Employment Law | Scaled Back Vetting And Barring Coming Into Effect

A scaled back vetting and barring scheme for individuals working with children and vulnerable adults will come into effect on September 10, which amends the Safeguarding Vulnerable Groups Act 2006.

The Protection of Freedoms Act 2012 will repeal the concept of “controlled activity and the provisions for monitoring persons engaged in regulated activity. It will maintain a barring scheme but will redefine the activities to which the scheme applies and will also make changes relating to criminal records certificates.

However, not everything is changing from next month. The major changes are that there will be a new definition of regulated activity, a repeal of controlled activity and a repeal of registration and continuous monitoring.

There will also be a repeal of additional information, the minimum age at which someone can apply for a CRB check will be 16 and there will be more rigorous ‘relevancy’ tests for when the police release information held locally on an enhanced CRB check.

However, employers must still refer people to the Independent Safeguarding Authority (ISA), where appropriate and must not engage someone known to be barred by the ISA. Furthermore, everyone within the pre-September definition of regulated activity will remain eligible for enhanced CRB checks, whether of not they fall within the post-September definition of regulated activity.

As the Government said, the changes will ensure that there is a continued service to help safeguard vulnerable groups including children from those people who work or volunteer with them who pose a risk of harm, while operating in a way that reduces the burden on employers and better respects the civil liberties of the individual.

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Mackrell Turner Garrett Solicitors in London

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