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The vetting and barring scheme - over before it began?
15 June 2010
Home Secretary Theresa May today announced that the Independent
Safeguarding Authority (ISA) registration process is to be put on
hold whilst the scope of the scheme is reviewed. With the process
due to begin in five weeks and become a legal requirement in
November, the recruitment and monitoring requirements for staff and
volunteers in the children and vulnerable adults sectors is once
again the subject of significant change.
The vetting and barring scheme was created in response to Sir
Michael Bichard’s report into the Soham murders by school
caretaker, Ian Huntley in 2002. The report recommended a single
scheme to monitor and bar those working with children and
vulnerable adults. However, as the scheme became law its scope
widened to include regular visitors to a school site such as
volunteers and contractors, regardless of the fact that they may
not have any contact with children. A somewhat conservative
estimate of nine million people are thought to be caught by the
scheme, reduced from around 11 million following a review under the
previous government in December 2009.
As the scheme widened, it also became less clear, making it
extremely difficult to identify when an individual had to be
registered. With severe criminal sanctions applying to both the
individual and to the person allowing him to work or volunteer,
this is not an area where ambiguity should be allowed to
flourish.
As a result of these concerns and perhaps a hint of politics,
Mrs May announced the review, referring to the current measures as
“draconian” and adding that the new government aimed to
cut them back to common sense levels. It remains to be seen what
this means in practical terms and in what timescale the review will
be completed. In the meantime, the government has confirmed that
the status quo will remain. However, the Department for Education
is currently consulting on updated guidance to reflect the
requirements of the ISA system and the continuing need to carry out
CRB checks, and the Department of Health is carrying out similar
consultations. It is unclear whether the draft guidance under
consultation will be pulled or if it requires significant
amendment.
Whilst this review is a major step, one must question whether it
goes far enough. There is little doubt that the registration
requirements impacted upon too many people, but the management of
the information held by the ISA and its role in barring individuals
also requires review. A failure to automatically tell employers
when their staff are barred and an extremely low threshold for when
employers are under a legal obligation to refer conduct to the ISA
are of serious concern to employers. If a review of the process is
to be undertaken at all, then a full and thorough review of all
aspects of the ISA’s role is in order. It is disappointing to note
that the government’s plans do not suggest a more complete
review.
We now await the outcome of that review, a process which is
likely to take a number of months.
For further information on your recruitment and monitoring
duties or for advice and assistance, please contact our
safeguarding team.
talk to us
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Mark Blois
0115 976 6087
Partner and Head of Education
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