Date Created: 2006-06-15 19:25:08

Summary of the Proposed Scottish Vetting and Barring Scheme (VBS) from Children 1st.

Aim

The aim of this paper is to provide Lead CPCs with an overview of the main proposals for the Scottish Vetting and Barring Scheme to allow them to participate in a discussion at the Lead CPC meeting on 26th April. To read the full consultation paper see:
http://www.scotland.gov.uk/Publications/2006/02/07134454/0

Background

The proposals for the Vetting and Barring Scheme stem from recommendations in the Bichard Inquiry.  It is intended that the Scheme will build upon current arrangements in Scotland and the UK rather than replace or substantially change the current system.

There will be a separate scheme for England and Wales. Northern Ireland is considering adopting some of the measures in the English scheme.

Note: The proposed scheme will apply to those seeking work, paid and unpaid, with children and/or vulnerable adults.

Glossary of Terms

Key Proposals

(i)         Disqualified Lists
The Disqualified from Working with Children List will continue. A new Disqualified from Working with Vulnerable Adults List will be created.

(ii)        Barred Status
This new term refers to whether someone is barred from working with either children and/or vulnerable adults as a result of being fully listed on the either DWCL and/or DWVAL.

(iii)       New type of Disclosure
Anyone applying to work with children or vulnerable adults or changing posts in to such a position will apply for a new type of Disclosure called a Vetting and Barring Disclosure. This introduces the individual in to the new VBS.  At some future point, everyone in the “workforce” i.e. those who work or volunteer in positions that bring them in to direct or indirect contact with children and/or vulnerable adults will need to apply for the new VBD (arrangements will be made for retrospective checking).

Parents and personal employers can also request a VBD e.g. parents who want to check on a self employed dance teacher or private piano tutor. Currently such positions are unable to access standard or enhanced checks as they need to go through a registered body.

The VBD Certificate will be valid for 10 years. During the 10 years, up dates on the individual’s barred status can be obtained by access to the Lists (see point (vi) below).

(iv)       Extending the definition of child care positions
Definitions of ‘child care position’ will be extended to provide clarity on who could be considered to be in a ‘child care position’. This will include those who have indirect contact with children and vulnerable adults e.g. a telephone operator, or those who have substantial access to information about the vulnerable e.g. an administrator.

(v)        Decision making
All information revealed during a search (triggered by an application for a VBD) will be passed to the Central Barring Unit who will decide whether, on the basis of the information revealed, whether the individual will be on the DWCL and/or the DWVAL. This will all take place before a VBD Certificate is issued to the organisation and the individual.

Where the information revealed by the search does not lead to a decision to barr the individual, the information will be passed to the organisation who will then still require to make a decision about recruitment.

(vi)       Up Dating Checks
If an individual (who is already entered in to the VBS through a VBD) changes position, organisations will be able to check on the barred status of the individual rather than seek a new full disclosure.

There will be a duty on the police and other agencies to share relevant information with the CBU. On receiving such information, the CBU will automatically review the information and decide whether or not the person should be added to DWCL and/or DWVAL. 

If the decision is to add to either or both lists, the individual and any relevant organisations will be notified.

Individuals and organisations with a legitimate interest will be able to access information about a person’s barred status.

(vii)      Cost
Costs for the initial VBD will increase but subsequent checks of barred status will be cheaper or free. Checks for volunteers will continue to be free.

Some key questions for SGBs to consider for discussion

• What are the implications of this proposed system for participation by the vulnerable in sport activities?
  
• What are the implications of this scheme for SGBs?
  
• What are the implications for those who might want to work or volunteer with SGBs and clubs?
  
• What could be done to mitigate the above?
  
• What positions in sport should this scheme cover?
  
• What should be the criteria for provisional listing?
  
• In sports, who should have access to the barred status: SGB only? Clubs? Parents?
  
• What are your concerns (if any) about sharing information with the CBU about an individual following an incident in sport?
  
• Should the VBD have a finite lifetime?