Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1 The purpose of this paper is to explain the impact of the Vetting and Barring Scheme (VBS) for Hampshire County Council and its partners. It outlines the:

· Background to the VBS

· Implications for the County Council and its partners and links to the wider safeguarding agenda

· The work undertaken to prepare the County Council for its implementation

· Costs associated with the implementation of the VBS across the County Council

1.2 Following the Soham murders, the Bichard Report recommendations led to the Safeguarding Vulnerable Groups Act and the creation of the Independent Safeguarding Authority (ISA) with an aim to build on and improve existing vetting and barring arrangements for those who work or volunteer, or seek to work or volunteer, with children or vulnerable adults.

2. Contextual information

2.1 The new VBS does not replace the Criminal Records Bureau (CRB) checking process. It enhances the vetting of those who work in specific activities, by ensuring that the ISA constantly monitors any fresh information regarding the individual, and informs the employer directly should the ISA decide to de-register the individual.

2.2 An individual's initial registration to the ISA will include both an ISA check and a CRB check.

2.3 The Scheme identifies two specific types of activity that will require an individual to be registered whether in paid employment or acting as a volunteer. The two categories are Regulated and Controlled activity:

a) Regulated Activity

Any activity which involves contact with children or vulnerable adults - paid or voluntary. E.g.

· Any activity of a specified nature which involves contact with children or vulnerable adults frequently (once a month or more), intensively (three or more days in a 30 day period) and/or overnight.

· Any activity allowing contact with children or vulnerable adults that is in a specified place frequently or intensively.

· Fostering and childcare.

· Any activity that involves people in certain defined positions of responsibility such as Director Of Children's Services, school Governor.

b) Controlled Activity

· Frequent (once a month or more) or intensive (three or more days in a 30 day period) activity which involves contact with children or vulnerable adults, support work in general health settings, the NHS and further education settings.

· People working for specified organisations with frequent access to sensitive records about children and vulnerable adults.

· Support work in adult social care settings.

2.4 An ISA check will only show if a person is ISA-registered (i.e. the ISA has found no known reason why the applicant should not work with children or vulnerable adults). It does not check for malpractice or all criminal convictions, and therefore registration with the ISA does not guarantee that a person has no criminal history.

2.5 A supplementary CRB check provides a fuller picture of a person's criminal history and allows employers and voluntary organisations to make informed decisions as to whether that person is suitable for a particular role or position.

2.6 Once registered an individual receives a unique registration number and is not required to register again.

2.7 Subsequent employers will be able to check the person's ISA status online free of charge, by validating their identity (face-to-face) and checking the individuals certificate details on-line.

2.8 The employer will then need to use its discretion (in some cases this will be driven by statute or governing bodies) about whether to request a supplementary CRB check or periodic CRB checks whilst in employment, to ensure the person has not received any criminal convictions since getting their ISA certificate.

2.9 The VBS will be introduced on a phased approach over a five year period:

- New entrants for Regulated activities will require an ISA registration from July 2010

- Existing staff under Regulated activities can register from Jan 2011 but all staff under a Regulated activity must be registered by July 2015.

- New entrants for Controlled activities will require an ISA registration from Jan 2014

- Existing staff under controlled activities can register from Jan 2014 with a deadline date for all staff under a controlled activity by July 2015.

2.10 The Vetting and Barring Scheme will support and complement the safeguarding agenda for both children and vulnerable adults and as such forms a major part of Adult and Children's Services work in this area which includes; joint work across the Council to implement Lord Laming's recommendations following the Inquiry into the case of Baby Peter in Haringey; development of a specific review of adult safeguarding in 2010/11 under the Crime and Disorder Reduction Partnership; work to ensure that adult safeguarding is at the heart of the development of the personalisation agenda and that it is delivered in line with the approach embodied in the Choice, Empowerment and Risk (a positive risk taking policy for social care, 2009) policy, currently out for public consultation.

2.11 In relation to children, one aspect of the Vetting and Barring Scheme that has caused controversy is the extension of the scheme to voluntary groups and associations. On 15^th September, Sir Roger Singleton who chairs the Independent Safeguarding Authority, announced that the government had asked him to review the definitions of `frequent and intensive' in relation to these groups. He is expected to report back to government by December.

3. Implications for the County Council and its Partners

3.1 In addition to ensuring that the new arrangements are implemented in the Council, ISA registration will need to be complied with by voluntary organisations although there is no charge for them in using the service. It is not yet wholly clear whether voluntary groups need to go through an umbrella body, such as the County Council, to get their ISA registration, or whether the groups can manage this themselves. The County Council is already working with partnership groups to support them in understanding and preparing for ISA.

3.2 Where contracting arrangements exist the contractor will be required to comply with ISA registration requirements.

3.3 ISA registration will be mandatory for Members of the County Council who are members of the Executive, or who sit on committees, panels or other such meetings which have a responsibility for Children's or Adult Services.

3.4 ISA registration is not mandatory for other Members of the County Council, however the County Council requires that all Members undergo an Enhanced Level CRB check which must have been undertaken by the County Council. All newly elected Members will complete an Enhanced CRB check upon their initial election to the County Council, and existing Members will have their enhanced CRB check renewed at the start of each new term (i.e. after the County Council elections every four years).

3.5 In addition to holding an ISA registration, for those Members who sit on either Fostering and / or Adoption Panels there is a legal requirement that they also hold an Enhanced Level CRB check which is less than three years old.

3.6 ISA registration will be mandatory for School Governors. They are treated as Volunteers and therefore, there is no registration charges.

3.7 The County Council is already working with provider services in the independent sector to ensure that there is compliance with the requirements of the legislation.

4. Headlines of the planned approach to implement the VBS in the County Council

4.1 From July 2010 all new staff who meet the registration criteria (Regulated Activity) (or moving sideways into the relevant role) will be registered with the ISA.

4.2 Existing staff will begin to be registered with the ISA from January 2011 and there is a five-and-a-half year period from this date in which all existing staff covered by the Scheme must be registered - ie. to July 2015.

4.3 This registration process will be implemented over a number of years with Departmental decisions being guided by risk, practicality, and budget requirements. The headlines of this phasing, from January 2011, are as follows:

· Adult Services and Children's Services to register the majority of their existing staff over the first 24 months

· School Escorts and School Crossing Patrols to register their staff over the first 15 months

· Other departments, such as CCRA, PBRS will also register their staff over 15 months, or less.

4.4 Departments have identified which roles require the CRB to be re-checked based on a risk profile. The primary area for CRB re-checking, is within Children's Services and Adult Services (although not exclusively).

4.5 Both departments have determined that CRB rechecks are required and that the default interval will be three years. Adult Services have determined that where staff are employed to act in a personal care 1:1 capacity with vulnerable service users (e.g. employees in residential and nursing homes) and where an employee can abuse a trust relationship, the recheck will be every two years.

4.6 Some "barring" decisions will be subject to appeal, the nature of which offences could lead to someone being barred is subject to evolving practice and precedent, and it is not clear what "soft" information might be made available by ISA. The decisions on CRB rechecks will therefore need to be reviewed by the County Council once the ISA has been operational for some time.

5. Cost of implementing the VBS

5.1 At an organisational level the costs of implementing the Scheme covers three areas:

· the volume and cost of registering new entrants to the County Council with the ISA

· the volume and cost of registering existing staff already employed by the County Council

· the volume and cost of CRB re-checking.

5.2 Many departments carry out CRB checks already, and where this is the case, the costs reflect the additional ISA registration cost and additional Human Resource cost that is required for the roll-out.

5.3 The costs over the seven year period have been apportioned between the County Council and Schools dependent on volumes being managed in each financial year.

5.4 The cost of ISA registration is £64 and this is broken down as a one-off cost of £28, in addition to the £36 CRB disclosure fee that is carried out on initial registration. The County Council currently pays for the CRB fee and will pay for the ISA registration costs for its employees.

5.5 The requirement to pay the ISA registration fee will fall as more and more employees and potential employees are registered. However, the cost of any required CRB check will remain.

TOTAL - Hampshire County Council

5.6 The above budget of £6.1m is split as £1.7m to non schools and £4.4m to schools.

5.7 It is proposed that costs associated with the scheme be recovered by charging the relevant school or employing department. The basis of the charges has been discussed with departments and is reflected in their budget planning for the implementation of the scheme.

6. Conclusion

6.1 Implementing the requirements of the VBS is a significant issue for the County Council and impacts on it directly as well as its partners and those who it contracts with to supply services. Detailed planning with departments is continuing and the County Council is well placed to manage the process.

7. Recommendation(s)

7.1 That the implications of the Vetting and Barring Scheme and the approach of the County Council be endorsed.

CORPORATE OR LEGAL INFORMATION:

Links to the Corporate Strategy

Other Significant Links

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

1.1. The implementation processes of the VBS for the County Council will be impacted assessed and will not have any adverse impact.

2. Impact on Crime and Disorder:

2.1. The quality of the workforce engaged in working with children and vulnerable adults will have a direct impact on achieving successful outcomes and reducing crime and disorder issues.

3. Climate Change:

a) How does what is being proposed impact on our carbon footprint / energy consumption? N/A

b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts? N/A