Employment

People watching

Joanna Green expands on the implications of the Safeguarding Vulnerable Groups Act 2006 and the Independent Safeguarding Authority’s vetting and barring scheme

The Safeguarding Vulnerable Groups Act 2006 creates a new vetting and barring scheme which is now in force. The intention is to consolidate all known information on the fitness of any individual to work in any role that involves contact with children and vulnerable adults and to make the result of that information easily accessible to employers who are hoping to recruit to such roles. At its core, the new scheme brings existing information under POCA, POVA and List 99 under a single administration.

However, the scheme proposes to go much further than the simple better use of the formal lists. The scheme will require that anyone wishing to work (paid or not) in a regulated activity will have to register with the new Independent Safeguarding Authority (ISA). It is ISA that now has responsibility for making decisions about whether individuals should be barred from work in regulated activities, or whether restrictions (anything short of barring) should apply to that individual.

What does it cover?
Regulated activities include frequent contact with children, which is either of a specified nature, such as teaching, or which takes place in a specified place, such as a school. Certain defined positions of responsibility are also regulated activities, such as a school governor or a trustee of a children’s charity.

All of this will be familiar as it mirrors the CRB system, but there are some further protections, particularly in
relation to vulnerable adults. Unfortunately, the new vetting and barring scheme does not do away with CRB,
so checks will still be required, at least for the time being. From October 2009, it is a criminal offence
to engage someone who has been barred by ISA in a regulated activity. It will also be a criminal offence to work
(including as a volunteer) in a regulated activity if you have been barred.

From November 2010, registration with ISA is expected to become mandatory for anyone wanting
to work (paid or not) in a regulated activity. Employing someone, or taking them on as a volunteer, in a role that
involves a regulated activity without first checking their ISA status will become a criminal offence. Employing
someone who is not ISA-registered will also become a criminal offence.

Mandatory registration will be rolled out to include all existing employees and volunteers by 2015. Registration with ISA will involve a fee, although registration is expected to be free for volunteers. Once registered, individuals will take their registration with them as they change jobs. An individual’s status will be automatically reviewed by ISA if any new information comes to light. Subsequently, employers (and prospective employers) will then be able to check online that any individual is registered and whether any restriction, or barring, is in place. There will also be a system to allow employers to subscribe to be notified if there is any change to an employee’s status.

For schools, contracts, policies and procedures will need to be updated to refer to ISA registration for governors, staff, peripatetics and volunteers. Where you receive a notification that a member of your staff has been barred, you will need to take immediate action to remove that individual from work.

Some suggest that summary dismissal will be in order, but all employers must be careful to follow good practice
and in particular the new ACAS Dismissal Code, which has replaced the Statutory Dismissal Procedure. You will also
need to ensure that your school’s governing documents allow for removal of a governor who has been barred.

Joanna Green is a solicitor in the Charities Team at Wrigleys Solicitors LLP and advises on issues on the role and status of employees, volunteers and trustees. Joanna can be contacted on 0113 244 6100 or
joanna.green@wrigleys.co.uk 

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