Linda Convery, partner, Lewis Silkin
Handle with care
New laws improve the vetting process for staff working with vulnerable people
What is the aim of the Safeguarding Vulnerable Groups Act?
The act aims to improve the screening process for people who work with children and vulnerable adults.
This new legislation will have significant implications for the way care home owners, domiciliary care providers and supported housing specialists deal with employment, procurement and data protection within their organisations.
How will it be implemented?
The act introduces a new statutory agency, the Independent Safeguarding Authority, which will actively work to prevent unsuitable people from working with vulnerable adults under a new vetting and barring scheme.
From 12 October, it will create two lists of people who are barred from working with children and vulnerable adults. These lists will replace current barring arrangements under List 99, Protection of Children Act and Protection of Vulnerable Adults Act.
Anyone currently barred will automatically migrate over to the new two-list system.
Who will be affected by the act?
After 12 October, everyone who comes into contact with vulnerable adults, whether as employees, volunteers or contractors, will need to register with the ISA.
The scope of workers who must be registered is wide and will include supported housing officers, care workers, domiciliary care workers, contracted transport providers and those providing maintenance services to care homes or supported housing providers on a regular basis.
It is estimated that 11.3 million people in England and Wales are likely to be affected by the new regime and will register over a five-year implementation period beginning on 26 July 2010.
Lifetime registration for a paid worker, which is transferable from post-to-post will cost £64 (registration is free for volunteers).
What is the registration process?
The Criminal Records Bureau will administer applications to register with the ISA. However, registration does not replace CRB disclosure and employers will still need to request standard or enhanced disclosure on any post that meets the criteria.
From November 2010, all care and supported housing providers will need to ensure that any new entrants carrying out regulated activities and those changing roles must register with the ISA before allowing them to start work.
There are criminal penalties on both individuals and service providers that fail to comply with the registration process or flout the barring regime.
What employers’ responsibilities?
The ISA will monitor an individual’s ISA status using information from the police national database, employers or other statutory agencies.
The act creates a mandatory obligation for relevant employers and service providers to refer information about an ISA-registered individual’s unsuitability to work with vulnerable groups to the ISA.
Any employer will be able to search online to find out whether someone has been registered and care and support providers will be able, with consent, to subscribe for automatic information updates about their workforce and contractors. The duty to refer relevant information comes into force on 12 October 2009.
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