The Criminal Records Bureau was created in 2002. However, over time it has highlighted two obvious problems. Firstly it only shows those who have committed an offence. Secondly, it is technically only a ‘snapshot’ of the situation on the day that the actual disclosure was carried out.

So what happens when an employee is convicted of a crime and manages to keep it quiet until a new CRB application is processed in a few years?

In response to criticisms that this does not go far enough or track the employee,the government has created a new system; The Independent Safeguarding Authority’s (ISA) background checking system. This will be known as the “Vetting and Barring Scheme” (VBS), for those who work with young people and vulnerable adults and will come into force on the 12th October 2009.  The VBS is not a replacement for the existing CRB scheme. The two checks will work together, in tandem, to help safeguard young and vulnerable people.

The VBS will be rolled out in England, Wales and Northern Ireland over a five year period and aims to help avoid harm, or risk of harm, to children and vulnerable adults. This will be done by tracking employees and  by ensuring employers track employees, thus preventing those who are deemed unsuitable from working or volunteering with children or vulnerable adults or from gaining access to them through their work.

What do I need to know for October 12^th 2009?

Two new barring lists will replace POCA, POVA and List 99. These will be administered by a single organisation, the Independent Safeguarding Authority (ISA).  Information will be available online and can be checked as part of an Enhanced CRB check. Standard Checks will no longer be sufficient for working with vulnerable groups. All employers, social services and professional regulators will have to notify the ISA of suspicions or relevant information, so individuals who they think pose a threat to vulnerable groups can be identified. It will become a criminal offence for a barred individual to seek or undertake work with vulnerable groups. Employers who knowingly take barred individuals on can receive up to 6 months imprisonment and a fine.

The VBS is designed to offer a more streamlined, faster system of workplace vetting for those working with children and vulnerable adults building on existing good practices.

 For more information about the scheme or any other employment law matter, please call ELAS on 0161 785 2000 

Visit www.employment-law.uk.com for more information.

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