In a Nutshell: Plans to scale back vetting and barring

What is the purpose of the Vetting and Barring Scheme?
The Vetting and Barring Scheme for England, Wales and Northern Ireland was established in 2002 to prevent inappropriate people from working or volunteering with children and vulnerable adults.

The scheme, implemented by the Independent Safeguarding Authority (ISA), applies to a range of organisations that engage in “regulated activity”, including in healthcare, education and childcare. When an organisation or employer has concerns that a person has caused harm or poses a risk to children or vulnerable adults, a referral must be made to the ISA. Under the scheme a barred person who proceeds to engage in regulated activity will be in violation of the law, as will an organisation that knowingly employs a barred person. This scheme complements Criminal Records Bureau (CRB)background checks, which potential employees involved in “regulated activity” must undergo.

What are the impending changes?
The government is scaling back the Vetting and Barring Scheme and CRB systems under the Protection of Freedoms Act 2012. According to the UK Border Agency, changes that will come into force in September include:

• A narrower definition of regulated activity that focuses on work involving close and unsupervised contact with vulnerable groups including children. The activities and work removed from the category will still be eligible for enhanced CRB checks (but not for barred list checks).
• Removal of “controlled activity”: while it will no longer be possible to check whether people in this category have been barred, they may still be eligible for CRB checks.
• Repeal of registration and continuous monitoring: originally under the scheme anyone who wanted to work with vulnerable groups including children was required to register and undergo continuous criminal record monitoring information. This never came into force and the Protection of Freedoms Act repeals it.
• Repeal of additional information: under the Police Act 1997, police forces may provide additional information directly to organisations (and not to applicants).  However, the police may use common law powers to provide information directly to employers where this is necessary (i.e. to prevent crime or harm to others).
• A minimum age at which a person can apply for a CRB check (16).
• A more rigorous “relevancy” test for the police to release locally held information on an enhanced CRB check.

Elements of the scheme that will not change:

• Organisations engaging in regulated activities are still obligated to make appropriate referrals to the ISA.
• Organisations must not knowingly engage in regulated activity with anyone known to be barred by the ISA.

Additional changes are expected to come into force in December 2012 and early 2013.