The Safeguarding Vulnerable Groups Act
2006 defines the scope of the Vetting and Barring Scheme. It
provides that certain activities in relation to children and
vulnerable adults are regulated. This is known as
'regulated activity'.
What is regulated
activity?
Regulated activity is any activity which involves contact with
children or vulnerable adults. This could be paid or voluntary
work.
Such activities include:
- Any activity of a specified nature which
involves contact with children or vulnerable adults within certain
periods, or overnight.
- Any activity allowing contact with children or vulnerable
adults that is in a specified place frequently or
intensively.
- Fostering and childcare.
- Any activity that involves people in certain defined
positions of responsibility.
Employers’ duties and responsibilities
- It will be a criminal offence for an employer to allow a barred
person, or a person who is not yet registered with the ISA, to work
for any length of time in any regulated activity.
- It will be a criminal offence for an employer to take on a
person in a regulated activity if they fail to check that person’s
status.
Employees’ duties and responsibilities
- A barred individual must not take part in any regulated
activity.
- An individual taking part in a regulated activity must be
registered with the ISA.
- It will be a criminal offence for a barred person to take part
in a regulated activity for any length of time.
Domestic employment
Domestic employers (eg parents and carers) do not have to check
that their employees are ISA-registered but the new scheme will
give them the opportunity to check the status of an individual
(with their consent) if they wish to do so.
It will be an offence for a barred person to take part in any
regulated activity in a domestic circumstance.
For more information about regulated activities, read the
factsheet ‘Regulated and controlled activities'.
What is controlled
activity?
Controlled activities include:
- Frequent or intensive support work in general health
settings, the NHS and further education
settings.
- People working for specified organisations
with frequent access to sensitive records about children and
vulnerable adults.
- Support work in adult social care
settings.
Employers’ duties and responsibilities
- It will be an offence for an employer to take on an individual
in a controlled activity if they fail to check that person’s
status.
- An employer can permit a barred person to work in a controlled
activity as long as safeguards are put in place.
For more information about controlled activities, read the
factsheet ‘Regulated and controlled activities'.
Making referrals
It is important for the success of the Vetting and Barring
Scheme that information about individuals is shared by
different organisations.
The following organisations have a legal obligation to refer
relevant information about an individual to the ISA:
- adult/child protection teams in local authorities;
- professional bodies and supervisory authorities named in the
Act;
- employers and service providers of regulated and controlled
activity; and
- personnel suppliers.
All other employers of those working with children and/or
vulnerable adults may refer relevant information to the ISA.
Parents and private employers should go to a statutory agency
who can investigate and refer if necessary.
The ISA will inform professional and regulatory bodies when it
bars someone so that their professional registration can also be
reviewed.
Return to previous page
