Northern Ireland Vetting and Barring Scheme VBS

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Northern IrelandVetting and Barring Scheme (VBS)

• The Safeguarding Vulnerable Groups Order
  Implementation Team
• Pamela Mallon
• DHSSPS

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Context Bichard Inquiry

• Critical of inconsistencies in vetting and
  barring decision-making at the time of the Soham
  murders (barring decision-makers, police,
  employers).
• Barring systems reactive to harmful behaviour
  rather than preventative.
• Disclosure information certain on day of issue
  only.
• VBS specific response to recommendation 19 of the
  Inquiry report.

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What is the Vetting and Barring Scheme?

• The Vetting and Barring Scheme (VBS) will be
  established under the Safeguarding Vulnerable
  Groups (NI) Order 2007 from October 2009.
• Membership scheme for those with significant
  access to children and/or vulnerable adults.
• Registration and monitoring is aimed at
  preventing unsuitable people from working or
  volunteering with children and/or vulnerable
  adults.
• Will ensure an individual is removed from
  working/volunteering with vulnerable groups when
  harm/risk of harm is demonstrated or proven.

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What is the Vetting and Barring Scheme?

• New Independent Safeguarding Authority (ISA)
  central to the VBS ISA will provide independent
  decision making.
• Replaces POCVA and DE regulations and extends
  existing arrangements.
• Equivalent arrangements across the UK.

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Who comes within scope of the VBS?

• VBS is defined in terms of regulated or
  controlled activity
• Work in regulated or controlled activity
• Paid employees
• Volunteers
• New entrants to the workforce
• Existing workforce
• Work placement students (age 16)
• Those coming to work in Northern Ireland from
  elsewhere

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What is Regulated Activity

• Involves contact with children or vulnerable
  adults and is
• of a specified nature (e.g. teaching, training,
  care, supervision, advice, treatment or
  transport) . frequently or intensively
• in a specified place (e.g. schools, care homes,
  childcare premises, young offenders
  institutions, etc.) frequently or intensively
  or
• a defined position of responsibility (e.g. school
  governor, director of social services, trustees
  of certain charities) or
• fostering, childminding and day care provision
  or
• manager/supervisor of worker in regulated
  activity.

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What regulated activity means

• To undertake regulated activity an individual
  must be ISA-registered.
• An employer/volunteer manager must not engage in
  regulated activity a person who is not
  ISA-registered.
• The employer/organisation must check that a
  prospective employee/volunteer who will be in
  regulated activity is ISA-registered.
• A barred person must not undertake regulated
  activity.

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Definition of Controlled Activity

• Ancillary support workers in particular settings
• FE, the Health Settings (primary and secondary)
  and adult social care settings (e.g cleaner,
  caretaker, receptionist)
• Those working for specified organisations with
  frequent access to health, educational or
  personal social services records about children
  or vulnerable adults or those with access to
  records of family court proceedings.
• Specified organisations include ELB, HSS Body,
  CCEA

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What controlled activity means

• It will be mandatory to check the ISA status of
  individuals in controlled activity (to establish
  whether a person is barred).
• A barred person can be employed in controlled
  activity, provided safeguards have been put in
  place (for example, repeat enhanced disclosures,
  risk assessments).
• Controlled activity does not apply to District
  Council settings

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What workers need to know

• If you want to work with children or vulnerable
  adults in regulated activity you must be
  registered with the ISA.
• There will be a cost for registration.
• You will need to register before you start
  working.
• You apply once and pay once.

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Process of ISA registration

• AccessNI will process ISA applications.
• AccessNI will gather and provide to ISA relevant
  information disclosed as part of the application
  process.
• The cost will be 58.
• In many cases volunteers will pay nothing for ISA
  registration.

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What employers need to know

• You must not employ anyone to carry out regulated
  activity if they are not ISA registered if you
  do you are breaking the law and can be fined.
• If you knowingly employ a barred person to work
  in regulated activity, you will commit an offence
  and can be imprisoned or fined.
• You will always need to check a persons ISA
  status before employing them in regulated or
  controlled activity.
• You will be able to check if an individual is ISA
  registered by conducting a free on-line check
  with his/her consent.
• You cannot have them in post, even supervised,
  before you know the outcome of the check.
• no distinction between staff members and
  volunteers

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On-line Checking
Scheme Member
Not barred

• Online Status
• checking

Not applied
Not a Scheme Member
Voluntarily withdrawn
BARRED
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Continuous monitoring

• All ISA registered individuals are subject to
  continuous monitoring.
• Continuous monitoring will ensure that any
  relevant information is flagged and passed to
  ISA.
• On receipt of new information the ISA will review
  the individuals ISA status.
• ISA registered individual will be notified of a
  change in ISA status.

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Employer Registration of Interest

• Employers will register an interest in the status
  of their employee/volunteer.
• Employers who have registered an interest will be
  notified if the status of their
  employee/volunteer changes.
• The ISA will inform professional and regulatory
  bodies when it bars someone, so that their
  professional registration can also be reviewed.

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Duties to refer to the ISA

• Employers, personnel suppliers, professional and
  regulatory bodies, and HSC Trust child/adult
  protection teams must refer relevant information
  to the ISA.
• In other circumstances, employers may refer
  information regarding an individuals conduct to
  the ISA.
• Parents/private employers should go to a
  statutory agency (e.g. social services or the
  police).

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When MUST an employer refer

• An organisation must refer in the following
  circumstances
• If an employee/volunteer is dismissed or moved
  from regulated activity because they have engaged
  in relevant conduct towards a child or vulnerable
  adult.
• If an employee/volunteer has been removed from
  regulated activity for engaging in relevant
  conduct.
• If an employee/volunteer under investigation for
  engaging in relevant conduct resigns before a
  disciplinary investigation is complete.

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When MAY an employer refer?

• If employers/volunteer managers have other
  concerns about an individuals behaviour that
  doesnt reach the mandatory benchmark he/she MAY
  be reported to the ISA.
• If employers/volunteer managers have serious
  concerns about an individual whom they do not
  employ/manage, they MAY report him/her to the
  ISA.
• The ISA will consider all relevant information.

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Process for referring

• Referrals to the ISA from 13 March 2009.
• From that point, barring decisions will be made
  by the ISA.
• Guidance setting out the ISA referral process and
  new referral forms to be used are available on
  the ISA website.
• DHSSPS guidance Choosing to Protect has been
  updated to reflect new referral arrangements.

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Barring routes

• Auto bar offences without representation
• Auto bar offences with representation
• Bar based on referrals to the ISA

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Portability

• In most cases, ISA registration will be portable
• May be the need to obtain enhanced disclosure
  certificates in addition to on-line checking of
  registration status
• employer discretion
• policy
• legislative requirement

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Phasing

• New entrants to the workforce and those moving
  job/post will be first to join the VBS.
• Members of existing workforce will be phased into
  the VBS over a five year period.
• Phasing Strategy being developed for Northern
  Ireland.
• AccessNI route into the VBS in Northern Ireland.

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Commencement Schedule NI6 Stages of
Implementation

• Stage 1
• Establishment of the ISA January 2008
• Stage 2
• Migration from existing to new barred lists
  February 2009
• Stage 3
• Start of ISA decision-making 13 March 2009

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Commencement Schedule NI6 Stages of
Implementation

• Stage 4
• Start of provisions relating to barring 12
  October 2009
• Stage 5
• Start of provisions relating to registration and
  monitoring July 2010
• Stage 6
• Interface with the Scottish Scheme late 2010

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Implications for District Councils

• District Councils will employ those in regulated
  activity
• A District Council will therefore be a Regulated
  Activity Provider
• The District Council will be required to check
  ISA registration of all those they employ in a
  regulated activity e.g. coaches, instructors
• The District Council will register an interest in
  each registered employee
• Those in regulated activity within the existing
  workforce will be phased in over a five year
  period

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Next Steps - Government

• Secondary Legislation
• Information Leaflets
• Guidance
• Communications Activity
• Awareness-raising sessions
• Website www.dhsspsni.gov.uk/svg
• ISA Telephone Helpline - 03001231111
• Direct Marketing Campaigns
• Employers
• Intermediary bodies

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Next Steps - Organisations

• Identify posts in organisation within scope of
  VBS Scoping Exercise
• Internal communication to relevant
  staff/volunteers
• Access guidance and publications as available

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• Thank You