'Check to protect' scheme postponed

Uncertainty surrounds the implementation of the Vetting and Barring schemes both north and south of the border as the Scottish Protecting Vulnerable Groups scheme is postponed and the England and Wales Vetting and Barring scheme is kicked further into the long grass.

The Scottish Government announced on 3rd November that it is postponing implementation of its 'Check to Protect' scheme – for vetting people working with children or vulnerable adults. The scheme has been postponed until at least February 2011, with problems relating to the IT system being given as the reason for the delay. The scheme is also known as the "Protecting Vulnerable Groups" (PVG) scheme.

Meanwhile, the equivalent scheme in England and Wales, the Vetting and Barring scheme, which was "halted" temporarily in June, has been kicked further into the long grass with an announcement by the government early in November of a full review – and a review of the Criminal Records Bureau Disclosure scheme just for good measure. This review is expected to be completed next Spring, and it is likely to take several months to implement any changes.

The review of the England and Wales scheme – to reduce it to "common sense and proportionate levels" seems certain to result in many fewer people being affected by it than the 11 million plus that would have been covered by the original scheme. A substantial change to the England and Wales scheme would be likely to mean that the PVG scheme in Scotland would have a disproportionately high coverage in comparison, but in making its announcement, the Scottish Government has not indicated that the Scotland scheme will be reviewed in any way.

What's likely to happen?

The Vetting and Barring scheme in England and Wales seems certain to be scaled back substantially, if it is not abolished completely.

Any changes are not likely to take place until Autumn 2011 at the soonest.

In the meantime, the parts of the scheme that have been brought into force remain in effect, and employers should continue to take particular care when recruiting people into "regulated activities" and be mindful of their legal duties to report certain conduct to the Independent Safeguarding Authority.  For further details see Vetting and Barring Changes and Vetting and Barring Scheme halted.

The PVG Scheme in Scotland is likely to come into effect in Spring 2011.