Susan's Legal Bits

In May 2010 Susan was interested in...

...the new "Vetting and Barring Scheme"

Hello everybody.

No burning topics have come in this month for me to dissect, consider and generally make my opinions known on….but never fear, I just happen to have one of my own that I’ve already been giving lots of thought and happily debating with my esteemed colleagues as we amend our own internal procedures!!

The Vetting and Barring Scheme is rolling out and it won't be long until 26 July comes around and anyone starting in or moving to a new role in a 'regulated activity' will be able to register in the scheme by paying a one-off £64 fee to the Independent Safeguarding Authority. This subscription is for life, is portable like any subscription, and the ISA will be able to communicate with your future employers with regards to whether they hold untoward information about you which may affect their decision making process re: the role in which you are being considered and placed. Essentially, if you give someone your ISA ID number they will be able to apply to the ISA online to get automatic updates should ISA deem you ever to be at risk of being barred or indeed be barred from working with children or vulnerable adults. You will of course be able to un-susbscribe an interested party should you leave their employment and take up a placement with a new employer.

At this point I should make clear that the majority of you reading this - who don't work with vulnerable adults or children - may find this less than interesting. However, what goes on in recruitment, employment legislation and indeed this country, especially when it comes to protecting our kids and grandkids from the likes of Ian Huntley, can usually warrant a quick read of a few paragraphs.

Of course for those of you who already work in the professions that come into contact with children and vulnerable adults, you know that as of 1st October 2009 you will have had to produce Enhanced CRB certificates, or in conjunction with your agency or client apply for Enhanced CRBs to disclose whether there is anything untoward about the individual and these will eventually show your ISA Identification Number once you have registered with the Independent Safeguarding Authority for The Vetting and Barring Scheme (VBS).

As certain dates pass by you will have options to choose to register for the scheme and then it will be mandatory to register for the scheme if you wish to continue working in an affected profession and it will be up to agencies and employers to enforce - essentially the new legislation is phasing in making it illegal to employ someone who hasn't registered for the scheme if their work is to be with Vulnerable Adults or Children either in controlled activity or regulated activity.

The premise is very sensible. If individuals who work in these amazing roles like Teachers, Carers and Social Workers all register to the scheme which is being run by the Independent Safeguarding Authority then the ISA will be responsible for showing if an individual poses a risk or harm to vulnerable groups as they gain information regarding the subscribers from all types of sources.

If the ISA consider someone should be barred from working with Adults or Children and at the same time make it illegal to employ someone without checking with ISA first - then no-one will ever slip through.

I can't be dubious about this because for me I can see all angles are covered. Unless of course the employer or agency is breaking the law by not doing the check - that's where it might all fall down. And then we get the scare somewhere after the event unfortunately and someone somewhere will have a guilty conscience that may damage the rest of their waking days.

I truly hope every employer and agency will get on board with VBS. Granted it looks complicated when you download the March 2010 guidance document of 50 pages but with a little patience and belief in the end product (together with having no intention of breaking the law !) we should see by 2015 a governed vetted workforce in this area.

As always I am always happy to be contacted for more information on this subject or any other.

Have a good month, and a great long weekend.

UPDATE: As at Tuesday 15th June 2010 it was announced that Home Secretary Theresa May had announced that registration for the Vetting and Barring Scheme had been put on hold. There looks to be a complete review of the scheme and a scaling back to incorporate more 'common sense'.

All comments provided on my blog are for informational purposes only. My thoughts and opinions are my own with agreement from my employer as being suitable for sharing with the wider world. Any advice, or writing that might be taken as advice, should not be deemed in any way as professional Legal advice and are only the musings of a HR practioner whose sole aim is to help where she can.