Working with vulnerable groups - new Vetting
and Barring Scheme
Following the introduction of a new Vetting and Barring Scheme
("the Scheme"), RSLs may now be required to carry out checks and
monitor individuals they engage in relation to certain activities
with vulnerable groups.
The new duties will apply in relation to certain regulated or
controlled activities that involve contact with children or
vulnerable adults, or access to their personal records, where such
activities take place frequently (around once a month or more),
intensively (more than two times in any month) or overnight. Under
the Scheme, all individuals carrying out such activities will
eventually be required to register with the newly founded
Independent Safeguarding Authority ("ISA") as well as be subject of
ongoing monitoring. An individual will be registered if the ISA is
unaware of a reason why they should not work with vulnerable groups,
whilst those individuals deemed unsuitable will be placed a barred
list for either children or vulnerable adults.
RSLs will need to check whether existing and future employees
and/or volunteers are ISA registered before allowing them to work
with vulnerable groups. As it will take a number of years to phase
in registration, in the meantime enhanced criminal records bureau
("CRB") checks should be carried out to ascertain the suitability of
individuals before allowing them to carry out any regulated or
controlled activity with vulnerable groups. RSLs also need to report
certain information regarding an individual to the ISA, where it
considers that the individual may not be suitable for working with
children or vulnerable adults. It will be a criminal offence to fail
to comply with certain obligations under the Scheme.
RSLs need to consider their duties not only when engaging
employees to carry out work with vulnerable groups (for example, in
relation to nursery services or educational classes or transport
services that are run for children or vulnerable adults), but also
when funding residents to carry out community projects that involve
contact with vulnerable groups. RSLs should ensure any third party
organisation to which they subcontract responsibility to arrange and
oversee such activities are aware of their obligations under the new
Scheme, and that contracts with such third parties expressly require
compliance with the Scheme.
To find
out more, please
contact Joanne Vengadesan |