SAFEGUARDING AND FAMILY LEARNING WCVA CRIMINAL RECORDS UNIT Feb 12 Wales Council for Voluntary...

SAFEGUARDING

AND

FAMILY LEARNING

WCVA CRIMINAL RECORDS UNITFeb 12

Wales Council for Voluntary ActionWales Council for Voluntary Action

www.wcva-cru.org.uk 0800 0197 391 cru@wcva.org.uk

BASELINES

• Whose bureaucracy – yours or someone else’s?

• What do you do currently?

• Why do you want to use CRBs?

• Do you believe that all parents should be CRB checked?

• Or are you told all parents should be CRB checked?

2

TENSIONS

NOS DfES guidance 07

Is a CRB Disclosure necessary for everyone that visits or works in

a school or FE college?

 4.23. It is not necessary to obtain a CRB Disclosure for visitors who

will only have contact with children on an ad hoc or irregular basis for short periods of time, or secondary pupils undertaking voluntary work

or work experience in other schools.

3

Provide accessible environments for Family

Learning

 This standard is about providing an appropriate environment in which adults and children feel safe to explore feelings, and

which encourages the development of their self-

esteem and resilience

LEGISLATION

• Safeguarding Vulnerable Groups Act

• Rehab of Offenders Act

• Protection of Freedoms Bill

• Others e.g. Police Act, Criminal Justice & Court Services Act

• ISA - Independent Safeguarding Authority

• regulated activity/controlled activity

• VBS - Vetting Barring Scheme

• ISA registration

4

SVG ACT 2006

Legal framework ISA - Independent

Safeguarding Authority

regulated activity/controlled activity

VBS - Vetting Barring Scheme

ISA registration

PLANNED ISA VBS

PHASED IMPLEMENTATION

ISA VBS Oct 09 ISA ADULTS FIRST CHECK replaced

POVA First check Enhanced CRB checks – Eligibility

extended to all regulated activity ISA barred lists replaced POCA,

POVA and List 99 on ED Standard checks no longer available

for work with vulnerable groups

Criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them

on.

5

TO DATE Oct 09 VBS ARRANGEMENTS REMAIN IN PLACE

– New joint application form for ISA-registration and/or CRB check

– Introduced CRB check eligibility as regulated activity or exceptions to ROA

– Referrals to ISA– Offences for barred people in regulated activity

VBS REMODELLING: 14 Recommendations REVIEW OF CRIMINAL RECORDS:10 Recommendations

PROTECTION OF FREEDOMS BILL

6

PoF BILL subject to enactment

Changes scope of regulated activity (including abolishing controlled activity)

Abolishes ISA registration Introduces CRSC Criminal Records Status Check-

updating certificates for portability Introduces reactive notification system for barring

status Restricts information provided to employers Imposes a duty to check barred status Creates Disclosure & Barring Service – combined

functions of ISA & CRB

7

8

PoF: Change to regulated activity Involves close contact with vulnerable groups

Is defined according to whether it is a volunteer or paid role

Is defined according to the vulnerable group

Still considers specified settings, specified activities and a concept of regularity/frequency but with changes

Consider concept of supervision

9

PoF: CHILDREN - Regulated activity

ALL unsupervised teaching, training or instruction

Paid supervised and unsupervised personal care or health care

Paid supervised teaching, training or instruction in a specified place – school, children’s centre, child care setting, children’s hospital

Paid supervised provision of care or supervision of children in a specified place

10

PoF: CHILDREN – Non Regulated activity

ANY supervised volunteer work in a specified setting

ALL supervised teaching, training or instruction outside a specified setting

ALL supervised provision of care or supervision of children outside a specified setting

Most office holder positions e.g. school governors

Supervision – to be defined in statutory guidance

You MUST check someone is NOT barred BEFORE taking them on in regulated activity

You can do this one of 3 ways: Get an Enhanced Disclosure including barring status

Use a new application system (tbc) to find if barred – reactive notification system

Use a new application system Criminal Records Status Check (CRSC) to find if any new information has been added since last issue of ED – continuous updating

DUTY TO CHECK - Regulated activity

DUTY TO CHECK - Regulated activity CRB DISCLOSURE

Enhanced criminal records certificate as ‘higher level?’ Shows if barred on either of the ISA Lists Soft information – subject phase 2 reviews

REACTIVE NOTIFICATION SYSTEM RAP etc. told, upon request, whether a particular individual is barred Register an interest in staff engaged in regulated activity Receive notification should an individual become barred from regulated

activity CONTINUOUS UPDATING – CRSC (portability)

Applicant or registered person can subscribe to receive updates Subscribe to the updating service at the time an application for a

certificate is submitted CRB updating as no new information or a new certificate should be

applied for

Contact with vulnerable groups eligibility for criminal records information – best practice get an Enhanced Disclosure excluding barring status

‘lower level’? continuous updating

No contact and/or other exempted positions eligibility for criminal records information Basics or Standard levels continuous updating

Non- Regulated activity

Watch points

CRB DISCLOSURE CRB Charges; Applicant only

copy

REACTIVE NOTIFICATION SYSTEM

Application fee plus Registration fee

CRSC CONTINUOUS UPDATING

Application fee plus annual subscription renewal fee

Feb 2011: Introduction of the Protection of Freedoms Bill May 2012: Royal Assent for the Bill, subject to the will of Parliament 2012: Commencement of the relevant provisions in the Bill 2012: Creation of new barring regime 2012: Introduction of continuous criminal records updating2013: New disclosure and vetting service begins work

NEED HELP?.....from CRU

0800 0 197 391

cru@wcva.org.uk

www.wcva-cru.org.ukWCVA CRU Morfa Hall Bath Street RHYL LL18 3EB