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SOCIAL SERVICES NORTH WEST
MEETING TO BE HELD AT TAMESIDE ON 15 JUNE 2001.
REPORT OF THE CO-ORDINATOR
CHARGES FOR POLICE CHECKS ON VOLUNTEERS
1. Matter for Consideration:
Developments regarding the issue of charges for the vetting of volunteers working with vulnerable people.
2. Introduction
- Following concerns expressed by Councillor Joynes on behalf of Oldham Metropolitan Borough Council about the vetting of voluntary workers, this matter was reported to the Committee in March 2001. Members shared the concerns regarding charging volunteers for the cost of police checks, and endorsed the motion originally carried by Oldham MBC. Officers of SSNW were thus requested by Members to write to relevant Ministers asking for clarification about which organisations will benefit from the dropping of charges for vetting voluntary workers as well as emphasising the importance of protecting all vulnerable people in the care of social services.
3. Information
3.1. Letters have since been written to John Hutton MP, Minister of State at the Department of Health and Rt Hon. David Blunkett MP, Secretary of State for Education and Employment (see letters attached as appendix). As yet no response has been forthcoming. Given the General Election in June of this year it is unrealistic to expect a response. However the questions raised have in effect been answered by the publication of the ‘Advisory Bulletin Employment Relations No 429 – Criminal Records Bureau March 2001’.
3.2. The Advisory Bulletin gives details of the levels of disclosures available – namely enhanced and standard (available for positions which are exceptions to the Rehabilitation of Offenders Act 1974 ) and basic which can be obtained for any post. Disclosures contain details of an individual's criminal convictions and/or record. The specified employment from which offenders are barred are:
- List 99 ( a list of individuals considered unsuitable to work with children and held by DfEE
- The Protection of Children Act List (POCAL) - similar to List 99 but held by the DoH
- The list of individuals held by the DoH of people unsuitable to work with vulnerable adults (established by Section 81 of the Care Standards Act 2000 (CSA)
Enhanced disclosures will be available for individuals involved in regular caring, training or supervising or being in sole charge of persons under 18 and ‘vulnerable’ adults as defined below. Standard disclosures are available for those in regular contact with children under the definition of ‘regulated position’ in the Criminal Justice and Court Service Act 2000. Basic disclosures can be obtained for any post.
A draft definition of vulnerable is set out in Appendix 3 of the Bulletin Reference – Section 115(4) (a) Police Act 1997, and is as follows:
A person may be considered vulnerable if he receives
- accommodation and nursing or personal care in a care home or
- personal care in his own home through a domiciliary care agency, or
- healthcare services provided by an independent hospital, independent clinic , independent medical agency or National Health Service body , or
- services provided in an establishment catering for a person with learning difficulties and , in consequence of any one , or any combination , of the following factors, namely:
- a substantial learning or physical disability, or
- a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs, or
- a substantial reduction in physical or mental capacity due to advanced age, he is substantially dependent upon others in performing basic physical functions , or his ability to communicate with those providing services, or to communicate with others, is severely impaired, an, as a result, he would be incapable of protecting himself from assault or other physical abuse, or there is a potential danger that his will or his moral well being may be subverted or over-powered.
3.3. Members will be particularly pleased to see that in section 37 of the Advisory Bulletin under 'Fees for disclosures and for registration', the following statement is made regarding volunteers:
‘It has been confirmed , in a response to a Parliamentary question on 6 February, that volunteers will not be charged by the CRB for disclosures.’
There is nothing to indicate that this does not apply to all volunteers working with vulnerable people. As a result it would seem that the concerns raised by Oldham MBC, and endorsed by Social Services North West at its last meeting, have been dealt with.
- The ADSS North West Support Services Group has made arrangements to study the implications of the new Criminal Records Bureau for social services authorities in the North West, with a view to identifying common concerns and establishing common practices whereever possible. If members have any further concerns in this area, they could be referred to this group.
4. Recommendation
Members are asked to note the above report.
APPENDIX
11 April 2001
Rt. Hon. David Blunkett MP
Secretary of State
Department for Education and Employment
Sanctuary Buildings
Great Smith Street
London
SW1P 3BT
Dear Mr Blunkett,
Re: Charges for Police Checks on Volunteers
I am writing as Chair of Social Services North West, to seek clarification from Ministers, as to the changes you propose to the charging arrangements for police checks on voluntary workers. Social Services North West is the representative body for social services authorities in the North West, 19 of the 22 eligible councils being members. We share the concern of the Government, that all vulnerable people – children and adults – should be protected through the proper vetting of volunteers.
We are aware that it is intended that by July 2001, a new Criminal Records Bureau will provide a ‘one stop shop’ for all organisations whose employees or volunteers come into contact with children and vulnerable adults. Members are also aware that in early February of this year, you announced that the cost of vetting workers with voluntary groups would be met by the Government. However, this appears to be aimed only at volunteers working with children, and does not address the wider issue of potential abuse faced by all vulnerable people. Members are concerned about the potentially prohibitive cost of criminal record checks -at least £10 per person - a concern that concurs with that expressed by the National Council for Voluntary Organisations. We realise that where charges are imposed, it is likely that larger voluntary organisations would pay for the necessary checks, but in the case of smaller ones the burden would be passed on the volunteers themselves.
The motion detailed below has been endorsed by Social Services North West and was originally agreed at a meeting of Oldham Council in November 2000 with all party support. The motion asked that the Government :
- make it mandatory for the Police and the new Criminal Records Agency to vet all workers, without exception, who are involved with the care and development of children and other vulnerable people;
- make available funding to allow all voluntary organisations working with vulnerable people to request vetting for any new volunteer;
- make it compulsory that such requests for vetting , should be completed by the police within 30 days.
Members of SSNW would greatly appreciate clarification of the issues I have raised, and trust that their concerns about the situation of vulnerable adults will be addressed.
In view of his responsibilities for the personal social services, I have also written to John Hutton at the Department of Health.
I look forward to receiving your response on this important matter.
Yours sincerely,
Councillor Cliff Morris
Chair, Social Services North West
11 April 2001
John Hutton MP
Minister of State
Department of Health
Richmond House
79 Whitehall
LONDON SW1A 2NS
Dear Mr Hutton,
Re: Charges for Police Checks on Volunteers
I am writing as Chair of Social Services North West, to seek clarification from Ministers, as to the changes you propose to the charging arrangements for police checks on voluntary workers. The member authorities of Social Services North West share the concern of the Government, that all vulnerable people – children and adults – should be protected through the proper vetting of volunteers.
We are aware that it is intended that by July 2001, a new Criminal Records Bureau will provide a ‘one stop shop’ for all organisations whose employees or volunteers come into contact with children and vulnerable adults. Members are also aware that in early February of this year, the Secretary of State for Education, David Blunkett, announced that the cost of vetting workers with voluntary groups would be met by the Government. However, this appears to be aimed only at volunteers working with children, and does not address the wider issue of potential abuse faced by all vulnerable people. Members are concerned about the potentially prohibitive cost of criminal record checks -at least £10 per person - a concern that concurs with that expressed by the National Council for Voluntary Organisations. We realise that where charges are imposed, it is likely that larger voluntary organisations would pay for the necessary checks, but in the case of smaller ones the burden would be passed on the volunteers themselves.
The motion detailed below has been endorsed by Social Services North West and was originally agreed at a meeting of Oldham Council in November 2000 with all party support. The motion asked that the Government :
- make it mandatory for the Police and the new Criminal Records Agency to vet all workers, without exception, who are involved with the care and development of children and other vulnerable people;
- make available funding to allow all voluntary organisations working with vulnerable people to request vetting for any new volunteer;
- make it compulsory that such requests for vetting , should be completed by the police within 30 days.
Members of SSNW would greatly appreciate clarification of the issues I have raised, and trust that their concerns about the situation of vulnerable adults will be addressed.
In view of his statement earlier this year, I am also writing to David Blunkett.
I look forward to receiving your response on this important matter.
Yours sincerely,
Councillor Cliff Morris
Chair, Social Services North West
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