Vetting and barring scheme launched

Today sees the launch of the new Vetting and Barring Scheme (VBS), which will be delivered under the Safeguarding and Vulnerable Groups Act 2006.

The new VBS was created following the Bichard Inquiry into the Soham murders, which recommended a number of key improvements to the system that bars unsuitable individuals from working with children or vulnerable adults. Stricter controls will begin to replace existing arrangements that determine who can't work with children and vulnerable adults in England, Wales and Northern Ireland. A separate but aligned scheme will be implemented in Scotland in 2010.

New entrants and volunteers working with vulnerable groups will need to start to apply to become ISA registered from July 2010.

The following increased safeguards will be introduced from today:

• The existing criminal offence for barred individuals who apply to work with children or vulnerable adults will be extended to a wider range of posts. Employers also face criminal sanctions for knowingly employing a barred individual across a wider range of work.
• The three current barring lists (POVA, POCA and List 99) will be replaced by the creation of two new barred lists administered by the ISA rather than several Government departments. From now on checks of these two lists can be made as part of an Enhanced CRB check.
• Additional jobs and voluntary positions will be covered by the barring arrangements, including moderators of children's internet chat rooms and a large number of NHS and prison service staff.
• Employers, social services and professional regulators have a duty to refer to the ISA any information such as why they stopped or considered stopping an individual from working with vulnerable groups where they consider them to have caused harm or posed a risk

Home Office Minister, David Hanson MP, said:

"Today marks a major step forward in the protection of the most vulnerable members of our society. The new scheme means greater assurance that anyone who regularly works or volunteers with children or vulnerable adults will be appropriate to do so. We believe this is a common sense approach, and what the public would rightly expect."

In a briefing for Workplace Law Network, Sharokh Koussari of law firm Howard Kennedy said:

“The Safeguarding Vulnerable Groups Act 2006 introduces a centralised vetting system for people banned from working with children and vulnerable adults. Employers who ‘knowingly employ’ individuals on the list or fail to make relevant checks will face a fine of £5,000.

“Clearly, employers potentially affected by this must ensure that they are fully aware of the implications of this legislation. There will be list of offenders online which employers could check. Whilst this adds yet another layer to the various rules that employers in this area must adhere to, it does seem to offer a workable system of checking.”