VETTING & BARRING REVIEW UNDERWAY
In the July issue of the paper we advised readers that the imple- mentation of the ISA Vetting and Barring Scheme had been scrapped (15th June) and would be reviewed as to whether it was worth going ahead with it after all. Four months have passed, and the Home Secretary announced that the review would be going ahead, and has issued the following two pages of - well, I was going to say notes, or perhaps guidance. But having read them, I am going to use the word “speculation”, because it certainly leaves me scratching my head. Virtually every box says either “we don’t know and we might come up with an answer”, or “...having examined things and reviewed things, then maybe we’ll come up with an answer in three months’ time.” I do think, however, that we have a duty to keep you all updated, so here is the full document for your delight or otherwise.
There is one element of this document that you might well be interested in, and that is the very last paragraph in the section relating to questions and answers on Criminal Records review. Yes, they are being looked at as well. That is the suggestion that the Treasury has announced its CRB checks will become portable. Wow! That might certainly save the trade a few quid. We know members out there with four or five different contracts, who have had to have up to seven CRB checks, all within months of each other and for the same authority or County Council. So yes, perhaps this will be an historic movement forward. We’ll leave you to enjoy it. Have a nice read!
Terms of Reference for the review of the Vetting & Barring and criminal records regime announced. Following her announcement in June, the Home Secretary, Theresa May, has today, 22 October 2010, issued a statement to the House of Commons which confirms the terms of reference for a review of the Vetting & Barring and criminal records regimes to ensure that they are scaled back to com- mon sense levels.
The Written Ministerial Statement reads:
22 OCTOBER 2010 VETTING AND BARRING SCHEME REMODELLING
I announced on 15 June that further implementation of the Vetting and Barring Scheme would be halted pending a review of the scheme. Together with my Rt Hon Friends the Secretaries of State for Educa- tion and Health, I am today announcing the terms of reference for this review which we have collectively agreed.
The Review will be thorough and consider afresh the principles and objectives of the scheme and recommend what, if any, scheme is now needed. The Review will be developed by officials working jointly across our three departments and recommendations are expected early in the New Year. In parallel, a review of the criminal records regime will take place, led by the independent Government Advisor for Criminality Information Management, Mrs Sunita Mason. This will be undertaken in two phases and will report firstly on employment vet- ting systems which involve the Criminal Records Bureau, followed by a report on the broader regime. The terms of reference for this review are also below.
The protection of children and vulnerable adults must be paramount. But we must also ensure that arrangements are proportionate and support a trusting, caring society where well meaning people are encouraged rather than deterred.
THERESA MAY Home Office Minister Lynne Featherstone said:
“While it is vital that we protect the vulnerable, this scheme as it stands is not a proportionate response. There should be a presumption that people wishing to work or volunteer with children and vulnerable adults are safe to do so unless it can be shown otherwise. “Today we are also announcing a review of the criminal records regime which has developed piecemeal for years and is due for an overhaul to ensure that a bal- ance is struck between protecting civil liberties and protecting the public.”
Commenting on the announcement, Care Services Minister Paul Burstow said: “We have to strike the right balance in safeguarding vulnerable people. The risk of abuse can come from people close to victims not just from paid staff and vol- unteers. No one can subcontract responsibility for protecting at risk people, we all have a part to play. This review will help strike that balance and to consider afresh whether the scheme is the best way of moving forward.”
PAGE 56 Children and Families Minister Tim Loughton said:
“Children must be protected when vulnerable and this is everyone’s responsibil- ity. Any vetting system should not be a substitute for proper vigilance by individuals and society. At the moment the pendulum has swung too far and threatens to drive a wedge between children and well-meaning adults. Such indi- viduals should be welcomed and encouraged as much as possible, unless it can be shown that children would not be safe in their care.”
FURTHER INFORMATION ABOUT THE REVIEWS
Please see the separate sections below for further information about each review 1/ Re-modelling the Vetting & Barring Scheme, including frequently asked questions
2/ The review of the criminal records regime, including frequently asked questions Business as usual
During the review process, it is business as usual at the CRB, AccessNI and the ISA. Their websites will be updated with any new information. These website addresses are as follows: CRB/AccessNI For information relating to the current Disclosure process visit:
www.crb.homeof-
fice.gov.uk <
http://www.crb.homeoffice.gov.uk/> or
www.accessni.gov.uk <
http://www.accessni.gov.uk/> You can also contact the CRB Customer Servic- es team on 0870 90 90 811
Independent Safeguarding Authority (ISA) For information relating to referrals and barring decisions :
www.isa-gov.org.uk <
http://www.isa-gov.org.uk/>
The latest guidance about the other aspects of the scheme is available via
www.direct.gov.uk or
www.nidirect.gov.uk/vetting or
www.businesslink.gov.uk. The VBS contact centre can also provide you with guidance if you call them on 0300 123 1111 (this is a lo-call number and will only cost you the same as mak- ing a local call).
Stay informed
Over 66,000 employers, charities and voluntary groups have registered an inter- est in being updated on the Vetting & Barring Scheme, and this newsletter is being circulated as an update to those individuals and organisations. Once the outcomes of the reviews are known this approach will be used to communicate further information.
Therefore if you know anyone else who would like to be kept updated, please for- ward this newsletter to them and ask that they complete their details on the ISA website
www.isa-gov.org.uk to receive information directly in the future.
How can I feed into the review process?
The Government is committed to ensuring that the Scheme is set at a level which is appropriate to protect both children and vulnerable adults. As with all Govern- ment business, organisations are welcome to contact any of the relevant departments to express their opinions. We therefore welcome e-mails with your comments. Any contributions to the VBS review process should be sent to
VBSreview@homeoffice.gsi.gov.uk. The Inde- pendent Advisor also welcomes e-mails with your comments about the criminal records regime. These should be sent to CriminalRecordsReview@homeof-
fice.gsi.gov.uk
Please note that these mail boxes will only be active until 22 November 2010 and that we will be unable to enter into any individual corre- spondence.
1/ RE-MODELLING THE VETTING & BARRING SCHEME Introduction
On 15th June 2010 the Home Secretary announced that further implementation of the Vetting and Barring Scheme (VBS) would be halted pending the remodel- ling of the Scheme to scale it back to common sense levels. This will ensure that it strikes the right balance between respecting civil liberties and protecting the public.
The terms of reference for this review process have been agreed by Ministers and the proposals for remodelling the Scheme will now be developed by officials working jointly across the Home Office, the Dept for Education and the Depart- ment of Health.
Their recommendations are expected early next year. The Review will take account of parallel MOJ reviews of sentencing and rehabilitation policy and of the associated criminal records regime review.
The terms of reference for the VBS remodelling: In order to meet the Coalition’s commitment to scale back the vetting and barring regime to common sense levels, the review will: • Consider the fundamental principles and objectives behind the vetting & bar- ring regime, including;
• Evaluating the scope of the scheme’s coverage; • The most appropriate function, role and structures of any relevant safeguard- ing bodies and appropriate governance arrangements;
• Recommending what, if any, scheme is needed now; taking into account how to raise awareness and understanding of risk and responsibility for safeguard- ing in society more generally.
Continued on page 58 PHTM NOVEMBER 2010
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