Human Resources

The Safeguarding Children and Vulnerable Adults (NI) Order, re-defined regulated activity, established the Vetting and Barring Scheme (VBS) and established the Independent Safeguarding Authority which is responsible for vetting and registering all those who work with, or volunteer with, children and vulnerable adults.  The Independent Safeguarding Authority (ISA) is also responsible for deciding whether individuals should be barred from working with children and vulnerable adults and for maintaining the disqualification lists. 

The ‘registration’ aspects of the Scheme were due to commence in July 2010 (voluntary registration) and November 2010 (mandatory registration).  However, in June 2010 the Coalition Government announced that voluntary registration would be halted pending a review of the VBS to bring it back to proportionate, common sense levels. 

The aspects of the Scheme that were established prior to this announcement remain in force and must be adhered to by the University:

• It is a criminal offence for a barred individual to apply to work with children or vulnerable adults in a wider range of posts than previously.  Employers also face criminal sanctions for knowingly employing a barred individual across a range of wider work.
• The previous barred lists have been replaced by two new barred lists which are administered by the ISA.  Checks on these lists are made as part of an Enhanced Disclosure check through AccessNI.
• Additional jobs and voluntary positions are covered by the new arrangements.
• Organisations have a duty to refer to the ISA any information about an individual where they consider them to have caused harm or pose a risk of harm to vulnerable groups. 

Definition of Regulated Activity

The definitions of regulated activity remain in place pending the outcome of the Government’s review of the Scheme.  As the new definitions of regulated activity are more extensive than those established by the POCVA legislation, more individuals within the University are now classed as working in regulated activity.  The legislation stipulates specific activity which is regulated if carried out frequently or intensively (‘specified activity’) and stipulates particular settings (‘specified settings’) where, if any form of work is carried out, for or on behalf of the setting, frequently or intensively, it is deemed to be regulated. 

Frequently/Intensively:

Following the Singleton Review, the frequent and intensive tests are defined as follows:

In relation to health and social care provision, frequent is once a month or more

In relation to all other relevant activities/services/provision, frequent is once a week or more 

Intensive is 4 days or more in a 30 day period, or overnight

The NI Vetting and Barring Scheme Implementation Team (Department of Health, Social Services and Public Safety) is responsible for the implementation of the Safeguarding Children and Vulnerable Groups Order and has produced a guidance document to assist organisations in determining whether activity is regulated or not.  This guidance document is appended to the Safeguarding Children and Vulnerable Adults Policy and is also available at the link below.

Position Checklist

University Policy

Prior to the Government’s announcement, University Operating Board approved the revised Safeguarding Children and Vulnerable Adults Policy on 10 May 2010.  This policy encompasses the full aspects of the Scheme and, although the details relating to registration are not currently relevant, Schools and Directorates still have certain legislative and University responsibilities to adhere to.  The Policy is available at the link below:

Safeguarding Children and Vulnerable Adults Policy

Briefing Sessions

The Legal Services Unit is currently scheduling Policy Briefing Sessions with each School and Directorate.  These sessions will include:

1. an update on the Government's review of the Vetting and Barring Scheme;
2. the Department's current advice on research activity and personal tutors;
3. the Code of Conduct and Good Practice;
4. the referral process; and
5. implementation of the new policy and actions to be addressed. 

During these sessions we will also discuss the new internal audit arrangements and we will organise dates for the first audit meetings. 

If you have any queries in relation to this piece of legislation please contact the Legal Services Unit on x5002 or via email at s.d.spence@qub.ac.uk or n.mckay@qub.ac.uk