Next steps: ISA decision making

This page provides the latest information on the transition to the new Vetting & Barring Scheme (VBS) from winter 2008 (subject to Parliamentary approval).

Since 31st March 2008, as part of the transition to the new Vetting and Barring Scheme which comes into force from October 2009, the Independent Safeguarding Authority (the ISA) has advised the Secretary of State on barring (List 99, PoCA, PoVA).

In the next stage of transition, from winter 2008 (subject to Parliamentary approval), employers must send new referrals under these schemes to ISA, which will take the barring decisions. Where ISA asks organisations for information on a case, they must provide it.

Key messages for employers

To ensure that employers can prepare in time for October 2009, we have outlined some recommended actions below. Following these recommended actions will also help those responsible for carrying out checks against the Protection of Children's Act (PoCA) to fulfil their existing pre-employment responsibilities as outlined in our NHS Employment Check Standards. Further supporting Q&A about the Standards and more specifically VBS are also available

The main change relates to how checks against the PoCA (PoVA and List 99, where applicable) are administered. The SVG Act does not come into force until October 2009.

As an employer, from winter 2008 ('subject to Parliamentary approval') you will have a new legal duty to:

• make any referral under PoCA (and PoVA and List 99, where applicable) where it relates to a risk of harm to children, to the ISA, not to the Secretary of State and you must provide relevant information, which you hold already, to the ISA on request
  
  
• there are no other changes to your duty to make referrals, the way in which you make referrals, your duty to check, or the way in which you check prospective employees
  
  
• This change from winter 2008 does not introduce any changes to current legal requirements (under the Care Standards Act, Police Act, or Rehabilitation of Offenders Act) in relation to when you must carry out a CRB check on staff or volunteers. Neither does it change any current requirements in relation to the frequency of checks.
  
  
• Provisional listing in relation to new PoCA (and PoVA, where applicable) cases will stop. Therefore it is even more important to take up references and look into career history, to ensure that you understand why a job applicant left previous employment (see NHS Employment Check Standards)
  
  
• The ISA will be accountable for all work and subsequent decisions on these cases, including automatic and discretionary barring

These changes do not come into force until winter 2008. Employers should familiarise themselves with this information now and regularly refer to the ISA website. Further announcements will be published on this web page and in our NHS Workforce Bulletin confirming when the changes will take effect and what will be required. Until a specific start date has been confirmed, you must continue making referrals as at present.

In the meantime, it is recommended that employers share this information with personnel and recruitment managers - all messages should make it clear that any changes are 'subject to Parliamentary approval'. It is also essential that you ensure that current practice for pre-employment checks is in line with legal requirements and good practice.

Contact for further information

If you have any further queries relating to this message and the changes outlined above, please contact:

ISA - email: scheme.info@homeoffice.gsi.gov.uk, or telephone: 0300 123 1111