Safeguarding Vulnerable groups Bill: implications for local government

Colin Reid Policy Advisor NSPCC

A bit of a long range view…

Protection of Children and Protection of Children and Vulnerable Adults Order Vulnerable Adults Order

► Development of Development of POCVA(NI) Order 2003POCVA(NI) Order 2003since 2005 extension of since 2005 extension of statutory regulation statutory regulation into wider range of into wider range of sectors sectors

► 2 new statutory 2 new statutory disqualifications lists disqualifications lists held by DE and DHSSPSheld by DE and DHSSPS

► Range of data sources Range of data sources Criminal records/non Criminal records/non

conviction data conviction data ► Statutory duty to carry Statutory duty to carry

out vetting and out vetting and reporting of staff reporting of staff dismissed/ resigned etcdismissed/ resigned etc

► Capacity for non- Capacity for non- regulated organisations regulated organisations to become accredited to become accredited

Weaknesses……. Weaknesses……. ► Based on ‘employment’ Based on ‘employment’

situations situations ► Not possible to vet private Not possible to vet private

employment arrangements employment arrangements e.g. children’s entertainer e.g. children’s entertainer

► Information may never end Information may never end up at DHSSPS or DEup at DHSSPS or DE

► Difficulties when employers Difficulties when employers do not referdo not refer

► Vetting check having to be Vetting check having to be repeated in multiple setting repeated in multiple setting and is only snapshot in timeand is only snapshot in time

► Non UK workers Non UK workers

Soham: the murder of Jessica Chapman and Holly Wells

Ian Huntley Ian Huntley ► Relationships with at least 7 Relationships with at least 7

children aged around 14: children aged around 14: prob more prob more

► No convictions for sexual No convictions for sexual offencesoffences

► Known on occasions to Known on occasions to police and social services police and social services information not shared information not shared

► Fell through systemsFell through systems► Caretaker at Soham college: Caretaker at Soham college:

got access to Children got access to Children throughthrough Maxine Carr Maxine Carr

► Lead to Bichard Inquiry Lead to Bichard Inquiry ► Vetting is only one part Vetting is only one part

of employment practiceof employment practice

Government Commissioned Bichard Inquiry Report

Recommendation 19:national vetting and barring scheme

Feb 2006Feb 2006 Education Secretary Ruth Kelly Education Secretary Ruth Kelly

denied newspaper claims 150 denied newspaper claims 150 sex offenders are working in sex offenders are working in English schoolsEnglish schools

Very complex interfaces Very complex interfaces between sex offences law, between sex offences law, vetting and criminal convictions vetting and criminal convictions

Safeguarding Vulnerable Groups Bill: new UK scheme 2008

Bill establishes framework for NI Order in Council

Main features of new BillMain features of new Bill► Extension of statutory Extension of statutory

regulation to voluntary and regulation to voluntary and community sectorscommunity sectors Sports and leisure Sports and leisure Churches Churches

► Creates new Independent Creates new Independent Barring Board (IBB) to take Barring Board (IBB) to take barring decisions barring decisions

► 4 routes to being barred:4 routes to being barred: Certain criminal offences Certain criminal offences

automatically automatically Certain offences with Certain offences with

representation representation On grounds of behaviour On grounds of behaviour On grounds of risk of harm On grounds of risk of harm

► Requirements for regulated Requirements for regulated providers to carry out check providers to carry out check of monitoring statusof monitoring status

Criminal offences for Criminal offences for failing to check and for failing to check and for applying for a post whilst applying for a post whilst barred or without being barred or without being monitoredmonitored

Main features of BillMain features of Bill► Computerised on line system Computerised on line system

► Available for wide range of Available for wide range of positions and situations positions and situations

► Live time on line monitoring: Live time on line monitoring: connections made between connections made between data and new IBBdata and new IBB

► Obligation to report staff who Obligation to report staff who have harmed children to IBBhave harmed children to IBB

► Third party referrals Third party referrals

Implications for local Implications for local governmentgovernment

► Significant implications Significant implications for range of posts: there for range of posts: there will be no will be no discretion/criminal discretion/criminal offences offences

► Bill is developing and Bill is developing and there is an interesting there is an interesting interpretation that could interpretation that could be placed on be placed on responsibility of those responsibility of those who facilitate services: who facilitate services: does legal duty apply to does legal duty apply to them…..them…..

► Councils could do much Councils could do much to prepare ground to prepare ground aheadahead

► Ensure adhere to both Ensure adhere to both good employment good employment practices and practices and

► DHSSPS accreditation DHSSPS accreditation scheme scheme

Thanks Thanks ►Thanks to DOE and Dep Secretary Thanks to DOE and Dep Secretary

Smith for willingness to address issues Smith for willingness to address issues

►Great opportunity to improve system Great opportunity to improve system to protect childrento protect children

►Any Questions……..Any Questions……..