The Government announced today that it is halting the Vetting and Barring Scheme whilst it undertakes a review of the Scheme.

This follows the Coalition Government’s aim, as set out in its recent document ‘The Coalition: Our programme for government’, to ‘review the criminal records and vetting and barring regime and scale it back to common sense levels’.

This means that the first phase of registration with the Independent Safeguarding Authority (ISA), which was due to commence on 26 July 2010, will be shelved pending the Government’s review.

Note, however, it appears that the legal duties and legislation already in force under the Scheme (some of which were introduced in October 2009) continue to apply until further notice. These include the following:

• An individual who is barred from engaging in what is known as Regulated Activity with children or vulnerable adults will be breaking the law if they work or volunteer, or try to work or volunteer with these groups. ‘Regulated Activity’ broadly speaking means working closely with children or vulnerable adults.
• An employer who knowingly allows a barred individual to engage in Regulated Activity will also be committing an offence.
• Duty to refer - an employer must still refer certain information to the ISA where he/she has withdrawn permission for the individual to engage in Regulated Activity (ie by dismissal, suspension or transfer) or would or might have done so had the individual not ceased the activity because he thinks that individual has harmed or may harm a child or a vulnerable adult.
• CRB checks – those who engage workers (paid or unpaid) in Regulated Activity with children or vulnerable adults still have the right to ask for an Enhanced CRB check on those individuals. In some cases (e.g. in the case of schools) and care homes, this might be required by law.

Dinah Tuck or Jean Tsang
Direct dial: 020 7551 7749 / 020 7551 7758
E-mail: d.tuck@bwbllp.com / j.tsang@bwbllp.com

NOTES

• The Vetting and Barring Scheme was introduced under the Safeguarding Vulnerable Groups Act 2006 (SVGA). It came into force in part on 12 October 2009.
• The aim under the Scheme was that most individuals who wanted to work closely with children or vulnerable adults (known as “regulated activity”) would need to be vetted to ensure suitability. If suitable, they would go on the Independent Safeguarding Authority (ISA) register and be subject to continuous monitoring. If deemed unsuitable, they would be barred (and placed on the Children’s Barred List or the Adults’ Barred List).
• The Scheme applies to both paid and voluntary activities. It doesn’t apply to activities within the family or to unpaid activities in the course of a personal relationship.
• There are a number of exceptions but broadly, regulated activities are activities of a specified kind (e.g. advice, healthcare, transport, care) or in a specified setting (e.g. care home, children’s home, school) which involve contact with children or vulnerable adults carried out frequently (at least once a week), intensively (on 4 or more days in any 30 day period) or overnight. Also covers managers/supervisors of people in regulated activity and some positions of responsibility e.g. school governor, trustee of children’s/VA charity.
• Until the Coalition Government’s announcement today to halt and review the Scheme, the plan had been for ISA-registration requirements to be phased in over a 5 year period: from July 2010 to July 2015.