The long awaited Guidance on the Vetting and Barring Scheme was published by the Government last Friday (19 March 2010): http://www.isa-gov.org.uk/Default.aspx?page=402

The 73-page Guidance supersedes the guidance published in October 2009, outlining a number of changes to the Scheme following Sir Roger Singleton’s report of December 2009. (For further details on Sir Roger’s recommendations see our previous update: http://www.bwbllp.com/Updates/Detail.aspx?UpdateID=267&Location=2&ID=13.)

The new Guidance contains further details on:

• The scope of the Scheme;
• Barring arrangements;
• Responsibilities and duties of employers, volunteer organisers and individuals;
• Timescales for the phased implementation of the Scheme; and
• Explanation of the transitional arrangements around Scheme introduction.

Important points to note in the Guidance about the scope of the Scheme include:

• Definition of ‘frequently’ - For the purposes of identifying whether an activity of a specified kind or in a specified setting constitutes regulated activity, the definition of ‘frequently’ is now once a week or more except in the case of health and personal care services where it still means once a month or more. ‘Intensively’ now means four times or more in a 30-day period.
  
• Specified settings - Individuals who work in a specified setting (e.g. a school or care home) will only be required to register with the Independent Safeguarding Authority (ISA) if the frequent or intensive activity is carried out in a single specified setting. Those who only go into different specified settings will not be required to register.
  
• Charity trustees – Trustees of children’s or vulnerable adults’ charities will no longer be required to register with the ISA simply because they are a charity trustee. Only those trustees who are engaged in regulated activity (by carrying out a specified activity or working in a specified setting on a frequent or intensive basis) must be ISA registered. However, each charity will have the discretion to determine whether it is appropriate for those trustees who are not undertaking regulated activity to be asked to register.
  
• Clarifying provisions about children on work experience, foreign exchanges, self-help groups and people in receipt of direct payments who engage people to work for them.
  
• The Government will be reviewing the continuing long-term need for controlled activity and the statutory requirement for CRB disclosures, in both cases this year.

New employees/volunteers in regulated activity for whom registration will be mandatory after November 2010 will be able to register with the ISA from 26 July 2010.

Note that new disclosure application forms (for CRB disclosures and ISA registration) will be introduced in July 2010. The current CRB application form will no longer be accepted after 26 July 2010.

This Guidance will be followed by sector specific guidance, including for the voluntary sector, and will be published by the appropriate Government departments.

For further information or advice, please contact:

Dinah Tuck or Jean Tsang
Direct dial: 020 7551 7749 / 020 7551 7758
E-mail: d.tuck@bwbllp.com / j.tsang@bwbllp.com