Nurseries, as major employers of staff working with children, will have been awaiting with interest the announcement by the Home Office of the terms of reference for reviews of both the Vetting and Barring Scheme and the criminal records regime. This issue has been particularly 'close to home' for those in the early years sector, given the high profile cases of abuse in early years settings over the past couple of years.
The controversial VBS was designed to build on, and replace, the previous barring process and was an attempt to establish a more consistent process for vetting individuals who wished to work with children and vulnerable adults.
On 15 June 2010, registration with the VBS was halted. The Coalition government considered that the VBS went too far and proposed to scale it back to 'common sense levels'.
The results of the review are now in, having been announced by Nick Clegg on 11 February. They recommend a radical overhaul of the criminal record regime and the VBS.
Q: Why was the review considered necessary?
There was clearly a feeling that the system was not fit for purpose, was too onerous and in the current form posed a great disincentive for people to volunteer to work with children. The latter seemed at odds with the government's plans for a 'Big Society'.
It was thought that the VBS could be perceived by employers to be a 'panacea' and discourage thoughtful, responsible approaches to be taken by them.
Also, there was a lot of criticism at the time that the VBS was proposed that it would prevent educational visits into schools and nurseries - a number of well-known authors such as Philip Pullman, Anthony Horowitz and Anne Fine were particularly vocal on the subject.
There were suggestions, perhaps misguided, that the rules would extend to adults giving lifts to others' children.
Q: What recommendations have come out of the review?
The 'headline' issue seems to be that the number of positions for which checks are required will be reduced, so they are only relevant for those who work closely and regularly with children.
The report also recommends a new streamlined body to provide a national barring system and criminal records disclosure service.
The Criminal Records Bureau will merge with the Independent Safeguarding Authority (ISA) and a single non-departmental public body or agency will be created.
It also seems that it will be possible for employers to share CRB checks, reducing the need for multiple checks.
Finally, it has been stated that there will be no ongoing need for those working with vulnerable groups to register with the VBS and be monitored by the ISA, and also employers will be prevented from requesting CRB checks for individuals where there is no requirement for those checks to be undertaken.
The full report is at: http://www.homeoffice.gov.uk/publications/crime/vbs-report.
Q: How will this affect nursery managers and owners?
It is only employees who are considered to be working most closely with children who will still be required to have checks carried out on them. The position, therefore, is likely to remain unchanged in relation to members of staff.
It is likely, however, to be different in relation to volunteers (parents, say) who help out on an infrequent basis, with checks not being required. We do not have these details yet, but some form of barring scheme will remain in place.
Q: When will the changes be implemented?
The Protection of Freedoms Bill will include the necessary legislative changes proposed in the review. This Bill is expected to become law by early 2012, and the new regime will be introduced as soon as possible after this. The changes will then be introduced gradually to ensure a seamless transition.
It is important to note that the duties placed on employers remain in place. It is an offence for schools and nurseries to knowingly allow a barred person to work in 'regulated activity' (the definition of 'regulated activity' was amended last year). The legal duty to refer individuals who pose a risk of harm to vulnerable groups to the ISA also remains.
Committing a criminal offence can be avoided by continuing to follow the current regime of pre-employment checks. The statutory guidance Safeguarding Children and Safer Recruitment in Education (January 2007) remains in force and covers all aspects of safeguarding, recruitment of staff and volunteers and management of allegations against staff.
Q: What has the reaction been to this announcement?
It is probably too early to tell, although everyone seems to be agreed that where the safety of children is concerned, the stakes are too high to make changes without proper consideration. The announcement seems to have been welcomed by some, particularly in relation to the streamlining of some administrative matters. However, a number have questioned whether the changes might put children at increased risk, saying that even an imperfect system provides a deterrent to those who may be intent on harming children, and queried whether the steps are simply a cost-saving measure.
BACKGROUND
The Vetting and Barring scheme was established as a result of the Bichard Enquiry, which followed the Soham murders. It recommended that all those who work with vulnerable groups should be registered.
The Independent Safeguarding Authority was set up as a non-departmental public body, sponsored by the Home Office, which acts as the decision-making element of the VBS and manages the two lists, of individuals barred from working with children and individuals barred from working with vulnerable adults.
As a result of the review, the two are being combined into one body.
FURTHER INFORMATION
www.cwdcouncil.org.uk/safeguarding
You can contact Robert Collier or another member of the Early Years Team at Veale Wasbrough Vizards at 0117 314 5472 or rcollier@vwv.co.uk
