vetting and barring scheme registration halted

The Government has announced that it is halting the planned registration of employees and volunteers under the vetting and barring scheme introduced by the Safeguarding Vulnerable Groups Act 2006. In October last year we reported on the scheme which, amongst other obligations, requires employees and volunteers to be registered with the Independent Safeguarding Authority (ISA) in connection with "regulated" and "controlled" activities with children and vulnerable adults. The Act is being implemented in phases. Voluntary registration was due to begin on 26 July 2010 and compulsory registration from November 2010, starting with new appointments. It is the voluntary registration which is being halted while government departments review the scheme amid concerns that it is disproportionate and overly burdensome.

However, other provisions already in place are not affected. A wider range of people and activities are caught under the new regime – please see our client information sheet for further details. Since October 2009, the Act makes it an offence to permit a barred person to carry out these activities, and introduces a duty on employers and personnel suppliers to refer certain information to the ISA when a person stops carrying out such activities because they have:

  • harmed or may harm a child or vulnerable adult,
  • engaged in "relevant conduct", or
  • committed certain barring offences.

These provisions remain effective. The criminal offences relating to engaging non ISA-registered workers and failing to make registration checks will be postponed pending the review.

For further information on any of the issues covered in the above publication, you can contact a member of our Employment law team based in Southampton, Oxford and London or alternatively email us at employmentinfo@bllaw.co.uk.