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Chapter 1 : Background
Introduction
Following the terrible events during the summer of 2002 when two school girls were murdered by Ian Huntley in Soham, the Home Secretary launched an independent inquiry which focussed on systematic failures that led to the tragedy. Sir Michael Bichard, Rector of the London Institute and a former Permanent Secretary at the Department for Education and Employment, was appointed as the chairman of the inquiry.
This inquiry was known simply as 'The Bichard Inquiry' and two years later the Inquiry report was published in June 2004 1. Sir Michael Bichard highlighted that the inquiry was set up to "Urgently enquire into child protection procedures in Humberside Police and Cambridgeshire Constabulary in the light of the recent trial and conviction of Ian Huntley for the murder of Jessica Chapman and Holly Wells. In particular to assess the effectiveness of the relevant intelligence-based record keeping, the vetting practices in those forces since 1995 and information sharing with other agencies, and to report to the Home Secretary on matters of local and national relevance and make recommendations as appropriate."
The inquiry led to a total of 31 recommendations being made in relation to systems and practice in the protection of vulnerable groups. These included the following key recommendations:
- Development of a national IT intelligence system
- New code on information management
- Police informed of offences against children
- Improved selection/recruitment training
- New registration/barring scheme
Sir Michael Bichard's recommendations focused on the system in operation in England and Wales. However, Scottish Ministers made clear that they too would learn from the findings of the inquiry and would, where necessary, improve existing practice in line with the recommendations included in the report. There was also clear recognition of the need to streamline current systems throughout Scotland to ensure that there were no cross border loopholes within the UK that may be exploited by those who could potentially bring harm to vulnerable groups.
On 12 January 2006 the First Minister announced that the Scottish Executive would bring forward legislation in response to recommendation 19 of the Bichard report. The legislation would set the framework for a new vetting and barring scheme for people seeking work, (voluntary or paid) with children and/ or adults at risk.
The Current System in Scotland
The current vetting system in place for people working with vulnerable groups within Scotland operates via an enhanced disclosure certificate being obtained by individuals through Disclosure Scotland. In order to obtain a certificate, an application for disclosure has to be completed by an applicant and subsequently countersigned by a body registered with Disclosure Scotland.
There are three types of disclosure - basic, standard and enhanced. A basic disclosure only provides information on convictions that are unspent under the Rehabilitation of Offenders Act 1974, while a standard disclosure provides details on both spent and unspent convictions and, in instances where an individual is applying for a job to work with children, whether this applicant is on the Scottish Disqualified from Working with Children List ( DWCL) or similar lists held in other parts of the UK. In the case of an enhanced disclosure, the police have discretion to provide non-conviction information they consider to be relevant to the position being considered in addition to all of the information that would be provided as part of a standard check. Those individuals seeking employment in care/childcare positions are required to obtain either a standard or enhanced disclosure.
Good practice guidance encourages employers and organisations in the care/childcare sector to operate a "safe recruitment" policy whereby an applicant for a job may be required to provide further information such as the names of individuals who can act as referees for their suitability to work with vulnerable groups, or to self-certify that they have no convictions that would bar them from working with vulnerable groups.
While the Protection of Children (Scotland) Act commenced in January 2005, there is no list of those barred from working with vulnerable adults. It is the intention of the Scottish Executive to introduce such a list through legislation. Additionally, also under consideration is extending the provisions of the Rehabilitation of Offenders (Exceptions) Order to include those who have indirect contact with children or vulnerable adults (for example, via the telephone or internet or those with access to personal and sensitive information about vulnerable groups).
The need for change
As part of the development of the legislation, a consultation paper was published on 8 February 2006 with the aim of introducing a Bill to the Scottish Parliament in autumn 2006. The consultation paper set out the framework for a Bill to build upon the current disclosure system and DWCL. It set out the broad framework for a scheme that will:
- Pro-actively check the unsuitability of all individuals entering the children's or adults at risk workforces;
- Introduce a new disclosure check (a vetting and barring disclosure) which will be applicable to all individuals seeking employment (whether paid or unpaid) with children or adults at risk;
- Register all those individuals who have been subject to a vetting and barring disclosure for continuous updating of information;
- Provide for a new central decision-making body (Central Barring Unit) which will consider all information disclosed in relation to those individuals applying for care/childcare posts and determine whether that individual is unsuitable to work in the relevant sector;
- Introduce a new function allowing employers mediated access to review an individual's barred status, reducing the need for repeat checks;
- Create a list of those who are disqualified from working with adults at risk;
- Enable the continuous updating of information to the Central Barring Unit to ensure that those who become unsuitable to work in the sector(s) are detected at the earliest possible stage and are prevented from continuing to work.
Similar legislation is to be introduced in England and Wales. However, while the Westminster framework will be comparable to that being developed in Scotland, it is likely that there will be some significant differences. Nevertheless, it will be vital that these systems are compatible with each other.
It is intended that this new legislation will serve to keep Scotland's children safe from those who pose a danger to them as well as offering appropriate care and protection to the adult population. The new vetting and barring system has two key aims, that:
- Those who are known to be unsuitable do not gain access to vulnerable groups through their work;
- Those who become unsuitable are detected at the earliest possible stage and are prevented from continuing to work, or seeking to work, with vulnerable groups.
There are four key objectives that support these aims:
- Reducing the bureaucracy around the disclosure process;
- Reducing the burden on employers by including an assessment on unsuitability to work in identified sectors as part of the disclosure process;
- Effective mechanisms for barring unsuitable individuals;
- Ensuring consistency, compatibility and connectivity across the UK, even though different approaches may be adopted in some of the detail.
The consultation exercise sought views on the overall framework and direction of policy as well as the detail elements of the proposals.
Details of the consultation process, the questions contained in the consultation paper and our approach to analysis are provided in Appendices 3,5 and 6.
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