The Deputy Prime Minister, Nick Clegg, has unveiled a new scaled back employment vetting scheme and fundamental reform of criminal records checks.

Announcing the findings of the parallel reviews of the Vetting & Barring Scheme and the criminal records regime on Friday 11 February Mr Clegg revealed that millions of people will be removed from the need to carry out compulsory pre-employment checks.

Deputy Prime Minister Nick Clegg said:

"The Freedoms Bill will protect millions of people from state intrusion in their private lives and mark a return to common sense government. It delivers on our commitment to restore hard-won British liberties with sweeping reforms that will end the unnecessary scrutiny of law-abiding individuals.

"We inherited a messy criminal records regime that developed piecemeal and defied common sense. Our reviews concluded that the systems were not proportionate and needed to be less bureaucratic. They will now be scaled back to sensible levels whilst at the same time protecting vulnerable people."

Home Office Minister Lynne Featherstone said:

"I came into this department and was immediately struck by the need to look again at the vetting and barring scheme and criminal records regime.

"I feel the changes that are now being made strike the balance between our own personal liberties whilst ensuring vulnerable people are protected."

Children's Minister Tim Loughton said:

"Protecting children and keeping them safe remains our top priority, but it's also important that well meaning adults are not put off working or volunteering with children.

"The new system will be less bureaucratic and less intimidating. It will empower organisations to ask the right questions and make all the appropriate pre-employment checks, and encourage everyone to be vigilant.

"This is a common sense and proportionate approach which will ensure that children are properly protected without driving a wedge between them and adults."

Care Services Minister Paul Burstow said:

"Our plans will create a thorough system of checks that won't over-burden people with bureaucracy. Vulnerable people and their families will be able to have confidence in the new safeguards, while the doctors, nurses, social care workers and many others who need to be checked will have a more user-friendly system.

"I look forward to working with other departments in putting the plans into action. Together we will create a better way of safeguarding some of society's most vulnerable people."

1/ Re-modelling the Vetting & Barring Scheme (VBS)

Introduction

In its "Programme for Government", the Coalition committed to reviewing the Vetting and Barring Scheme (VBS) to scale it back to common sense levels.

The VBS had been created to help safeguard children and vulnerable adults, following the Bichard Inquiry and was designed to check the records of those who wanted to work with vulnerable groups.

People who wished to work or volunteer with children or vulnerable adults would have had to undergo a process before starting work whereby they would have information held on them assessed. If they were assessed to pose a risk of harm to vulnerable groups then they would be barred from working or volunteering with these groups.

This concept of checking the suitability of those working with vulnerable people was not new, barring schemes having been in use since 1926. However, there was a perception that the VBS went too far. It would have required 9.3 million people to register with, and be monitored by, the Scheme and shifted the responsibility for ensuring safe recruitment too much away from the employer and towards the state.

Many thought the VBS, while well intentioned, was a disproportionate response to the risk posed by a small minority of people who wished to commit harm to vulnerable people and in June 2010 Ministers announced that the planned implementation of the VBS was to be halted, pending a thorough review.

The review report has now been published and its recommendations are set out below:

Summary of the VBS remodelling review recommendations:

a) A state body should continue to provide a barring function to help employers protect those at risk from people who seek to do them harm via work or volunteering roles.

b) The Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA) should be merged and a single Non-Departmental Public Body or Agency created to provide a barring and criminal records disclosure service.

c) The new barring regime should cover only those who may have regular or close contact with vulnerable groups.

d) Barring should continue to apply to both paid and unpaid roles.

e) Automatic barring should apply for those serious offences which provide a clear and direct indication of risk.

f) Registration should be scrapped - there should be no requirement for people to register with the scheme and there will be no ongoing monitoring.

g) The information used by the state barring body (currently the ISA) to make a barring decision should be serious in nature.

h) Criminal records disclosures should continue to be available to employers and voluntary bodies but should be revised to become portable through the introduction of a system which allows for continuous updating.

i) The new regime should retain current arrangements for referrals to the state barring body (currently the ISA) by employers and certain regulatory bodies, in circumstances where individuals have demonstrated a risk of harm to children or vulnerable adults.

j) The current appeals arrangements should be retained.

k) The state barring body should be given a power to vary review periods in appropriate circumstances.

l) Services relating to criminal records disclosure and barring provisions should be self-financing. We recommend the Government consults on raising the cost of the criminal records disclosure fee to cover the costs incurred.

m) The new system will retain two offences; it will continue to be an offence for a barred person to work with vulnerable groups in regulated activity roles. It will also be an offence for an employer or voluntary organisation knowingly to employ a barred person in a regulated activity role.

n) Finally, the Government should raise awareness of safeguarding issues and should widely promote the part everyone has to play in ensuring proper safeguarding amongst employers, volunteer organisations, families and the wider community.

The Terms of Reference along with the full VBS review report, can be downloaded using the following link:

http://www.homeoffice.gov.uk/crime/vetting-barring-scheme/

Further information about the Reviews

Please see the separate sections below for further information about each review, including links to the detailed terms of reference for each:

Business as usual

It is business as usual at the CRB, AccessNI and the ISA. Their websites will be updated with any new information. These website addresses are as follows:

CRB/AccessNI
For information relating to the current Disclosure process visit: www.crb.homeoffice.gov.uk or www.accessni.gov.uk You can also contact the CRB Customer Services team on 0870 90 90 811

Independent Safeguarding Authority (ISA)
For information relating to referrals and barring decisions : www.isa-gov.org.uk

Please note that the VBS contact centre ceased operation on 31 December 2010.

Stay informed

Over 66,000 employers, charities and voluntary groups have registered an interest in being updated on the Vetting & Barring Scheme, and this newsletter is being circulated as an update to those individuals and organisations. This approach will be used to communicate further information.

Therefore if you know anyone else who would like to be kept updated, please forward this newsletter to them and ask that they complete their details on the ISA website (click here) to receive information directly in the future.

Questions and Answers about the remodelling of the VBS

1. What was wrong with the Vetting & Barring Scheme planned to be rolled out by the last administration?

The Government considers elements of the previous scheme to be disproportionate and unnecessarily bureaucratic. As part of the Coalition Agreement, the Government is committed to scaling the Vetting & Barring Scheme back to common sense levels.

2. Which Government departments are involved with the remodelling of the Vetting & Barring Scheme?

The Department of Health (DH), the Department for Education (DfE) and the Home Office are working together on the remodelling of the Vetting and Barring Scheme.

3. Who conducted the VBS Review?

The VBS review was jointly carried out by civil servants from DfE, DH and the Home Office on behalf of Government, consulting key partners. Its recommendations were considered carefully by Ministers.

4. Why are you looking to scale the VBS back, surely it's important that all of those who have access to children or vulnerable adults should be checked?

Under the previous arrangements proposed, some nine million individuals would have been required to register under the Vetting & Barring Scheme, as their work fell within the definitions of the prescribed work (i.e. regulated or controlled activities involving children or vulnerable adults).

The Government has conducted a review of these proposals and come to the view that they were not proportionate. We will seek amendment to the Safeguarding Vulnerable Groups Act 2006, which provides the framework for the VBS, and redefine the scope of the scheme (i.e. reduce the range of posts that fall within 'regulated activity' and scrape 'controlled activity' altogether) so that only essential posts (from a public protection perspective) will fall within its requirements.

5. How long will it take to create a new system?

We expect the primary legislation to be in place by early 2012 and will begin introducing changes as soon as practicable.

This could take many months to fully roll out and we will need transition arrangements in the meantime. Appropriate and timely guidance about the remodelled arrangements will be provided before any further changes commence.

Appropriate and timely guidance about the remodelled scheme will be provided before any further aspects commence.

We will continue to use Government websites to ensure that appropriate information is available relevant audiences.

6. What are the changes being made?

Under the pre-review system those who worked or volunteered with children or vulnerable adults in England, Wales or Northern Ireland, or employed people to do so, were to have been affected by the Vetting & Barring Scheme.

Anyone undertaking a special type of activity - called a 'regulated activity' or 'controlled activity'- on a regular basis would have had to become part of the Scheme by registering and having their records checked and becoming subject to continuous monitoring, thereafter.

The original scope of the scheme was designed to comprehensively cover anyone working closely with children or vulnerable adults, either paid or unpaid, on a frequent, or regular basis.

We are proposing to redefine the definition of regulated activity (and so scope to bar) and scrape the notion of controlled activity all together.

Further, those undertaking post which fall with the scope of the new arrangements will not be required to register with the scheme and there will be no continuous monitoring arrangements.

7. So what is happening to 'regulated activity'?

The definition of 'regulated activity' will be narrowed under these amendments, meaning the range of posts subject to barring decisions will be reduced. As we will also be scrapping the previous requirements for registration and continuous monitoring, the overall burden on those posts still within the scope of the scheme will be greatly reduced and, we believe, more proportionate.

A smaller (and more proportionate) group of roles will now be defined as regulated activities.

8. What is happening to 'controlled activity'?

The concept of 'controlled activity', where an individual had some contact with children and vulnerable adults, but not as intense, frequent or regular as that deemed a regulated activity, will be scrapped under these amendments.

Previously, controlled activity would have covered posts like receptionists in outpatient clinics, catering staff in further education colleges and hospital records clerks, for example. Employers would have had to check people applying for these posts but could have employed them if appropriate safeguards were put in place.

9. Do employers still have to make referrals to the ISA whilst the VBS remodelling process is underway?

Yes. Whilst the Scheme is being remodelled existing duties to make referrals to the ISA remain in force. The following changes came into effect from 12 October 2009:

• The previous barred lists were replaced by new barred lists administered by the ISA. Checks of these new lists can, as for the old lists before, be made with an Enhanced CRB/ Access NI check.
• A new legal duty was created for employers, local authorities, professional regulators and inspection bodies requiring them to refer information to the ISA where they considered an individual had caused harm or posed an ongoing risk to vulnerable groups.
• Existing criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them on now applied to a wider range of work.

2/ The review of the criminal records regime

Introduction

In parallel with the review of the VBS, a separate but aligned review of the broader criminal records regime was undertaken. Led by Mrs Sunita Mason, the Government's Independent Advisor on Criminality Information Management, the first phase of that review has focused on issues concerned with the extent and demands of pre-employment vetting systems and the role of the Criminal Records Bureau (CRB), in particular, what information it should be disclosing and to whom.

Phase one of this review has also been published and a summary of Mrs Mason's recommendations are set out below:

Summary of Sunita Mason's criminal records regime review recommendations:

I recommend that eligibility for criminal records checks is scaled back (recommendation 1).

I recommend that criminal records checks should be portable (transferable) between jobs and activities (recommendation 2).

I recommend that the Criminal Records Bureau (CRB) introduce an online system to allow employers to check if updated information is held on an applicant (recommendation 3).

I recommend that a new CRB procedure is developed so that the criminal records certificate is only issued directly to the individual applicant (recommendation 4).

I recommend that the Government introduces a filter to remove old and minor conviction information from criminal records checks (recommendation 5).

I recommend the introduction of a package of measures to improve the disclosure of police information to employers (recommendation 6).

I recommend that the CRB develop an open and transparent representations process and that the disclosure of police information is overseen by an independent expert (recommendation 7).

I recommend that where employers knowingly make unlawful criminal records check applications the penalties and sanctions are rigorously enforced (recommendation 8).

I recommend that basic level criminal record checks are introduced in England and Wales (recommendation 9).

I recommend that comprehensive and easily understood guidance is developed to fully explain the criminal records and employment checking regime (recommendation 10).

The Terms of Reference along with the full criminal records regime report can be downloaded using the following link:

http://www.homeoffice.gov.uk/publications/crime/criminal-records-review-phase1/

The Home Secretary, Theresa May, has today (15th June 2010) issued a statement to the House of Commons which confirms the stated intention of the coalition Government to review the Vetting & Barring and criminal records regimes to ensure that they are scaled back to common sense levels.

The Written Ministerial Statement reads:

Tuesday, 15 June 2010
HOME OFFICE
Vetting and Barring Scheme

Secretary of State for the Home Department (Theresa May):
I am announcing today that the commencement of voluntary registration with the new Vetting and Barring Scheme (VBS) in England, Wales and Northern Ireland, which was due to begin on 26 July, will be brought to a halt as of today.

The Government has made clear its intention to bring the criminal records and Vetting and Barring regimes back to common sense levels. Until this remodelling has taken place, we have decided to maintain those aspects of the new Scheme which are already in place, but not to introduce further elements.

The safety of children and vulnerable adults is of paramount importance to the new government. We will therefore maintain the current arrangements under which the Independent Safeguarding Authority is able to bar from "regulated activities" those considered unsuitable to work with children or vulnerable adults, and appropriate cases must be referred to them. Criminal records checks will also remain available for those eligible to receive them, and will continue to be required for certain posts where regulations are already in place.

However it is vital that we take a measured approach in these matters. Vulnerable groups must be properly protected in a way that is proportionate and sensible. The remodelling of the VBS will ensure this happens.

The terms of reference for the remodelling of the VBS and of the criminal records regime are currently being considered and a further announcement will be made in due course.

Commenting on the decision, the Home Secretary, Theresa May said:

"The safety of children and vulnerable adults is of paramount importance to the new Government.

"However it is also vital that we take a measured approach in these matters. We've listened to the criticisms and will respond with a scheme that has been fundamentally remodelled.

"Vulnerable groups must be properly protected in a way that is proportionate and sensible. This redrawing of the vetting and barring scheme will ensure this happens."

Background to the Vetting & Barring Scheme (VBS)

The VBS was designed to protect children and vulnerable adults by preventing those who pose a known risk from gaining access to them through their work or volunteering. The Independent Safeguarding Authority (ISA) now maintains two lists, one of those barred from working with children, the other of those barred from working with vulnerable adults.

Impact on Registration

However, as a consequence of this today's announcement, the introduction of the Scheme will be stopped to allow the Government to re-model it to common sense levels.

Further detailed information about the impact on the CRB application process is at the end of this newsletter.

Scope of the process

The process for remodelling the Vetting & Barring Scheme is currently being finalised. Further details will be announced shortly and we will provide you with this information as soon as it is available.

We recognise that this change in plans may impact on the preparations you have already undertaken, however it is essential that Ministers have the opportunity to consider the Scheme's impact and the role it should play.

What will the CRB/AccessNI be doing during the remodelling period?

During this process it will be business as usual for the CRB and AccessNI's Disclosure service. Although the Scheme has been stopped, changes introduced in October 2009 are still in place. Organisations that are engaging individuals to work in regulated activity with children or vulnerable adults should continue to use their existing safeguarding practices, including the use of enhanced CRB/AccessNI disclosures where these are required by law or regarded as appropriate by employers.

Continued Safeguarding

Whilst the Scheme is being remodelled existing safeguarding regulations remain in force and should be adhered to. The following changes came into effect from 12th October 2009.

• it is now a criminal offence for barred individuals to apply to work with children or vulnerable adults in a wider range of posts than previously. Employers also face criminal sanctions for knowingly employing a barred individual across a wider range of work;
• the previous barring lists have been replaced by two new barred lists administered by the ISA rather than several Government departments. Now, checks of these two lists can be made as part of an Enhanced CRB/AccessNI check;
• additional jobs and voluntary positions are covered by the new regulations, including moderators of children's internet chat rooms and large numbers of NHS and justice sector staff;
• employers, local authorities, professional regulators and inspection bodies are now under a duty to refer to the ISA any information about an individual where they consider them to have caused harm or pose a risk of harm to vulnerable groups, such as why they stopped, or considered stopping, an individual working with vulnerable groups.

Keep up to date

All customers are advised to check the CRB / AccessNI websites (www.crb.homeoffice.gov.uk or www.accessni.gov.uk ) for the latest information on the disclosure process. Alternatively, you can contact the CRB Customer Services team on 0870 90 90 811

The latest guidance about the other aspects of the scheme is available via www.direct.gov.uk or www.nidirect.gov.uk/vetting or www.businesslink.gov.uk . The VBS contact centre can also provide you with guidance if you call them on 0300 123 1111 (this is a lo-call number and will only cost you the same as making a local call).

Over 66,000 employers, charities and voluntary groups have registered an interest in being updated on the Vetting & Barring Scheme, and this newsletter is being circulated as an update to those individuals and organisations. If you know of anyone else who would like to be kept updated, please forward this to them and ask that they complete their details on the ISA website (click here) to receive information directly in the future.

Further information for Registered Bodies and CRB customers.

Impact on CRB application process

As a result of ISA registration being stopped, the CRB has had to consider the impact on its application process. You will be aware that the CRB has recently provided Registered Bodies with an initial stock of new (purple) application forms in readiness for the planned launch of the ISA registration phase in July, and although this phase of the VBS has now been halted, the CRB will still launch the new application form on 26 July 2010 as originally planned.

This is to reduce the inconvenience to you during this period. In order to process your applications, the CRB will extract and ignore those parts of the new application form which capture ISA registration requirements, and use only those data fields which are required to process a CRB check.

You may begin to submit applications using the new (purple) form from 28 June 2010. However, please note that applications received on or after this date for Enhanced or Standard checks will not begin to be processed until 26 July 2010, as originally planned for ISA registrations. This is the date by which we will have switched over to the new processing system and will be able to handle the new forms.

Below are answers to questions that you may have about the transition to the new application form and a timetable of important dates.

Questions and Answers relating to the new CRB application form

Why has ISA registration been halted?

The new coalition Government had already stated their intention to "review the vetting and barring regime and scale it back to common sense levels".

The Government appreciates the amount of work and preparation that has gone into the scheme in sectors that work with children or vulnerable adults. Ministers are also aware that affected organisations will be keen to hear, from the new Government, details not only on the remodelling itself, but also on whether it will lead to any change to the future introduction of ISA registration, and will bear in mind that an early announcement on those specific points would be widely welcomed by all those who work with vulnerable groups.

The scope and timing of the remodel are expected to be finalised shortly and the CRB will communicate any updates as soon as more information is available.

Will ISA registration still be introduced?

It is not yet clear how the Government's remodelling of the Vetting and Barring Scheme will impact the future of ISA registration. Once more information about the outcome of the remodel is available, the CRB will communicate this to you.

When can I start submitting applications on the new form?

CRB will accept applications on the new form from 28 June 2010. Those applications made on the new form will be held unprocessed until 26 July 2010 at which point they will be processed in date received order.

What is the last date I can order stocks of the current form?

The last date for ordering stocks of the current form is 12 July 2010.

What is the last date I can submit applications on the current form?

The last date that the CRB can receive applications on the current form is 20 July 2010 therefore if you are making an application by telephone or submitting a postal application, you should do so no later than 16 July 2010 to allow time for the form to be returned to the CRB by 20 July 2010. Any applications on the current form received by the CRB after 20 July 2010 will be rejected.

What will happen on the 26 July 2010 as a result of the government announcement?

On 26 July 2010, the CRB will still start processing applications made on the new form since 28 June 2010 and you can start to order additional stocks of the new form as normal.

Can I order more of the new application forms now?

The CRB recently provided you with an initial stock of new application forms in readiness for July. This was the equivalent of three months supply. Only in exceptional circumstances will we be able to issue additional stocks, otherwise you should wait until 26 July 2010 at which point you can order stocks as normal by phoning our Customer Services team on 0870 90 90 811.

How do I order more new application forms?

From 26 July 2010, you can order these as normal by phoning our Customer Services team on 0870 90 90 811. If, in exceptional circumstances you wish to order additional stocks of new application forms before this date, you will need to contact us at customerservices@crb.gsi.gov.uk.

Are there any changes to the way I complete the new application form?

Yes, as a result of ISA registration being halted, the following changes to completing the new application form should be noted:

• Section A, Question 28 - 'Do you have an ISA registration number' will not be a mandatory field and can be omitted.
• Section D -'apply for registration with ISA' can be omitted - you should not complete this section until further notice.
• Section X, Question 61 - 'Position applied for' - only the first 30 characters of this field will be recognised as with the current form therefore it is key that you complete this section as you would for the current form to capture things such as 'Home Based' positions within those first 30 characters
• Section X, Questions 64 and 65 - 'are your entitled to know whether the applicant is registered to work with children/ vulnerable adults?' - continue to answer YES or NO if you require a check of the relevant ISA barred lists.

Please avoid completing those sections of the form that relate to the ISA registration phase of the VBS unless we inform you to do so.

Will the CRB be revising its e-guide and providing new guidance on completing the new application form?

The CRB's e-guide was developed in line with the planned introduction of both the new application form and ISA registration and although the CRB are still able to launch the new form from the 26 July 2010, there will be certain aspects of the e-guide, mainly those which reference ISA registration that are not applicable.

Our intention at this stage is not to withdraw the e-guide as the majority of the information contained in it is still relevant to the completion of the new application form. Please continue to check the website for further updates on guidance for completing the new application form.

What can I apply for on the new application form, what are the fees and what will I receive?

From the 28 June 2010, you can use the new application form to apply for Enhanced and Standard CRB checks. You cannot apply for ISA registration. The following table describes how applications received by the CRB on the new form will be dealt with and the associated fees:

PLEASE NOTE: If you do not want a CRB check and were only applying for it as part of an application for ISA registration - Please DO NOT send in the application form. If you do, your application will be processed for an Enhanced CRB check only and you will be charged £36.

I currently use or intend to use e-Bulk, what do the changes mean for me?

The CRB will shortly be communicating more information to those of you who currently use the CRB's e-bulk service and those of you who intend to adopt the service at a later date about how this may affect you.

Can I still use the ISA Adult First service?

The ISA Adult First service will continue to be available until the 26 July 2010. Once we know the full scope of the Government's work to remodel the VBS, we will provide a further update on the availability of the service.

Revised Timetable