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The Home Secretary has announced that the Vetting and Barring Scheme will be halted. In response to the Soham murders of Holly Wells and Jessica Chapman legislation was passed in 2006 and the Independent Safeguarding Authority (ISA) was formed to administer the Vetting and Barring Scheme. The scheme meant that anyone in regular contact with children or vulnerable adults in England, Wales and Northern Ireland would have been obliged to register with the ISA, writes Sunil Abeyewickreme, partner with Halliwells Solicitors, pictured right.
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Before the Government’s announcement, any dental professionals who were changing jobs or starting work for the first time needed to be registered with the ISA from 26 July 2010. Those already employed and not changing jobs were to be included in the scheme over time, with everyone being registered with the ISA by 31 July 2015.
The Vetting and Barring scheme affected every dental practice in the country and virtually every member of staff who worked with them, including associates and hygienists who are traditionally engaged on a self-employed basis.
As the scope of the Scheme was unclear and there would always be uncertainty as to whether it extended to roles where it was questionable as to whether safeguarding concerns would arise, dental practices were being advised to check all their new staff including those who were not directly in contact with vulnerable adults and children, for example receptionists and practice managers.
This will be welcome news to much of the dental sector as the Vetting and Barring Scheme was widely criticised and regarded by many as yet another regulatory burden. It was designed to run alongside the existing CRB system rather than replacing it. From 1st November 2010, it was going to be an offence for dental practice employers to provide work to anyone who was not registered with the Independent Safeguarding Authority (ISA) in a role which involved contact with children or vulnerable adults. The penalty to fail to check could have resulted in imprisonment of up to six months, which would be detrimental for the dental practice owners who are regulated by the General Dental Council.
By suspending the scheme at this stage, this is undoubtedly going to lead to some confusion, as some regulations which were introduced in October 2009 would still continue to apply.
Since 12th October 2009, the ISA held two barred lists (a list of individuals barred from working with children and one for those barred from working with vulnerable adults). Despite the Government’s decision to halt the Scheme, it is still an offence for a person who is barred from working with children or vulnerable adults to work or volunteer or even try to find work or volunteer with these groups. It would also be unlawful for an employer to knowingly employ someone who is barred to work with these groups. Furthermore, employers have a legal obligation to inform the ISA should a member of staff or a volunteer be dismissed (or would have been dismissed had they not left) because they have harmed a child or vulnerable adult.
To view Halliwells dental healthcare services webpage, click here. |
