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