CPSU Briefing July 30^th 2009

Revised timetable for the Vetting and Barring Scheme

From November 2010 it will be mandatory for those starting to carry out regulated activity with children or vulnerable adults to have ISA registration before they begin. The requirements for the existing children and vulnerable adults workforce (paid and unpaid) who do not start in new regulated activity will be phased in over 5 years.

The new barring provisions under the Act will be brought into force, significantly extending the range of activities and workplaces from which individuals may be barred to include all regulated activity, as defined by the Act.

Regulated activity with children includes work, paid or unpaid, frequently or intensively, to provide:

• teaching, training or instruction,
• care or supervision, or
• advice or guidance relating to children's physical, emotional or educational well-being.
• treatment or therapy
• transport specifically for children

In addition, any frequent or intensive contact with children in certain specified places (e.g. schools, children's homes, relevant childcare premises) is regulated activity.

Sports clubs and leisure centres are not specified places but sports activities which are organised and run by NGB local clubs or other providers and which take place within a school setting/on school premises would fall within the specified place definition.

A similar definition applies in relation to regulated activity which is targeted specifically at vulnerable adults. ‘Vulnerable adults’ are clearly defined in the legislation and would include instances where sport activities are arranged specifically for a group with disabilities. It would not include situations where an adult who happens to have a disability participates in general sporting activity targeted at those without disability.

Also from 12^th October 2009, applications for Standard CRB checks will no longer reveal information held about those barred from working with children and/or vulnerable adults. Therefore colleagues who are entitled to check the two barred lists managed by the ISA, which cover children and vulnerable adults, (POCA & POVA) must apply for an Enhanced CRB disclosure.

Sector Specific Guidance

DCMS is responsible for writing the sports sector specific guidance, working closely with CPSU, DCSF and the Home Office to ensure the final guidance reflects the points made by the sector. We want the guidance to be a genuinely useful document which demonstrates an understanding of the sport and recreation landscape and will help the sector understand and implement the new requirements effectively and appropriately.

Key areas to be included within the guidance:

• Reference to general requirements
• Distinctions between CRB checks and ISA registration
• What constitutes regulated activity (with children or vulnerable adults)
• Exemptions
• Open age activities
• Sports settings
• Incidental involvement of children and young people within sports activities
• Responsibility and liability and Registered Activity Providers
• Duty to refer to the scheme

The guidance will be illustrated by case studies.

For information on Vetting and Barring please go to: www.isa-gov.org.uk

For communication tool kits visit:

www.isa-gov.org/toolkit

For FAQ document go to:

http://www.isa-gov.org/default.aspx?page=395

Vetting and Barring and the Sports Sector: CPSU briefing July 2009

http://www.nspcc.org.uk/Inform/cpsu/NewsAndEvents/news_and_events_wda67379.html