Sir Roger Singleton’s report on the Vetting and Barring Scheme: “Drawing the Line” was published on 14 December 2009 along with the Government’s response:

http://www.isa-gov.org.uk/Default.aspx?page=414

The review was requested in September 2009 following considerable public concern about the scheme and its extent. In particular, a number of children’s authors had raised concerns about the requirement to register with the Independent Safeguarding Authority if they were to continue regularly visiting schools.

Sir Roger Singleton’s report makes ten recommendations, all of which have been accepted by the Government. They are:

1. Mutually agreed and responsible arrangements made between parents and friends for the care of their children should not be affected by the Vetting and Barring Scheme.

2. Where organisations such as schools, clubs or groups make a decision as to which adults should work with their children, then the requirement to register will apply, subject to the frequent and intensive contact provisions (see recommendation 3).

3. Certain activities with children and activities in certain children’s establishments are “regulated” if they are carried out frequently or intensively. Frequently should be changed to mean once a week or more. Intensively should be changed to mean on four days in one month or more, or overnight.

4. Individuals who go into different schools (or similar settings) to work with different groups of children, should not be required to register unless their contact with the same children is frequent or intensive.

5. Young people aged 16 or 17 who engage in regulated activity with children and vulnerable adults as part of their continuing education should not be required to register.

6. Overseas visitors bringing their own groups of children to the UK e.g. to international camps or the Olympics, should have a three-month exemption from the requirement to register (in England and Wales only).

7. School foreign exchange visits lasting less than 28 days, where overseas parents accept the responsibility for the selection of the host family, should be regarded as private arrangements, and accordingly the host family would not require registration.

The report also recommended the Government should review the following:

8. Whether self-employed private health practitioners (who are currently not required to register with the ISA) should be required to be registered.

9. Whether there is a continuing need for a separate category of “controlled activity” to which different requirements apply under the Safeguarding Vulnerable Groups Act 2006, and

10. The statutory requirements and the Government’s advice in relation to the continuing need for CRB disclosures once the Vetting and Barring Scheme is in place.

It is understood that the law will now be amended to reflect the Government’s acceptance of these recommendations and that further guidance on the scheme will be issued in the New Year.

For further information or advice, please contact:

Dinah Tuck
Direct dial: 020-7551 7749
E-mail: d.tuck@bwbllp.com