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Protecting Vulnerable Groups: Scottish Vetting And Barring Scheme: Consultation Paper

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Response Booklet

This response booklet is also available in MS Word format (74k)

Responding to this consultation paper

We are inviting written responses to this consultation exercise by Tuesday 2 May 2006.

We would be grateful if you would indicate clearly in your response to which questions or parts of the consultation paper you are responding. We recommend using this response booklet, if possible. Please complete the respondee information form contained within the booklet.

Please send your response to:bichard.legislation@scotland.gsi.gov.uk

or

Scott Wood
Scottish Executive Education Department
Children and Families Division
Area 2B (North)
Victoria Quay
EDINBURGH
EH6 6QQ

If you have any queries or any comments on the consultation process, please contact Scott Wood at the address/email above or telephone 0131 244 7612

Consultation seminars

It is intended that a number of consultation seminars will be held, including one on 16 March in Glasgow and another on 20 March in Edinburgh. All seminars will cover the same material and will follow the same format. Spaces at the seminars will be limited: if you would like to attend one, please email bichard.legislation@scotland.gsi.gov.uk or call 0131 244 7612 to register your interest. You will be contacted in due course to confirm whether or not you have a place and to confirm the details of the venue and timings.

Information on the Bichard Inquiry can be found at www.bichardinquiry.org.uk.

Accessing this and other consultations

This consultation, and all other Scottish Executive ( SE) consultation exercises, can be viewed online at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is. The Scottish Executive now also has an email alert system for SE consultations. You can register to receive a weekly email containing details of all new SE consultations at http://www.scotland.gov.uk/consultations/seconsult.aspx.

Access to consultation responses

We will make all responses available to the public in the SE Library by 1 June 2006 unless confidentiality is requested. All responses not marked confidential will be checked for any potentially defamatory material before being logged in the library.

All respondents should be aware that the Scottish Executive is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

Scottish Executive Education Department
Children and Families Division
February 2006

RESPONDEE INFORMATION FORM

RESPONDEE INFORMATION FORM Part 1

RESPONDEE INFORMATION FORM Part 2

YOUR VIEWS

Part I. General

This part asks more general questions. Part II asks about the specific proposals contained in the consultation paper.

1.

Current system. Please identify what you consider to be the three greatest issues with the current system for checking those who work with children and vulnerable adults.

2.

Bichard recommendations. Do you have any comments you would like to make on the recommendations, especially recommendation 19 in respect of vetting and barring?

3.

Interests of vulnerable groups. Do you have any concerns about the way the proposed system might adversely affect the opportunities for children and vulnerable adults to participate in education, employment, sport and leisure activities? What could be done to mitigate this?

4

Interests of employers. Do you have any concerns on the impact of the proposals on the recruitment and selection of individuals to work with children and vulnerable adults? What could be done to mitigate this?

5

Interests of applicants. Do you have any concerns on the impact of the proposals on those who might apply for disclosure to work with children and vulnerable adults? What could be done to mitigate this?

6

Other matters. Please make any other comments which are relevant to the Scottish Bichard Vetting and Barring Scheme.

Part II. Consultation Paper Proposals

This part asks about the specific proposals contained in the consultation paper. Part I asks more general questions.

Proposals 1-3

Scope of new Vetting and Barring Disclosure. Do you have any comments on the type of position for which the new scheme will apply?

Proposal 4

Costs of Vetting and Barring Disclosure. How much more would you be willing to pay upfront for the new Vetting and Barring Disclosure? Please be as specific as you can, e.g. £10.

Proposals 4-5

Funding the Vetting and Barring Scheme. Do you agree with the broad proposals for: a more expensive initial disclosure, low-cost or free subsequent checks and free disclosure for volunteers?

Proposal 6

Retrospective Vetting and Barring Disclosure. Do you agree with the proposals for phasing the vetting and barring of the existing workforce?

Proposals 7-8

Disqualified from Working with Vulnerable Adults List. We are not looking for comments on the DWVAL, since this has been covered by previous consultation. However, we would like to know if this new context raises any new issues.

Proposal 9

Changes to the Disqualified from Working with Children List. Are there any changes, other than those outlined, which you would like to see made to the DWCL?

Proposal 10

Decisions on barred lists by new Central Barring Unit. Do you think decisions on barring should be made by a special panel, a case conference or administrators?

Proposals 11-13

Central Barring Unit. Do you have any comments on the status and governance arrangements for the Central Barring Unit? What degree of separation is needed from the Scottish Ministers?

Proposal 14

Provisional listing. What should the criteria be for provisional listing? Do you agree that the individual should be able to continue to work during the determination process?

Proposal 15

Appeals against listing. Do you agree that the right of appeal should be to the sheriff court with a three-month time-limit?

Proposal 16

Access to barred status. Who has a legitimate interest in the barred status of an individual and how should "fishing trips" be prevented?

Proposal 17

Information released to applicant. How much information passed on to the Central Barring Unit should be released to the applicant and employer? What criteria should there be for not releasing information?

Proposals 18-20

Information sharing between the Central Barring Unit, public authorities, employers, police and regulatory bodies etc. Do you have any comments on who should be required to pass what information on to whom?

Proposal 21

Role of regulatory bodies. Which regulatory bodies should receive information through disclosure? What information should they receive?

Proposal 22

Disclosure of civil orders. Which civil orders should be disclosed?

Proposal 23

Cross-referencing with offender registers and other lists. How do you think the DWCL and DWVAL should relate to other registers and lists, e.g. the Sex Offenders Register or Protection of Children Act List in England and Wales?

Proposals 24-25

Referrals. Do you agree with the proposals for who can make a referral? Should parents and personal employers be able to make a referral?

Proposal 26

Lifetime of certificates and checks. Do you agree that the vetting and barring disclosure certificate should have a finite lifetime, after which a new application for full disclosure needs to be made?

Thank you for your time.