Rehabilitation of the Vetting and Barring Scheme Required

The High Court has ruled that the Independent Safeguarding Authority are acting in breach of human rights law by imposing automatic bans on employees with criminal convictions or cautions. The ISA was set up by the Safeguarding Vulnerable Groups Act 2006, in order to vet those who were seeking to or likely to work with children or vulnerable adults, and the legislation allowed it to bar anyone from such work for periods of between one and ten years if they had been found guilty of, or admitted to, relevant criminal offences.  However, in response to a challenge from the Royal College of Nursing, the court ruled that imposing such bans without allowing those affected to make representations was contrary to the European Convention on Human Rights.  Accordingly, it is expected that the government will have to make changes to the system, which will have implications for colleges, universities, and all organisations whose staff require vetting from the ISA.  For further information, visit  http://www.civilsociety.co.uk/finance/news/content/7819/high_court_rules_vetting_and_barring_scheme_breaches_human_rights, and for more on e-safety, visit http://www.jisclegal.ac.uk/Themes/eSafety.aspx.

Posted on 06/01/2011

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