Giving care and education providers the responsibility for vetting their own staff has generated a great deal of discussion. Many red herrings have emerged in the press and we seem to be celebrating because Disclosure Scotland does not have the same backlog of checks as its English counterpart, the Criminal Records Bureau.
Unfortunately, we have missed the most crucial aspect of this change, namely that employers do not have access to sources of information previously available to local authority registration and inspection officers.
While previous practice varied from authority to authority, checks could be made of social work records and with GPs. Anecdotal evidence suggests these sources of information were responsible for more individuals being deemed unfit to work with children than from a Scottish Criminal Record Office check.
It is also a concern that the Disqualification for Caring for Children Regulations has not been adequately replaced. Since 1 April, people who have had children removed from their care, had their parental rights removed, been refused registration or had a registration cancelled have been able to apply to work with children. Unless prospective employers knew to ask relevant questions, such information would not become known.
The Care Commission has been criticised over the changes in responsibility for vetting staff, but the responsibility for these changes lies at the door of Scottish ministers. It is right that employers vet their own staff, but they need the proper tools to do so.
A key component of the change to regulation is to enhance the protection of users. The current system is not as robust as the previous local authority system, although it had its faults, and may be placing some children at risk. Improved protection can only occur when access is given to information that is effective and will assist in determining fitness to work with children.
