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The Safeguarding Vulnerable Groups Act 2006 defines the scope of the Vetting and Barring Scheme. It provides that certain activities in relation to children and vulnerable adults are regulated. This is known as 'regulated activity'.
What is regulated activity?
Regulated activity is any activity which involves contact with children or vulnerable adults. This could be paid or voluntary work.
Such activities include:
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Any activity of a specified nature which involves contact with children or vulnerable adults frequently, intensively and/or overnight.
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Any activity allowing contact with children or vulnerable adults that is in a specified place frequently or intensively.
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Fostering and childcare.
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Any activity that involves people in certain defined positions of responsibility.
Employers’ duties and responsibilities
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It will be a criminal offence for an employer to allow a barred person, or a person who is not yet registered with the ISA, to work for any length of time in any regulated activity.
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It will be a criminal offence for an employer to take on a person in a regulated activity if they fail to check that person’s status.
Employees’ duties and responsibilities
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A barred individual must not take part in any regulated activity.
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An individual taking part in a regulated activity must be registered with the ISA.
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It will be a criminal offence for a barred person to take part in a regulated activity for any length of time.
Domestic employment
Domestic employers (eg parents and carers) do not have to check that their employees are ISA-registered but the new scheme will give them the opportunity to check the status of an individual (with their consent) if they wish to do so.
It will be an offence for a barred person to take part in any regulated activity in a domestic circumstance.
For more information about regulated activities, read the factsheet ‘Regulated and controlled activities' on the ISA website.Regulated and controlled activities
What is controlled activity?
Controlled activities include:
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Frequent or intensive support work in general health settings, the NHS and further education settings.
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People not working for specified organisations with frequent access to sensitive records about children and vulnerable adults.
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Support work in adult social care settings.
Employers’ duties and responsibilities
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It will be an offence for an employer to take on an individual in a controlled activity if they fail to check that person’s status.
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An employer can permit a barred person to work in a controlled activity as long as safeguards are put in place.
For more information about controlled activities, read the factsheet ‘Regulated and controlled activities' on the ISA website. Regulated and controlled activities
Making referrals
It is important for the success of the Vetting and Barring Scheme that information about individuals is shared by different organisations.
The following organisations have a legal obligation to refer relevant information about an individual to the ISA:
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adult/child protection teams in local authorities;
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professional bodies and supervisory authorities named in the Act;
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employers and service providers of regulated and controlled activity; and
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personnel suppliers.
All other employers of those working with children and/or vulnerable adults may refer relevant information to the ISA.
Parents and private employers should go to a statutory agency who can investigate and refer if necessary.
The ISA will inform professional and regulatory bodies when it bars someone so that their professional registration can also be reviewed.
For more information about referrals, read the factsheet ‘An employer’s duty to refer information’ on the ISA website. An employer’s duty to refer information. |
