New safeguarding + vetting requirements will affect organisations who have contact with children/ vulnerable adults
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New safeguarding + vetting requirements will affect organisations who have contact with children/ vulnerable adults

Author:IOL FE
Date Added:11 May 2012
The Protection of Freedoms Act 2012 received Royal Assent on 1st May 2012.  It contains all of the new safeguarding and vetting requirements that will affect those organisations who have contact with children and vulnerable adults.  These requirements are due to come into force in mid to late 2013.

IOL will be running workshops at the national conference and elsewhere later in 2012 on the requirements.  In the mean time the SRA have issued the following interim guidance.

The Protection of Freedoms Act 2012 received Royal Assent on 1st May 2012.  It contains all of the new safeguarding and vetting requirements that will affect individuals in organisations who have contact with children and vulnerable adults.

The legislation is now fixed and the new legal requirements are due to come into force in mid to late 2013 with statutory guidance being released by the Government later this year.

The CRB (Criminal Records Bureau) and the ISA (Independent Safeguarding Authority) will be merged later this year to form the Disclosure and Barring Services which will issue all disclosures.

Impact of the Act on the sector

There are three significant changes that organisations need to start to understand and prepare management solutions for in relation to checking individuals that have contact with children and vulnerable adults in their environments.  These changes are:
1.     Regulated Activity and which individuals must be checked legally.
2.     Single Disclosures being sent to individuals only.
3.     Continuous Updating and Portability arrangements.
What should we all be doing now?
1.     Continue to run your CRB checks as normal.
2.     Continue to refer individuals to ISA who you have removed from ‘Regulated Activity’ because they have harmed or pose the risk of harm to a child or vulnerable adult.
3.     Wait for further updates and information on costs, guidance and workshops.
What will the National Governing Bodies need to be thinking about for the future?
1.     The role they want to play as a governing body in providing consistency on safeguarding decisions across your membership.  (This may involve educating and training  clubs and regions not to look at disclosures from individuals and helping them understand which individuals are legally required to be checked).
2.     How they will define ‘supervision’ in their environment and what this will mean in terms of the individuals they are legally required to check and those that they will check above and beyond the legal requirement.
3.     How they will manage a system where they do not automatically get sent a copy of an individuals’ disclosure.  (This may include creating new rules about when individuals can take up roles and temporary suspensions while they wait for a disclosure to be sent to them).
4.     How member organisation will use the Criminal Records Status Check scheme if it is free for volunteers or if there is a cost for volunteers. (This may involve deciding if the NGB will accept volunteers on two different systems and setting the re-checking period that NGB will use to ensure they check the integrity of the disclosures).

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The Institute for Outdoor Learning supports practitioners and providers of Outdoor Learning. Our mission is to increase participation in outdoor learning in the UK and to recognise and improve the quality of outdoor learning in the UK. - See more at: http://www.outdoor-learning.org/Default.aspx?tabid=40#sthash.CUZDhwSj.dpuf
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