Protecting Vulnerable Groups: Scottish Vetting and Barring Scheme: Analysis of the Consultation

Appendix 5: The consultation questions

The consultation document set out the background to the consultation, highlighted the key points for consideration and posed a series of questions around the proposals contained within the consultation to which respondents were invited to respond.

There were 24 questions posed in the consultation paper and these focused around a number of broad topic areas. The questions were intended to focus on the key issues which were raised in the consultation paper. The list of questions was not intended to restrict responses and all comments and views, whether or not they related directly to a specific question, have been taken into consideration.

Table 2.1 Questions Contained in the Consultation Document: response booklet

Part 1	General
Consultation questions	Question 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. Question 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? Question 3: Interests of Vulnerable Groups - Do you have any concerns abut 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? Question 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? Question 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? Question 6: Other matters. Please make any other comments which are relevant to the Scottish Bichard Vetting and Barring Scheme.
Part 2	Consultation Paper Proposals
Consultation 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?

Part 1

General

Consultation questions

Question 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.

Question 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?

Question 3: Interests of Vulnerable Groups - Do you have any concerns abut 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?

Question 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?

Question 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?

Question 6: Other matters. Please make any other comments which are relevant to the Scottish Bichard Vetting and Barring Scheme.

Part 2

Consultation Paper Proposals

Consultation 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?

Respondents were invited to respond freely to each question in the consultation document. Some respondents answered each question while others chose to comment on a limited number of questions. Most chose to follow the question structure, although a few preferred to provide comments in a free-flowing format.

Page updated: Wednesday, August 16, 2006

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