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Press Release

Date	Description
24/09/07	Safeguarding Vulnerable Groups Act 2006

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Safeguarding Vulnerable Groups Act 2006

The Safeguarding Vulnerable Groups Act 2006 provides the legal framework for The Independent Safeguarding Authority (ISA), and introduces two new types of employment: regulated activities and controlled activities. Its provisions will be introduced in stages from autumn 2008.

Regulated activities include

• Any activity which involves contact with children or vulnerable adults and is of a specified nature (eg teaching, training, care, supervision, advice, treatment or transport) frequently, intensively and/or overnight

• Any activity allowing contact with children or vulnerable adults and is in a specified place (eg schools, care homes, etc) frequently or intensively

• Fostering and childcare

• Certain defined positions of responsibility (eg school governor, director of social services, trustees of certain charities)

Regulated activity applies where the activity is frequent, or takes place on three or more days in a 30-day period (ie ‘intensively’). ‘Frequently’ will take its normal common law definition and further guidance about this will be issued by government.

 Duties and responsibilities under regulated activity include:

• To undertake a regulated activity, a person must have been vetted by the scheme

• It will be an offence for a barred person to undertake regulated activity for any length of time

• Any employer taking on a person in a regulated activity will commit a criminal offence if they fail to check the status of an applicant, employee or volunteer

• It will also be an offence for employers/providers to permit a barred person, or a person who has not yet had a vetting and barring check, to work for any length of time (no matter how infrequent) in a regulated activity

Duties and responsibilities in domestic employment circumstances (eg private tutors and care workers) include:

• It will be an offence for a barred person to undertake regulated activity in a domestic circumstance

• It will not be mandatory for domestic employers to check a person, but they will be able to check whether a person is barred (with their consent)

   

Controlled activities include

• Frequent or intensive support in general health, NHS, FE settings (eg cleaner, caretaker, shop worker, catering staff, car park attendant, receptionist)

• Those working for specified organisations (eg a local authority) with frequent access to sensitive records about children and vulnerable adults

• Support work in adult social care settings (eg day centre cleaners, those with access to social care records)

Duties and responsibilities under controlled activity include:

• An employer taking on a person in a controlled activity will commit a criminal offence if they fail to check the status of an applicant, employee or volunteer

• Providing sufficient safeguards are put in place, the provider can permit a barred person to work in a controlled activity

In summary:

	Duty on individual Bar applies	Duty of employers Individual must be checked	Duty on employers Authority to engage a barred person
Regulated activities Employment and volunteer settings	√	√	x
Regulated activities Domestic employ-ment settings	√	x	x
Controlled activities Employers with safeguards	X	√	√

The Barred Lists

There will be two barred lists: the Children’s Barred List and the Adults Barred List. The Children’s Barred List is a list of people barred from working with children. It replaces List 99, PoCA and the disqualification orders. The Adults Barred List is a list of people barred from working with adults. It replaces PoVA

There will be three barring routes which will lead to inclusion on either list:

• Automatic barring – immediate inclusion with no right to make representations on conviction or caution for the most serious sexual offences against children and/or vulnerable adults

• Automatic inclusion on the list – immediate inclusion on conviction or caution for other serious offences, following which the individual can made representations as to why they should be removed from the list. The individual will not be able to work with children and/or vulnerable adults until a decision is taken to remove them from the list

• Discretionary bar – consideration on either list by The Independent Safeguarding Authority (ISA) where information suggests that the individual’s behaviour harmed or put at risk of harm a child and/or vulnerable adult, or that the individual may harm a child and/or vulnerable adult. The individual will be given the opportunity to provide representations before the ISA makes a decision whether it is appropriate to include them on the list(s)

Duties on Employers

Under the Act, the following organisations have a duty to refer relevant information to the ISA:

• Adult/child protection teams in local authorities

• Named professional bodies and supervisory authorities in the Act

• Employers and service providers of regulated and controlled activity; and

• Personnel suppliers (eg employment agencies)

The Act stipulates that the following organisations may refer relevant information: 

• All other employers of those working with children and/or vulnerable adults; and

• Parents/private employers, but they should refer information to social services or the police who can investigate and refer information to the IBB if appropriate

Employers and service providers must refer information where they have dismissed an individual, or they resigned, because they harmed, or may harm, a child or vulnerable adult

Mervyn Barrett

11 September 2007

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