
Key dates for implementation of the scheme
From 12 October 2009:
- The creation of two new ISA barred lists. These lists will replace the existing List 99 and POCA, POVA Lists.
- Access to these new ISA lists will be available on request as part of an Enhanced CRB check.
- Eligibility for Enhanced CRB checks will expand to include more employment and voluntary positions; such roles will be known as regulated positions.
- Standard CRB checks will no longer be available for those working with children or the vulnerable.
- There is no change to the current application form or application process.
- Employers, social services and professional regulators have a duty to refer to the ISA any information about individuals who may pose a risk. Click here for full information
- There will be criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them on
From July 2010:
- Individuals will be able, via Registered/Umbrella Bodies, to apply to the CRB for ISA-registration if they are applying to work with children and/or vulnerable adults in England, Wales and Northern Ireland. There will be a 5 year phased roll out for ISA registration of those individuals who currently work with children and/or vulnerable adults.
- Employers will be able to express an interest in a person’s ISA-registration and informed of any changes to that person’s ISA-registration status.
- The CRB will introduce a new application form to allow applications for ISA-registration and CRB checks to be made on the same form.
- Employers can carry out free, online checks of a person’s ISA-registration status.
From November 2010:
- It will be a legal requirement for individuals to register with the ISA if they intend to work or currently work with children and/or vulnerable adults in England, Wales and Northern Ireland. This will be phased in over a five year period and more details will be given nearer the time.
SCOTLAND - Protecting Vulnerable Groups Scheme
The Scottish PVG Scheme is expected to be introduced at the end of this year. CCPAS has recently responded to a consultation document on the draft guidance. Click here for full document.
Scottish Ministers have made a strong commitment to ensuring that the PVG Scheme streamlines and simplifies the disclosure process. Applications to join PVG for the first time or for a PVG Scheme record (the full record) will cost £59. Once all the existing workforce has joined, the PVG Scheme record will only be required for people new to the workforce or when an ‘employer’ chooses to follow up any new vetting information relating to an employee.
Once a person becomes a PVG Scheme member in respect of working with children, protecting adults or both, the proposed fee will be £18 for any future PVG Scheme Record Update (£5 less than the cost of an enhanced disclosure certificate under the current system). In the vast majority of cases, this will be all that an ‘employer’ will need to confirm that there is no new vetting information about the PVG Scheme member. This is because over 90% of current enhanced disclosures contain no new criminal history information. It follows therefore, that over 90% of the PVG Scheme members will have no criminal history information on their scheme record when they join and only very small numbers are likely to acquire new convictions thereafter. It will only be when a PCG Scheme Record Update shows that new vetting information has been recorded, that an employer might wish to request a PVG Scheme Record Disclosure to see the detail. The proposed fee for this would be the difference between the cost of a full disclosure and the Update - £41.
One of the key differences between the PVG Scheme and current practice is that ‘employers’, police and regulatory bodies will be able to share, with Disclosure Scotland, information about individuals who may be unsuitable to work with vulnerable groups. This sharing of information will enable Disclosure Scotland to make a fair and robust assessment about whether a person should be placed on the list of those who are barred from working with children, the list of those who are barred from working with protected adults, or both.
Once a person becomes a PVG Scheme member, any new vetting information – which is conviction and non-conviction information that is considered to be relevant held by police – will be added to their membership record. In the vast majority of cases there will be no new vetting information. When new vetting information that is a cause for concern does come to light, it is vital that it is reliable and robust.
Some offences will qualify for automatic listing; others will not. As in England, Wales and Northern Ireland, determining which offences represent this level of seriousness is complex. Offences are committed by different types of individuals, in all kinds of circumstances. The wide range of conduct covered by certain types of offences, such as assault, could range from relatively low level harm to serious and significant harm. The PVG Act recognises that, in most cases, an individual should have the opportunity to make representation before any decision is made. A full list of offences which qualify for automatic listing and other information about the scheme can be found by clicking here.
The PVG Scheme is expected to go live at the end of 2010. The exact date is still to be announced by Scottish Ministers and the aim is to give ‘employers’ as much notice as possible of the go-live date to enable them to prepare. Training and materials will be available in the run-up to, and after, go-live. In the meantime, Disclosure Scotland emphasises the need for all organisations to ensure that appropriate safe recruitment, child and/or adult protection policies and procedures are in place. Remember, CCPAS has model policies and procedures which will assist in this. See ‘Safe and Secure’ manual on our website in the members area and our ‘Help’ booklet about safe recruitment.