Introduction
Over time we will increase the number of FAQs on the site as we engage further with key stakeholders on the Safeguarding Vulnerable Groups (SVG) legislation over the coming months.
Current FAQs are as follows:
- How will the safeguarding arrangements under SVG improve on current arrangements?
- How will the new arrangements affect employers or service providers in the voluntary sector?
- How will the new arrangements work in practice?
- Will the new arrangements help people who employ someone to work with children or vulnerable adults in their own home?
- If someone is barred under the new arrangements, do they have the right of appeal?
- Will I still need to get an Enhanced Disclosure or can I rely solely on the checking mechanisms?
- Will the arrangements also apply in England, Wales and Scotland?
- How will foreign nationals be treated under the new service?
The new arrangements under the SVG legislation will bring about a number of improvements as follows:
- Integration of the existing barred lists
The new vetting service will have a single list of all those who are barred from working with children and another, related, list of those barred from working with vulnerable adults. These are called the Barred Lists and will replace the existing Disqualification from Working with Children (DWC) List, the Unsuitable Persons List (UP List) and the Disqualification from Working with Vulnerable Adults (DWVA) List, as well as the current system of Disqualification Orders, which is operated by the criminal justice system. - Checks on applicants before they are employed
The new arrangements are designed to ensure that anyone who presents a known risk to vulnerable groups is quite simply prevented from working with these groups. - Making decisions independently
A new Independent Safeguarding Authority (ISA) is being set up to make decisions where appropriate about whether or not to place an individual on the Barred Lists. Under the current arrangements in Northern Ireland, these decisions are made by either the Department of Health Social Services and Public Safety or the Department of Education. - Introducing continuous monitoring
All individuals registered with the ISA will be subject to continuous monitoring. When new information becomes known about an ISA-registered individual, the ISA will be automatically informed. The ISA will then reconsider the suitability of the registered individual. Assuming the employer has registered to be notified by the ISA, the Authority will immediately advise the employer if the individual has been placed on one of the Barred Lists. - Covering a greater proportion of the workforce
ISA registration will be required for those seeking work in a range of sectors not covered under current POCVA arrangements. In particular, greater numbers of employees working with vulnerable adults will come within the scope of the SVG legislation. Current POCVA arrangements apply only in regulated adult social care settings. - Reducing bureaucracy
Once an individual is ISA registered, subsequent employers can check their status online free of charge (unless existing policy requires or there is a legislative duty to apply for an Enhanced Criminal Record Disclosure). - Using information from a wide range of sources
As well as integrating the existing lists, the new SVG arrangements will bring together relevant information held by employers and voluntary organisations; Health and Social Services Trusts; Education and Library Boards; professional bodies such as the General Medical Council and the Northern Ireland Social Care Council; and Inspectorates such as the Regulation and Improvement Authority and the Education and Training Inspectorate.
The new SVG arrangements apply in exactly the same way to both paid and unpaid work. The important distinction is between ‘regulated activity’ and ‘controlled activity’.
- Regulated activity
It will be a criminal offence to ‘employ’ an individual in regulated activity without checking their ISA registration status or allow a barred individual to work in regulated activity. - Controlled activity
The rules governing controlled activity, including any offences which will be created, will be set out in regulations. However, it is proposed that a barred person will be permitted to work or volunteer in controlled activity, provided the necessary safeguards [to be defined] are put in place
For a more detailed explanation of what we mean by regulated and controlled activity, please see the fact sheet on this topic.
- Making an application
Those people who are applying to work or volunteer with children or vulnerable adults will apply to become ISA registered via Access NI (ANI). (More detail on the application process will be provided when these are finalised). - The application process
ANI will check whether there is any relevant police information or information from other sources, for example, previous employers or professional bodies.
If there is no information the ISA will inform the applicant that they are ISA registered.
If there is relevant information, ANI will pass this to the ISA, which will decide whether the applicant should be placed on a Barred List.
Individuals placed on an ISA Barred Lists will have the right to make representations against this decision and also may appeal to the Care Tribunal, http://www.caretribunalni.gov.uk/index.htm
, except where they have committed a serious offence. Relevant offences will be set out in regulations. - Continuous monitoring
All ISA-registered individuals will be subject to continuous monitoring. This means that the ISA decision not to bar them could be reviewed if new information comes to light. Where this happens the ISA will immediately notify all employers who have registered a legitimate interest in the individual. - Online checking
Subsequent employers will be able to check an individual’s status online, free of charge. They will also be able to obtain an Enhanced Disclosure Certificate from AccessNI, where the employer considered a disclosure necessary, or if it is a policy requirement or legislative duty.
Will the new arrangements help people who employ someone to work with children or vulnerable adults in their own home?
Yes, people employing nannies or care workers, for example, will be entitled to check the applicant’s ISA registration status under the new arrangements. The individual must have already applied to be registered with the ISA and must consent to the check.
Yes, in all but the most serious cases an individual can appeal to the Care Tribunal . If the appeal is unsuccessful, they have the right to apply for a review after a certain period of time. The review period will be set at 1 year (under 18s); 5 years (those between 18 and 25); and 10 years (all others). An individual will only be taken off the Barred Lists following a review if they demonstrate that they are no longer a risk to children or vulnerable adults.
. If the appeal is unsuccessful, they have the right to apply for a review after a certain period of time. The review period will be set at 1 year (under 18s); 5 years (those between 18 and 25); and 10 years (all others). An individual will only be taken off the Barred Lists following a review if they demonstrate that they are no longer a risk to children or vulnerable adults.Those who have committed the most serious sexual offences against children or vulnerable adults will be barred with no right to make representations nor to appeal the decision. However, they will be able to apply for a review of their case after the minimum barred period.
Will I still need to get an Enhanced Disclosure or can I rely solely on the new checking mechanisms?
A check will show if the person is ISA registered, which means that the ISA has found no known reason why the applicant should not work with children or vulnerable adults. It also means that we will review their status will be reviewed by the ISA if any new information becomes available.
Organisations may still wish to apply for an Enhanced Disclosure to obtain an applicant’s full criminal record. In some sectors it will be mandatory to do this.
ISA registration will extend to England and Wales although arrangements for making applications and appeals will differ slightly.
A separate but aligned scheme is being set up in Scotland under the Protection of Vulnerable Groups (Scotland) Act 2006. Anyone included on a Barred List in Scotland will also be barred from working with children and vulnerable adults across the UK.
All those who work in regulated or controlled activity within Northern Ireland will be required to be registered with the ISA. It is acknowledged that the quality and extent of information available at the point of registration may be limited.