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DeliciousControversial vetting scheme begins
Monday, October 12, 2009Despite massive opposition towards it, the Vetting and Barring Scheme (VBS) has come into force.
Delivered by the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA), it will tighten up the regulations regarding people working with vulnerable children and adults to ensure they are better protected. But the rules have been criticised by campaign groups and public figures, due to their lack of clarity on when it is suitable to care for vulnerable people. Examples include a friend caring for children whilst the parent is working late, or when an author of children's books performs a storytelling at a school.
The VBS was devised after the Bichard inquiry into the Soham murders, which recommended a number of key improvements to the system.
Home Office Minister David Hanson said: "Today marks a major step forward in the protection of the most vulnerable members of our society. The new scheme means greater assurance that anyone who regularly works or volunteers with children or vulnerable adults will be appropriate to do so. We believe this is a common sense approach, and what the public would rightly expect."
The deputy children's commissioner, Sue Berelowitz, played down criticism of the scheme and said it was not "over-bureaucratic" and did not limit opportunities for volunteers to work with children.
Whilst the scheme has now come into force, the vetting does not become mandatory until next year. People looking to work or volunteer with vulnerable groups must become registered with ISA by November 2010. Existing workers must start to become registered by April 2011.
I'm amazed by how little public discussion there has been on this issue of vetting.There are deep issues of principle involved as well as strategic ones of civil freedom. The body and the mechanisms involved in the vetting procedure are cause for concern as they are can be unaccountable to the vetted. In order to be eligible to perform a service out of goodwill I will have to be on a register that says I am a god enough person to do so. If I have failed to meet some criterion according to the judgement of a decision maker, they are under no obligation to prove that the information informing their judgement is correct. Over 11 million people will be investigated under this procedure. Am I mad in seeing it as a very dubious tool indeed?? Assuming that such a huge operation can be set up and implemented, we should be concerned that we give authority to bureaurocrats to say who is good and bad. These are largely emotional criticisms. THere are many technical, political and moral reasons to question this dangerous precedent. It simply wpon't protect that many children and we will lose many potential volunteers.
"Inclusion on the new barred lists will be as a result of either an automatic bar (following a police caution or conviction for an offence prescribed in secondary legislation[31]) or as a result of a decision taken by the ISA.
The ISA will base their decisions upon information from a range of sources including, but not limited to, that held by the police (both locally and that on the Police National Computer), local authorities, social services, regulatory organisations (such as the General Medical Council or the General Teaching Council for England) and supervisory authorities (such as Ofsted)[32]. Where cases are not clear, decisions will be escalated within the ISA with final decisions being made by the board, which is chaired by former Chief Executive for Barnardo's, Roger Singleton[33].
The ISA are able to consider information other than that which has lead to cautions or convictions[34]. These can include unproven allegations from former employers, professional bodies, members of the public or stories in the press. However referral information, such as allegations, will never lead to automatic inclusion on the ISA Barred Lists; before a barring decision is made, the individual is given the information on which the decision is based and the opportunity to explain their case[35]. Case workers will be allowed to "undertake appropriate research" on "internet chatrooms or social networking websites", although the published guidance on the ISA's Decision Making Process[36]
The burden of proof to whether an event occurred is "on a balance of probability"[38], as used in civil trials, rather than "beyond reasonable doubt" as required in criminal trials. "
In theory, I could imagine an argument, based on the acceptance of the reasoning round these measures, which produced legislation barring parents with a criminal record from unsupervised access to their children. ..
Maire - Oxford