Department for Education
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Government takes further steps forward to safeguard children and vulnerable adults
The Government is to consult on the process for barring unsuitable people from working with children and vulnerable adults, as part of the next stage to introduce the toughest ever vetting and barring scheme under the newly established public body, the Independent Safeguarding Authority (ISA).
The system was legislated for in the Safeguarding Vulnerable Groups Act 2006 . Sir Roger Singleton has been appointed as chair to the ISA and Adrian McAllister has been appointed chief executive. The ISA will be vested in January 2008.
In the 13-week consultation, which starts today, respondents are asked to consider points including. who the scheme will protect, who will need to join the scheme, referring information to the scheme, how applications will be made and how the scheme will be phased in.
The new Independent Safeguarding Authority will 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.
Children's Minister Kevin Brennan said:
"We want to have the toughest ever centralised vetting and barring system in order to protect the most vulnerable groups in our society.
"But we need to ensure that our system is fair and just, and really works for children and vulnerable adults and those at the frontline of delivering their services, which is why we would encourage those working with these groups to take part in our consultation. We welcome their input."
Under the Safeguarding Vulnerable Groups Act:
* Those who pose a risk to children or vulnerable adults will be prevented, at the earliest opportunity, from getting access to them via paid or unpaid work.
* 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.
* A person will not be removed from a barred list unless he can convince the ISA that he no longer poses a risk of harm to children or vulnerable adults. An individual does not have a right to a review, but may apply for permission to apply for a review at the end of the Minimum No-Review period.
Health Minister, Ivan Lewis, said:
"People want a health and social care system they can trust and this consultation demonstrates our commitment to building a fair and comprehensive scheme.
"I would encourage employers, staff, patients and service users to take part in this consultation to help ensure that we develop a system that safeguards the most vulnerable people in our society."
Meg Hillier, Under Secretary of State at the Home Office, said:
"I welcome this consultation as an important step in developing the new Independent Safeguarding Authority scheme. Work is continuing across government to make this new scheme a reality. Consultations like this one will be vital in ensuring the scheme really delivers and helps to protect children and vulnerable adults."
NOTES TO EDITORS
1. The consultation can be found at http://www.dcsf.gov.uk/consultations
2. 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;
- The recent cross-Governmental "Staying Safe" consultation and a new Public Service Agreement to improve children's safety demonstrate our resolve to go further;
- Anyone cautioned or convicted for specified sexual offences against children is automatically entered on List 99 and barred from working in schools and other education settings. The SVG scheme will build on these arrangements.
3. The Department also today published responses to the first consultation on the Safeguarding Vulnerable Groups Act. These are available online at http://www.dcsf.gov.uk/consultations.
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