Legislation Changes : Safe Guarding Vulnerable Groups

The changes affect those organisations who engage people to work with vulnerable groups. This is work which a barred person must not do (called ‘regulated activity’), or work for which the organisation may obtain a Criminal Records Bureau (CRB) check. This will often involve contact with the CRB and/or the Independent Safeguarding Authority (ISA). 

Essentially, the Government is scaling back the criminal records and barring systems to more proportionate levels, whilst ensuring that they continue to provide effective protection for those who need it. 

The major changes include:

• A wholly new definition of ‘regulated activity’ for both children and adults.
• Repeal of the ‘controlled activity’ category.
• Repeal of registration and continuous monitoring (this never actually came into force anyway).
• Repeal of sensitive additional information provided by the Chief Constable to organisations.
• A minimum age of 16 for CRB checks.
• A more rigorous relevancy test for when the police can release information held locally on an enhanced CRB check – and a new right of review for applicants.

The change to the definition of regulated activity and the repeal of controlled activity mean that the scheme will affect far fewer workers than previously. 

However, the duty to make appropriate referrals to the ISA, and the duty not to engage in regulated activity someone whom it is known has been barred by the ISA, are not changing and remain in force as they are. Also, everyone who fell within the old definition of regulated activity will remain eligible for enhanced CRB checks (but not an ISA barred list check), whether or not they fall within the new definition of regulated activity. 

Looking forward, in early December 2012, the work of the CRB and of the ISA will be merged into a single, new body – to be called the Disclosure and Barring Service (DBS). 

A new online Update Service will also be introduced from early 2013, which will allow individuals (if they choose to subscribe to it and pay a small fee) to apply for a criminal record check once and then, if they need a similar sort of check again, to reuse their existing certificate, with their employing organisation checking online to see if it is still up-to-date.

This e-mail has been delivered to you by the CybHR Legal Team.

If you require further help or assistance on this or on any other employment matter, our Employment Consultancy Service will be happy to assist you on a fee-paying basis. Book an appointment on 0208 730 6125 or at consultancy@abbeylegal.com.

Information provided by Abbey Legal Protection