« Previous | Contents | Next »
Listen
Chapter 9: Conclusions
This consultation analysis has demonstrated the significance of the consultation in stimulating and enabling a huge breadth of views to be aired on a new Vetting and Barring Scheme for Scotland. No obvious gaps in respondent type were identified and a wide range of stakeholders was represented among the respondents, across each strand of the consultation. A wide range of individuals (many responding on behalf of organisations) participated in this either by responding to the consultation paper or by attending information events, focus groups and interviews.
Those invited to attend the information events, focus groups and interviews were pleased to be invited to participate in this consultation and to provide their views. Across the different strands of the consultation exercise, the same themes emerged, albeit that consultees provided views from their own perspective.
Submissions from consultees tended to be detailed and drew heavily on the significant experience in working with children and adults at risk. In general, consultees and respondents welcomed the extension of protection to adults.
The pattern of response suggests not only the complexity of the issues under discussion, but also showed respondents' desire to see change develop in an informed and sensible manner. For example, throughout the consultation one key theme emerging was that the consultation process is too fast and that more time needs to be allowed to develop effective legislation. One consultee - a voluntary organisation, commented that, while they welcome the proposals so far, they:
"await future work by the Executive to give greater detail to the shape of the new scheme and we look forward to giving our views on this detail. We are disappointed that the Executive has felt able to consult on proposals that, in part, seem less than fully worked up. These proposals offer a great opportunity to create a successful protection system for vulnerable groups and so they must not be rushed. Instead, time should be taken to learn the lessons from the legislative and implementation processes of PoCSA. We would therefore welcome a comprehensive review of the strengths and weaknesses in the implementation of the PoCSA legislation. We have concerns that without further consultation on more detailed proposals and the forthcoming draft Bill, the new Vetting and Barring scheme will be a missed opportunity, ultimately risking greater harm to vulnerable groups."
It was also of importance to witness among the huge diversity of views, a general consensus on the central principles of a new scheme for Scotland. That said, many consultees and respondents had a desire for more information on the new scheme and, as such, often qualified the comments they made or were unwilling to provide detailed comment on specific issues. One such issue was that of costs where - until the cost of disclosure under the new system is provided - many were unwilling to "second guess" likely cost levels. A consultee organisation noted that,
"However, we urge the Scottish Executive to slow down the whole process of consultation, legislation and implementation of any new Scottish Vetting and Barring Scheme. 'The devil is in the detail' - without in-depth consideration, the Scheme will be highly problematic."
(Voluntary)
Key advantages to the proposed scheme are:
- Reduction in the need for multiple disclosures
- Ongoing updating of disclosure information and removal of the "point in time" nature of current disclosures
- Capacity to share relevant information across a wide range of regulatory bodies, police forces and employers.
Key disadvantages to the proposed scheme are:
- Potential for increased costs, both directly and indirectly (general perception that these could increase significantly)
- A continued lack of capacity to check applicants from many countries outwith the UK
- A perceived contradiction between employment law, human rights law and requirements of the disclosure system
- Initial logistical issues with implementation (e.g. New IT systems, information collated and shared)
- Possible loss of potential employees due to complexity / fear of system.
Suggestions for ways in which to overcome disadvantages are:
- Capacity to offer disclosure checks via an online facility
- A large-scale and sustained information and communications campaign offering information both to organisations and the general public
- Robust recruitment practices to be adopted by all organisations (and encouraged by the Scottish Executive)
- Clear definitions of "adult at risk", "child" and who should be disclosed.
- Definitions to be in line with other legislation such as PoCSA
- Help to employers in interpreting disclosure information.
There are also some assumptions that there will be initial teething problems with introduction of the new scheme. Some consultees and respondents would like to see a further scoping study and consultation exercise conducted before new legislation is introduced.
In summary, the new system as outlined is seen to go some way towards counteracting disadvantages of the current system and improving protection for vulnerable groups.
« Previous | Contents | Next »