishes Independent Barring Board to
    administer decisions needed to meet Bichard
    recommendation 19
  • IBB replaces Ministers in making decision over
    inclusion on barred list
  • List 99, POCA and POVA replaced by two lists
    operating under a new system
  • Extended access to these two lists administered
    by CRB
  • Introduces a monitoring system for those involved
    in regulated activities
  • Introduces controlled activities not requiring
    monitoring

10
SVGA 06 how it works (put very simply)
  • Employers, courts and others provide information
  • IBB decides whether a person should be on a
    barred list (the childrens or the adults barred
    list)
  • Before appointing someone to a regulated or
    controlled activity, the relevant list(s) must
    be checked
  • Someone doing a regulated activity must be
    monitored

11
SVGA 06 whats a child?
  • s.60
  • A person who has not attained the age of 18

12
SVGA 06 whats a vulnerable adult?
  • s.59
  • Over 18 years old and
  • Receiving care or nursing or
  • In sheltered housing or
  • In lawful custody or
  • Receives/participates in services/activities
    especially for
  • Needs resulting from age
  • Disability
  • Pregnant/new mother in certain accommodation or
  • Requires assistance in conduct of own affairs
    or
  • Receives any form of health care

13
SVGA 06 controlled activity FECs
  • A Children
  • An activity
  • Carried out in FE College
  • Carried out by the same person frequently or
    gt2/30 days
  • Carried out while engaging in any form of work
  • Carried out for, or in connection with, purposes
    of institution
  • Giving the person the opportunity to have any
    form of contact with children

14
SVGA 06 controlled activity FECs
  • B Vulnerable adults
  • Unlikely to apply

15
SVGA 06 regulated activity FECs
  • A Children schedule 4, part 1 (extract)
  • Either
  • A specified activity (see next slide)
  • Carried out frequently or on gt2/30 days by the
    same person, or between 2am and 6am and face to
    face
  • Or
  • Carried out in education institution exclusively
    or mainly for full-time education of children
  • Carried out while engaging in any form of work
  • Carried out for, or in connection with, purposes
    of institution
  • Giving the person the opportunity to have contact
    with children
  • Carried out frequently or on gt2/30 days by the
    same person, or between 2am and 6am and face to
    face
  • Or
  • The day to day management/supervision (on a
    regular basis) of someone carrying out either of
    the above

16
SVGA 06 regulated activity FECs
  • A Children
  • Specified activities include
  • Any form of teaching, training or instruction, or
    care or supervision of children unless merely
    incidental to that provided to adults
  • Any form of advice or guidance wholly or mainly
    for children, relating to physical, emotional or
    educational wellbeing
  • Any form of treatment or therapy provided for a
    child

17
SVGA 06 regulated activity FECs
  • B Vulnerable adults schedule 4, part 2
    (extract)
  • One of
  • Any training, teaching or instruction provided
    wholly or mainly to vulnerable adults
  • Any care for or supervision of vulnerable adults
  • Any form of assistance, advice or guidance
    provided wholly or mainly for vulnerable adults
  • Carried out frequently or gt2/30 days by the same
    person or between 2am and 6am and face to face

18
SVGA 06 criminal offences
  • Barred person engaging in regulated activity
  • Engaging a barred person in regulated activity
  • Allowing person to engage in regulated activity
    without checking that they are subject to
    monitoring
  • Engaging in regulated activity without subjecting
    self to monitoring
  • Allowing person to engage in regulated activity
    without ensuring that they are monitored for that
    activity
  • Failing to report reasons for dismissal/resignatio
    n when required

19
SVGA 06 key obligations
  • Controlled activity
  • Must check worker is not on barred list
  • May appointed barred person with safeguards
  • Regulated activity
  • Must check worker is not on barred list
  • Must be subject to monitoring (a member of the
    Vetting and Barring Scheme)
  • College must inform IBB
  • If dismissed, or would have dismissed, person
    because they harmed or, would have harmed, or may
    harm a child or vulnerable adult

20
Practical issues
  • Fees for
  • College to check barred list in respect of
    individual (in addition to CRB fee)
  • Individual to join Vetting and Barring Scheme
  • CRB provide access to barred lists and Vetting
    and Barring Scheme
  • Existing staff will have to join the Scheme
  • Trainee students (aged 16) in regulated
    activities will have to join the Scheme
  • Does not replace CRB checks and safe recruitment
    procedures
  • Comes into force Autumn 2008

21
Useful web links
  • Safeguarding Children Safer Recruitment
  • http//publications.teachernet.gov.uk/default.asp
    x?PageFunctionproductdetailsPageModepublication
    sProductIdDFES-04217-2006
  • Vetting barring scheme
  • http//www.everychildmatters.gov.uk/socialcare/sa
    feguarding/vettingandbarring/

22
CORPORATE SERVICES ? INSURANCE ? PRIVATE
CLIENT ? REAL ESTATE ? PUBLIC LAW B I R M I
N G H A M ? C A M B R I D G E ? L O N D O N ?
N O R W I C H www.mills-reeve.com Telephone
0870 600 0011 Mills Reeve is regulated by
the Law Society
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