Good News For Employers - Government Stops Registration Under The Vetting And Barring Scheme

June 17, 2010 - PRLog -- There was good news for employers yesterday when the Home Secretary Theresa May, supported by the Children's Minister and the Care Services Minister, announced that she is halting the registration process for the Vetting and Barring Scheme (VBS) immediately. She went on to announce that the VBS is to be fundamentally remodelled in a way which is proportionate and sensible.

The VBS is designed to protect children and vulnerable adults from those who might prey on them. Registration would have required anyone working with children and vulnerable adults to be vetted by the Independent Safeguarding Authority (ISA). Applying for work in these fields without registration would have been a criminal offence, with both employer and employee being exposed to the risk of prosecution.

Had the scheme gone ahead, the Home Office had indicated that it would eventually have covered some nine million adults; however, other sources were suggesting a much higher figure - possibly as high as 14 million.

A range of critics, from children's authors to most recently the Royal College of Nursing (RCN), expressed concerns that this scheme was intrusive and potentially unjust. It would enable the state, on the basis of hearsay evidence alone, to determine whether a third to a half of the adult population in the UK could work in their chosen profession. The RCN believed it constituted a fundamental breach of human rights.

Voluntary registration with the VBS for new employees and job-movers working or volunteering with children and vulnerable adults was due to start on 26 July. This has now been stopped.

Specialist Employment Solicitor James Humphery, from Southampton Solicitors Trethowans says that employers affected by VBS may immediately suspend any steps they were planning in connection with the registration of staff. This will produce a welcome saving of both cost and administration.

James goes on to note that the Home Secretary's announcement only relates to the registration of individuals. In particular:

   The barred lists maintained by the Independent Safeguarding Authority remain in place.

   It remains a criminal offence for someone on a barred list to apply for work with children or vulnerable adults and employers remain exposed to criminal proceedings if they knowingly employ someone on a barred list to work in certain areas.

   Employers are still obliged to refer information to the ISA when they consider employees may have caused harm or pose a risk to vulnerable adults.

Commenting on this development James said; “This is good news for employers as the costs and administration that they would have incurred in ensuring they adhere to the legislation would have been high.  The requirement to ensure that any individuals who will be close to children to be ‘fit and proper’ is still very important.”

James has extensive experience of advising schools and nursing homes and will be pleased to answer any questions you may have on this or any other employment related topic.
You can reach him on 01722 426915 or at james.humphery@trethowans.com

http://www.trethowans.com/business_services/employment_hr...

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Trethowans is a leading regional practice in the South of England with offices in Salisbury and Southampton. Our employment specialists will work with you to develop and implement effective employment policies and procedures to ensure you comply with regulations and meet your obligations as an employer.

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