FE Governance

Checking Job Applicants

 Safeguarding Vulnerable Groups Act 2006 The Vetting and Barring Scheme 

After the Bichard enquiry into the Soham Murders, the Safeguarding Vulnerable Groups Act 2006 (SVGA) was passed with a view to harmonising procedures for listing individuals barred from working with children and vulnerable adults.

The Act established an independant barring board known as the Independent Safeguarding Authority (ISA). From 12 October 2009 the ISA has maintained two barred lists which are being phased in to replace the three existing lists (POCA, POVA and List 99).  A person whose name appears on the children’s barred list is prohibited from taking part in “regulated activity”, whose definition is complex but includes “any form of teaching, training or instruction of children, unless the teaching, training or instruction is merely incidental to teaching, training or instruction of persons who are not children.  A single agency, the ISA, has been created to vet and register all individuals wanting to work or volunteer with children or vulnerable adults and is working hand in hand with the Criminal Records Bureau (“CRB”), which is responsible for the application and monitoring features of the scheme.  The ISA maintains two lists: one relating to children and one relating to vulnerable adults. Although an individual appearing on a list will be barred from carrying out "regulated activity", he or she may be permitted to carry out a "controlled activity" (generally ancillary functions such as catering or cleaning). 

Employers who knowingly employ a barred individual will be liable to criminal sanctions, which may include a fine and/or imprisonment. A barred individual will likewise be liable to a fine and/or imprisonment if they seek, offer or engage in activity from which they are barred. 

For the purpose of the scheme: ''children” means anyone under the age of 18; and·      “vulnerable adult” is defined by the SVGA.  It is a person who is aged 18 years or over and who is or may be in need of community care services because of age, illness or a disability and may include someone with learning difficulties, suffering from a mental illness or with a physical disability. 

Regulated activity is the term used in SVGA to cover activities where people are working or volunteering with children or vulnerable adults and includes: activity involving contact with children or vulnerable adults which is of a specified nature (such as teaching, training, care, supervision, advice or medical treatment frequently, intensively and /or overnight; activity involving contact with children or vulnerable adults in a specified place (such as schools, nurseries and care homes) frequently or intensively. (NB: FE institutions are not listed as falling within this definition but colleges may do so if they provide full-time education exclusively or mainly to children); people in certain specified positions of responsibility such as a governor of an educational institution exclusively or mainly for children; or fostering and childcare.Specified activities or work in a specified place is only regulated if it is done frequently or intensively. 

Following the Singleton Review, “frequently” is to be defined as once a week or more and intensive as more than four days in one month or more and/or overnight. 

Controlled activity is much more limited in scope than regulated activity and applies only in FE, health care, regulated social care and family court proceedings. It applies to activities in these sectors which give the opportunity to have any form of contact with children/vulnerable adults or to access to records about them and covers the work of ancillary support workers (such as cleaners, caretakers, catering staff) whose work is done frequently and gives the opportunity for contact with children or vulnerable adults; and people working frequently for specified organisations in roles which give the opportunity to access sensitive information about children or vulnerable adults. Barred people can sometimes be employed in controlled activity subject to safeguards (such as stringent supervision) being in place.