Safeguarding Vulnerable Groups Act 2006: the implications for employers in educational settings

Abstract

Vetting those who work with children and vulnerable adults is an emotive topic and one which can prove a challenging area for employers. The legitimate interest that parents, carers and employers have in screening those charged with the care of others can be in direct conflict with the most fundamental principles of economic freedom and employees’ human rights. The desire to balance these conflicting objectives is at the heart of the Safeguarding Vulnerable Groups Act 2006, which introduces what is being heralded as the most inclusive and comprehensive vetting and barring system to date. The changes dramatically widen the scope of workers who are subject to vetting and barring processes, covering employees, volunteers and contractors in the education, care and health industries, and affecting some 11.3 million people in the UK. This new scheme is of particular relevance and importance to schools and other educational institutions, who will be directly affected by the changes. This article will examine the practical employment implications of the new regime and the new obligations that the Vetting and Barring Scheme creates for both employers and employees.

Keywords:

• child protection
• Criminal Records Bureau checks
• employment practice
• Independent Safeguarding Authority
• Safeguarding Vulnerable Groups Act 2006
• vetting and barring

Acknowledgements

We are grateful for the assistance of Steven Lorber and Geoffrey Davies of Lewis Silkin LLP and Kate McMullen and David Rowland of the GSCC who provided valuable feedback on a draft of this article.

Notes

1. 2006 (C.47)

2. Bichard, Michael. 2004. The Bichard inquiry: Report. London: TSO.

3. Statement by Ruth Kelly, 19 January 2007.

4. Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Statutory instrument 2009, no. 37.

5. Lombard, D. 2008. Judge David Pearl says staff will be unable to challenge judgement of safeguarding body. Community Care, 4 December, http://www/communitycare.co.uk/Articles/2008/12/04/110166/vetting-and-barring-judge-fears-isa-scheme-could-breachrights.html.

6. Regulation 9: Safeguarding Vulnerable Groups Act 2006 (Barring Procedure), Regulations 2008.

7. [2009] 2 WLR.

8. s98 (2)(d) Employment Rights Act 1996.

9. [1982] IRLR 439.

10. SI 2008/3256.

11. Spring v Guardian Assurance plc [1994] IRLR 460.