Government takes next steps in safeguarding children and vulnerable adults

The Government is consulting on the processes for barring people who should not work with children and vulnerable adults as part of the next stage to introduce the toughest ever vetting and barring scheme.

The system was legislated for in the Safeguarding Vulnerable Groups Act 2006 and will be introduced from autumn of 2008.

In the 12-week consultation, which starts today, respondents are asked to consider points including:

* whether they agree with the list of offences which would result in being automatically barred from working with children and vulnerable people;

* in cases where someone is permitted to make representations about whether they should be barred, the period of time in which those individuals are allowed to make those representations to the Independent Safeguarding Authority about their case;

* how long adults and young people who are barred should have to wait before they can ask for their bar to be reviewed - the "minimum no-review period";

* whether this "minimum no-review period" should be the same length for both adults and young people and whether the age boundary for a younger person - which determines how long they have to wait before they can apply for a review - should be 18 or 25.

The Independent Safeguarding Authority was previously known as the Independent Barring Board and will be the new non-departmental public body to be created to take consistent expert decisions as to who should be included in the new lists of people who will be barred from working with children and/or vulnerable adults. Parliamentary Under Secretary for Children, Families and Young People, Parmjit Dhanda, said:

"The protection of children and vulnerable adults is our unequivocal first priority. The Safeguarding Vulnerable Groups Act will deliver the first centralised vetting and barring system for all those working with children and vulnerable adults.

"The changes we are introducing will ensure we have the toughest ever system to protect the most vulnerable in our society. But alongside that we also need to make sure we introduce a system that is both fair and just. We look forward to seeing people's responses to the consultation."

Under the Safeguarding Vulnerable Groups Act:

* there will be tough penalties for those employers who fail in their responsibility to carry out the necessary checks or recruit people who are not members of the scheme - including fines of up to #5,000;

* it will be a criminal offence for a barred individual to even seek a job in regulated activity working in close contact with children or vulnerable adults;

* employers and parents will be able to make an on-line check that a prospective employee is a member of the scheme and thus not barred;

* vetting decisions will be reviewed when new information becomes available and employers who have registered an interest will be notified when an individual ceases to be a member of the scheme.

Parliamentary Under-Secretary of State for the Home Office, Joan Ryan, said:

"The vetting and barring scheme will enable us to create a world leading system for protecting children and vulnerable adults. The scheme, currently being implemented by the Home Office, will help to prevent unsuitable people from gaining access to potential victims.

"Protecting the most vulnerable in our society is a vital duty and a trusted, fair and just system is essential if this is to happen. We hope many people will take part in this consultation and I look forward to seeing the responses."

Ivan Lewis, Care Services Minister at the Department of Health, said:

"Everyone using health and social care services has the right to feel safe in the knowledge that staff and volunteers have been thoroughly checked. The new vetting and barring scheme will bring together up to date information from a number of sources so that individuals who are a risk to vulnerable adults can be assessed, and where appropriate barred, from the workforce.

"Employers, staff, patients and service users want a system they can trust and this consultation demonstrates our commitment to building a comprehensive and fair scheme."

The Government has already introduced a number of measures to protect children and vulnerable adults including:

* The Protection of Children Act scheme was introduced in 2000, with the Protection of Vulnerable Adults scheme following in 2004;

* The Criminal Records Bureau was created in 2002, with the task of providing criminal records checks on people wishing to work with children or vulnerable adults - CRB checks are now mandatory for schools, the care home sector, and the domiciliary care sector;

* The Sexual Offences Act 2003 strengthened notification requirements for sex offenders;

* The Children Act 2004 further strengthened arrangements to safeguard and promote children's welfare, and introduced Local Safeguarding Children Boards;

* In 2006 we set up the Dignity in Care initiative to ensure all older people are treated with dignity when using health and social care services, and we also published the 'Our Health, Our Care, Our Say' White Paper which included measures covering vulnerable adults;

* The Safeguarding Children and Safer Recruitment in Education guidance, which is underpinned by regulations, came into force in January 2007. This consolidated guidance sets out the responsibilities of all local authorities and the education sector to safeguard and promote the welfare of children and young people;

* 'Staying Safe' is a key outcome of the 'Every Child Matters'

programme;

* Anyone cautioned or convicted for specified sexual offences against children will automatically be entered on List 99 and barred from working in schools and other education settings.

NOTES TO EDITORS

1. The consultation can be found at www.dfes.gov.uk

2. The Home Office have already announced that Sir Roger Singleton will be chair of the new Independent Safeguarding Authority.