The Vetting and Barring Scheme replaced List 99, the POCA list and the POVA list in October 2009. It is operated by the Independent Safeguarding Authority and aims to ensure that unsuitable people do not work with children, whether in paid employment or on a voluntary basis.
Two barred lists are maintained:
- persons barred from working with children;
- persons barred from working with adults.
It is a criminal offence for a barred person to engage in work with children or adults if barred and for an employer to knowingly engage a barred person to carry out such work.
If an allegation is substantiated and:
- the person is dismissed or
- the employer ceases to use the person’s services,
- or the person resigns or otherwise ceases to provide their services
the LADO should discuss with the employer whether a referral should be made to the Independent Safeguarding Authority and/or a professional regulatory body.
A referral must be made if a person is or would have been removed from working with children or adults and the employer thinks ‘relevant conduct’ has occurred or the individual poses a risk of harm. Relevant conduct is defined as:
- endangers a child or is likely to endanger a child
- involving sexual material relating to children
- involving sexually explicit images depicting violence against human beings
- sexual behaviour involving a child
In compiling a report for a barring or regulatory body, the employer will be assisted by the LADO in:
- ensuring wherever possible, the employer receives sufficient evidence from Children’s Social Care enquiries and Police investigations
- the interpretation of outcomes and professional opinion
- the identification of risks to children
If a referral is to be made it should be submitted within 1 month of the allegation being substantiated. Consideration will then be given to whether the individual should be barred from, or have conditions imposed in respect of working with children.
A referral must always be made if the employer thinks that the individual has harmed a child or poses a risk of harm to children.
