While the service and processes the CRB provide does not change, from September, there will be some changes that will affect healthcare providers regulated by the CQC.
The following changes affect registered providers:
Change to the definition of ‘regulated activity’
The system of disclosure and barring is based on ‘regulated activity’ and the definition of this will change in relation to safeguarding adults as defined in the Safeguarding Vulnerable Groups Act 2006 (SVGA).
It is important to note that the term ‘regulated activity’ does not have the same meaning as it does in the Health and Social Care Act 2008 (HSCA) and the new legislation does not make any changes to the scope of regulated activities that providers register for under the HSCA.
For disclosure and barring purposes, a regulated activity is one involving close work with vulnerable groups, including children, which a barred person must not do. The new disclosure and barring legislation redefines and reduces the scope of regulated activities.
Abolition of ‘controlled activity’
Controlled activity no longer exists, meaning that since September 2012 providers have not been entitled to check whether people in the controlled activity category are on the barred list.
People in controlled activity roles may still be eligible for a DBS check, depending on their role.
Minimum age
There is now a minimum age of 16 at which someone can apply for a DBS check.
Registration and monitoring
Registration and monitoring under the Vetting and Barring scheme has been abolished. Originally, it was intended that anyone wishing to work with children and vulnerable adults would have to register, and once registered, be continuously monitored. That scheme was never implemented, and has now been abolished altogether.
'Brown envelope' material
The scheme has allowed police forces to provide certain sensitive ‘additional information’ about applicants (commonly known as ‘brown envelope’ material) separately from the enhanced DBS check.
Since 10 September, this provision no longer exists in the Police Act, although the police may choose to use common law powers to provide information directly to employers in cases where they believe this is necessary.
Police information
There are changes to the types of information the police will be able to provide as part of the enhanced disclosure. They will have to apply a more rigorous relevancy test before disclosing information.
Challenging information
Applicants used to be able to challenge information disclosed on their own criminal records certificate that they believe to be inaccurate. From September 2012, the Protection of Freedoms Act allows people other than the applicant to do that too.
Source: www.cqc.org.uk
Image: Must Be Art, Flickr
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