Employment Law Update (July 2010)
Scotland presses ahead with new Vetting scheme - while the
England and Wales scheme grinds to a halt
Following the halting of further implementation of the Vetting
and Barring scheme in England and Wales (see news feature in June
e-bulletin), the Scottish government has announced that the
equivalent scheme in Scotland – called "Check to Protect" – will be
implemented from 30th November 2010.
How Check to Protect will work
Check to Protect has the same aims as the England and Wales
Vetting and Barring scheme, but will operate in a simpler way.
Essentially, the Scheme will use a system of "live", constantly
updated, Disclosure checks on individuals who apply to be members
of the Scheme. The individual will have a Scheme Record,
which will contain all the information that would be contained in
an Enhanced Disclosure, together with vetting information.
This contrasts with the Vetting and Barring Scheme in England and
Wales, under which registration with the Independent Safeguarding
Authority, ISA, remains completely separate from Criminal Records
Bureau, CRB, and Disclosure.
The Scotland scheme should also be cheaper, with an initial
application costing £59 (as compared with £64 in England and Wales)
and subsequent updating on changing jobs costing £18. In
England and Wales an applicant who is already ISA-registered but
who changes jobs would have to pay for a new Enhanced Disclosure at
a minimum cost of £36.
Key differences between Check to Protect and the England
and Wales Vetting and Barring Scheme
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Vetting and
Barring
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Check to
Protect
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Origins
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Bichard Report following Soham murders
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Bichard Report following Soham murders
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Legislation
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Safeguarding Vulnerable Groups Act 2006
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Protection of Vulnerable Groups (Scotland) Act 2007
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Key definition of who is within the scope of the
scheme
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"Regulated activity";
"Controlled activity"
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"Regulated work"
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Who is protected?
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Children (aged under 18)
"Vulnerable Adults" (aged 18 or over)
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Children (aged under 18)
"Protected Adults" (aged 16 or over)
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Who makes decisions about who is barred?
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Independent Safeguarding Authority
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Disclosure Scotland
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Connection with Criminal Records Disclosure
system
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No direct connection between the two schemes.
The CRB Disclosure system will continue to operate alongside the
barring system
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The system of Disclosure Scotland checks is used rather than a
separate database created.
From 30th November 2010 a new type of Disclosure will
replace the Enhanced disclosure for "regulated work" and will also
contain a barring decision.
The Disclosure will be continuously updated.
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Constant updating
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Yes
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Yes
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Facility for online checks
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Yes, but implementation currently "halted" pending a government
review
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Yes, from November 2011. However, access to online
information will be restricted to registered bodies.
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Cost
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ISA Registration £64 plus cost of Enhanced Disclosure on each
occasion it is required
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PVG Scheme Record £59;
PVG Scheme Update (on changing jobs) £18
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Who pays for the check?
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Employee
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Not specified by law
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What does the applicant get?
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An "ISA-registration number"
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A "PVG Scheme Record"
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Initially applies to
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People taking up a new position doing "regulated activity", paid
or unpaid
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People taking up a new position doing "regulated work", paid or
unpaid
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What do employers need to do?
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Until the ISA database goes live, to avoid the possibility of
committing a criminal offence, an Enhanced Disclosure should be
obtained for anyone newly entering regulated activity.
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For new entrants to regulated work from 30th November
2010, an application needs to be made for the employee or volunteer
to join the PVG Scheme.
This will be done in the same way as applying for and Enhanced
Disclosure, and the result will take the place of an Enhanced
Disclosure.
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How Mentor will help
During the autumn, Mentor will provide further information and
materials to clients which might be affected by the Check to
Protect Scheme.
To keep up with the changes, subscribe to our e-bulletin or log in to MentorLive