Revised Vetting and Barring Scheme

 

The main changes are that there will be no requirement to ‘register’ under the scheme; there will be a minimum age of 16 for a Criminal Records Bureau check; and the definition of a ‘regulated activity’ will be amended.

The new definition of a regulated activity relating to children will cover:

  • Regularly undertaking unsupervised activities with children (e.g. teaching, training, caring for or supervising children), driving a vehicle solely for children and providing advice/guidance on well-being.
  • Regularly working in a limited range of establishments (‘specified places’) where there is an opportunity for contact with children (for example children’s homes, schools, childcare premises), excluding supervised contact by volunteers.
  • Providing relevant personal care such as washing and dressing, and health care by or supervised by a professional (whether undertaken regularly or otherwise).
  • All registered child minding and foster caring.

The new definition of a regulated activity in relation to adults will no longer label adults as ‘vulnerable’. Instead, the definition identifies the activities which, if any adult requires them, lead to that adult being considered vulnerable at that particular time. This means that, as in Scotland, the focus is on the activities required by the adult and not on the setting in which the activity is received, nor on the personal characteristics or circumstances of the adult receiving the activities.

There will be six categories of people who will fall within the definition of those carrying out a regulated activity in relation to adults (as will anyone who provides day to day management or supervision of these people):

  • Those providing health care.
  • Those providing personal care (for example help with feeding, washing, dressing, etc).
  • Those providing social care.
  • Those providing assistance with cash, bills and/or shopping.
  • Those assisting in the conduct of a person’s own affairs.
  • Those (excluding taxi drivers or family and friends) who transport an adult because of their age, illness or disability to or from their place of residence to a place where they are receiving health care, personal care or social care (or between such places).

Note that there will no longer be a requirement for a person to carry out these activities at a certain frequency before they are engaging in a regulated activity.

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