Tag Archives: Enhanced Disclosures

Safeguarding Adults at Risk

The Care Act 2014 makes it clear that abuse of adults links to circumstances rather than the characteristics of the people experiencing the harm. Labelling groups of people as inherently ‘vulnerable’ is seen to be disempowering.

Definitions

The definition of “vulnerable adult” originated in the 1997 Consultation Document “Who Decides?” ‘No Secrets’  was published in 2000 as government guidance for developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse. It encouraged organisations to work together to protect vulnerable adults from abuse.

The definition and use of “vulnerable adult” from No Secrets (2000) will have been used in many older safeguarding vulnerable adults policy and procedures but should now be replaced with the new definition from the Care Act (2014).

Terminology: “Adults at risk of harm”

The terminology of ‘vulnerable adults’ has moved towards ‘adults at risk of harm’, usually shortened to ‘adults at risk’ in policies and procedures.

‘Adult with a care and support need’ may also be used.  Refer to specific categories of people who may be at increased risk of harm, for example ‘adults with a physical or learning disability’ or ‘older people’.

Safeguarding Adults at Risk

The policy and procedures that any organisation implements should reflect this and include the current definition of adults at risk rather than that of vulnerable adults.

All organisations have a duty to ensure that the welfare of all adults is ensured. As part of this they need to understand when to implement their safeguarding adults reporting procedures.  Safeguarding duties apply to an adult who:

  • Has needs for care and support (whether or not the local authority is meeting any of those needs) and;
  • Is experiencing, or is at risk of, abuse or neglect; and;
  • As a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of, abuse or neglect.

Taxi Drivers no longer eligible for eCRB

Council leaders and safety campaigners have condemned government plans to relax the criminal checks designed to protect passengers from dangerous taxi drivers.   Currently, prospective taxi and private car hire drivers must pass an enhanced criminal record bureau (CRB) check, which gathers information from local police records, the Police National Computer, child protection and sex offenders registers. The checks are repeated every three years to satisfy licensing authorities that these drivers do not pose a risk.

 Under the Protection of Freedoms Bill, they  would only be entitled to a ‘Standard’ CRB check which only includes convictions, cautions and reprimands, and would not show if they were barred from working with children or vulnerable adults.   Transport for London, the capital’s licensing authority, rejected 240 drivers between 2002 and 2008 after enhanced checks uncovered incidents of rape, terrorist activities, organised crime and drug dealing. They say these incidents would have been missed by less rigorous checks. Continue reading Taxi Drivers no longer eligible for eCRB

Launch of Police National Database

The new Police National Database ((PND) will be launched nationally on 23 June 2011.   The information held on the PND is not new information but comes from existing force systems that support force intelligence, crime, domestic abuse, child abuse and custody business areas.  The PND now offers forces direct access to that information, and details of intelligence about vehicles, locations and events.

A case study demonstrating the benefits for police users working in child protection  is available here.

Only Enhanced Disclosures will contain reference to  any ‘relevant and proportional information’ held by local police forces,  so employers will need to utilise safer recruitment and other HR policies to ensure that people working on the periphery of Regulated Activity are appropriate to do so.   Continue reading Launch of Police National Database

Police pick up charging powers from CPS

The power to decide charges for those suspected of crimes will be passed from the Crown Prosecution Service to the police under plans announced by the Home Secretary on 9th May.   Theresa May said the Home Office will pilot doubling the number of charges transferred to the police, making them responsible for 80% of charging decisions, including shoplifting cases.

Rationale for change

Charging defendants by post was among other measures outlined today to provide a ‘new, simpler and potentially quicker’ way of bringing a defendant to court for a prosecution.  May said that in ‘appropriate bail cases’, this will allow officers to send a written charge by post, requiring the defendant to attend court on a specific date to answer the charge, rather than calling the suspect back to the police station.

The moves are part of raft of changes  aimed at reducing police bureaucracy and giving police more control over the way they operate. They follow up a pledge made by the home secretary a year ago to give the police more freedom.

The Home Office estimates that the package of reforms could save over 2.5 million police hours every year, the equivalent of 1,200 police officer posts.

Background statistics

Under the present arrangements the police can only charge in these cases when a guilty plea is anticipated. 

The CPS took over charging decisions in the most serious, sensitive and complex cases in 2006, but police always retained around 67% of all charging decisions – made up of high volumes of less serious cases.  The CPS will continue to make charging decisions in the most complex and serious cases.   ‘The ‘Public Prosecutions’ Guidance on Charging’ set outs these new charging responsibilities for police officers and the role of prosecutors.

Scale of CRB checks on Volunteers

The Daily Mail reported on a press release by the Manifesto Club about the scale of volunteer vetting.  “Figures obtained under the Freedom of Information Act show that almost a million checks were made last year, a six-fold increase since the CRB was launched in 2002.”

 The Club, which campaigns against over-regulation, claims that many local authorities – even Tory ones – are still demanding ‘blanket’ vetting of volunteers.   Josie Appleton, director of the Manifesto Club, said: ‘The  Government has made some fine statements criticising over-use  of the CRB checks but these haven’t affected anything on the ground.  ‘CRB checking is leading to the collapse of valuable community services and the loss of the best and most generous volunteers in our communities.’

A Home Office spokesman said the CRB was working to restore ‘proportionality’ to its service and added: ‘We are also clear that there are occasions that these checks are vital to protect public safety.’

Daily Mail Article

Sport challenges safeguarding changes

An alliance of Sports Governing Bodies are challenging the new definition of Regulated Activity that is emerging from study of the Protection of Freedoms Bill. Some of the proposed details are open to interpretation and will have significant impact on established practice and policies.   For instance :

  • Regulated Activity will no longer include any supervised teaching, training or instruction. In a sporting context, this requires clear definition. as the environment is so different to a school.  The Faith sector are also likely to be unhappy with the implications of this change.
  • Current proposals are that only the applicant will receive the CRB disclosure. Clarity is needed on how National Sports Governing Bodies, and other professional regulators will receive this
  • There will be a charge for the updating service. How this will work for volunteers and whether they will still be able to get checks for free is not clear.

Continue reading Sport challenges safeguarding changes

CRB & ISA to merge into new body

An article in the Telegraph pre-empts the announcement about the results of the criminal records regime review by Sunita Mason and the parallel one into the Vetting & Barring Scheme. Headline: “An anti-paedophile vetting scheme that would have involved nine million adults will be ripped up next week in a major reworking of how background checks are conducted.” Continue reading CRB & ISA to merge into new body