QUESTIONS & ANSWERS: ABOUT THE REMODELLING OF THE VBS
1. Which Government departments are involved with the remodelling of the VBS?
The Department of Health (DH), the Department for Education (DfE) and the Home Office will be working together on the remodelling of the Vetting and Barring Scheme. 2. Why has this taken so long - you halted registration in June? It was important to ensure that the review was able to consider the funda- mental principles and objectives behind the Scheme so that appropriate recommendations could be made to deliver a common sense and propor- tionate system. It would have been irresponsible to rush out the terms of reference before considering the balance that needs to be struck between preserving civil liberties and protecting the most vulnerable in our society. 3. Where or how will the remodelled approach be tested and validated?
Ministers from the three relevant central Government departments will need to consider any recommendations that emerge very carefully. We need to wait for the outcomes of the review before we can comment in detail, but Government is committed to taking a robust and creative stance to ensure that effective, proportionate and affordable arrangements are in place. In addition to gathering views from key stakeholders during the review itself, Government will present any proposals for changing the current VBS legis- lation for scrutiny by Parliament.
4. How long will it take to create a new system ? We expect the review to report within three months so that we can consider recommendations with a view to deciding what, if any, scheme is needed now. Depending on these decisions we may need to introduce primary leg- islation to ensure that vulnerable groups are adequately protected whilst ensuring that individual civil liberties are maintained. This could take some months. 5. Could the remodelling impact the organisations delivering the Scheme?
Clearly, if the review produces a Scheme which needs to cover substantial- ly fewer people then it would be sensible to look at the roles of the organisations involved. As the NDPB review indicated, we need to consider the outcomes of this review and then consider what would be the right approach.
Whatever the outcome, we will look to ensure that there is no duplication between the bodies and that the processes are as efficient as they can be. 6. Will there need to be new legislation to make changes happen?
The Government will need to carefully consider the need for further primary or secondary legislation. Of course, this aspect cannot be considered until the final outcomes of the review are known. 7. Do we still have to make referrals to the ISA whilst the remodelling is underway?
Yes. Whilst the Scheme is being remodelled existing duties to make referrals to the ISA remain in force. Further information on the duty to refer can be found on the ISA website
8. Is the appeal process fair? Will it change? We will look at a range of processes including that for appeals and making representations. 9. What is happening to ISA Adult First while all this is happening? Whilst the remodelling process for the Vetting & Barring Scheme takes place, access to the ISA Adult First service will continue. We will maintain this service until the ultimate scope of the Scheme is finalised and alterna- tive arrangements are in place.
10. Will the remodelling process take into account compatibility with the Scottish Protecting Vulnerable Groups (PVG) Legislation ?
Yes. Ministers have kept their counterparts in the devolved administrations informed and officials will continue to work closely together.
2/ THE REVIEW OF THE CRIMINAL RECORDS REGIME Introduction
In parallel to the remodelling of the VBS, a review of the criminal records regime will take place, which is being led by the Government’s Independent Advisor on Criminality Information Management, Sunita Mason. This will be undertaken in two phases. Mrs Mason will report in December 2010 on those elements of the current system which impact on the Vetting and Barring Scheme, with a full review of the criminal records regime being completed early next year .
The terms of reference for the Criminal Records Review The Criminal Records Review will examine whether the criminal records regime strikes the right balance between respecting civil liberties and pro- tecting the public. It is expected to make proposals to scale back the use of systems involving criminal records to common sense levels.
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The review will include consideration of the following issues: In phase 1:
(i) Could the balance between civil liberties and public protection be improved by scaling back the employment vetting systems which involve the Criminal Records Bureau (CRB)?
(ii) Where Ministers decide such systems are necessary, could they be made more proportionate and less burdensome? (iii) Should police intelligence form part of CRB disclosures? In phase 2:
1. How should the content of a “criminal record” be defined? 2. Where should criminal records be kept and who should be responsible for managing them?
3. Who should have access to criminal records databases, for what purpos- es and subject to what controls and checks? To what extent should police intelligence be disclosed?
4. What capacity should individuals have to access, challenge and correct their own criminal records?
5. Could the administration of criminal records be made more straightfor- ward, efficient and cost-effective?
6. Could guidance and information on the operation of the criminal records regime be improved?
7. How effective is the integration of overseas data into the criminal records regime?
QUESTIONS & ANSWERS RELATED TO THE CRIMINAL RECORDS REVIEW
1. Why is the Government undertaking a review of the Criminal Records regime?
We have already announced our intention to review the Vetting & Barring Scheme and scale it back to common sense levels. That will inevitably draw in fundamental questions around the broader issues about the disclosure of criminal records, so we have commissioned this review to look at these issues as well.
2. What issues will the review concentrate on? Initially, the Criminal Records Review will focus on issues around the extent and demands of the employment vetting systems and the role of the Crimi- nal Records Bureau (CRB), in particular, what information it should be disclosing and to whom.
As a second phase, this Review will turn to the broader issues, such as the legal definition, storage and management of criminal records. Overall, the aim will be to inform our decisions on the proportionate and effective use of criminal records in supporting public protection arrangements.
3. When will these recommendations be implemented? Ministers will, naturally, need to consider any recommendations that emerge very carefully, in order to reach balanced judgements based upon the reviews’ findings. The timetable for implementing any changes will depend on whether there is a need for legislation.
In the meantime, it should be noted that the CRB continues to provide crim- inal records checks for employers, within the existing legal framework, and the Independent Safeguarding Authority (ISA) will continue to be responsi- ble for decisions to bar those considered unsuitable for work with children and vulnerable adults, until such time as decisions have been made by Gov- ernment in the light of these two reviews.
4. Why will part two of the Criminal Records Review take longer to complete?
The second element of the review will focus on the broader issues such as the definition, storage and management of criminal records. This will involve consideration of complex questions around the legality and governance of criminal records and who should have responsibility for this. Although Min- isters are keen to address the question, it is also recognised that sufficient time is needed to undertake a proper assessment of these complex and interrelated issues.
5. Will the Government accept Mrs Mason’s findings? Although not bound by Mrs Mason’s recommendations, as the Govern- ment’s Independent Advisor, Ministers will consider them carefully before deciding on the best course of action.
6. The Treasury has announced that CRB checks will become portable. What impact will this have on the review? The review is being undertaken to ensure that the current regime is scaled back to common sense levels whilst ensuring that appropriate measures to protect the most vulnerable in our society are in place. The development of more portable CRB checks should ensure that appropriate checks are in place whilst minimising the paperwork and administration that organisations need to undertake.
PHTM NOVEMBER 2010
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