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1. In February 2011, the Government unveiled plans to scale back the vetting and barring scheme (VBS) and criminal records regime to common sense levels. The necessary legislative changes are included in the Protection of Freedoms Bill, which is subject to parliamentary approval, and is expected to become law by early 2012.

1. Part 5 of the Bill proposes various amendments to the current law regarding the vetting and barring of individuals who wish to carry out paid or voluntary work with children or vulnerable adults. It also introduces certain procedural changes to the current system for issuing criminal records checks, particularly with regard to the portability of CRB checks and the inclusion of unproven allegations on certificates. A new CRB regime would be introduced after the Bill receives Parliamentary approval. Some of the proposed key changes include:

• Redefining the concept of ‘regulated activity’ and revising the eligibility rules for CRB checks. This could make many roles within the voluntary sector which involve work with children and vulnerable adults as non-regulated and therefore ineligible for vetting and barring purposes. Broadly speaking anyone working frequently and unsupervised with children or vulnerable adults will be deemed to be working in a regulated role and will be subject to the ISA’s vetting and barring process.
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• Making enhanced disclosure checks available to those undertaking regulated activity under the new definition by the Protection of Freedoms Bill. This means that an individual working in a supervised role with children or vulnerable adults will not be considered to be in a regulated role. They can still apply for an enhanced disclosure check which will not involve a check of the ISA’s barred lists.
• Enhancing the portability of CRB checks; applicants will be able to consent to a new online process which will continuously update their CRB checks and allow employers to carry out an online status check to see if there have been any changes since their last CRB check;

• Issuing a CRB certificate to the applicant only; to give them the opportunity to make representations against the information released before it is available to an organisation to consider the person’s suitability;

• Developing a method for filtering out older and minor convictions so that they will no longer be revealed on a CRB disclosure.

1. Implications for churches and Christian organisations:

• The changes proposed in the Protection of Freedoms Bill will have implications for churches and Christian organisations working with children and vulnerable adults. However, it is important to note that these are proposals at this stage and any changes will not be implemented until 2012. There has been a consultation with various stakeholders as part of the legislative process and CAS has been working with member denominations to play an active part in influencing the Bill so that children and vulnerable adults continue to be effectively protected within churches. 
• Note that while the Protection of Freedoms Bill passes through the necessary legal routes, all existing CRB checking processes will remain intact. CAS member denominations will be considering the proposed changes and how they might affect relevant roles within their churches both before and after the Bill is enacted. In view of the proposed changes, churches must ensure that they have robust safer recruitment procedures to ensure that paid workers and volunteers working with children or vulnerable adults in regulated and non-regulated positions are effectively vetted.  This is crucial as a CRB Disclosure is not sufficient in itself. Employers including churches continue to have a legal responsibility to report certain behaviours and disciplinary measures they have taken where there is an occurrence or risk of harm to a child or vulnerable adult.

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