The next stage of the government’s plans to protect children and vulnerable adults, which comes into force today, will have serious implication for recruiters. 

From today, recruiters are obliged to notify the Independent Safeguarding Authority (ISA) of any ‘relevant information’ about candidates in ‘regulated activities’ who may pose a risk to children or vulnerable adults. ‘Regulated activity’ will cover those working in hospitals, nurseries, schools and care homes, for example, who have contact with these vulnerable groups.

According to Anne Fairweather, head of public policy at the Recruitment and Employment Confederation (REC), the legal requirement to provide the ISA with ‘relevant information’ applies to both permanent and temporary recruiters. 

Fairweather said that one example of relevant information is when an individual receives a caution in relation to children or vulnerable adults. 

Fairweather told Recruiterthat failure to comply could see recruiters face a possible fine of £5,000 and a prison sentence.

From today it is also a criminal offence to knowingly recruit individuals into ‘regulated activities’ - anyone who is on either of two new lists of barred individuals maintained by the ISA. These new lists replace the previous three lists.

From today also, anyone who previously applied for a standard CRB check on those working with children or vulnerable adults will need to apply for enhanced CRB checks.

The next phase of the scheme is due to be implemented on 26 July 2010, from when workers will be able (but are not obliged)  to register with the ISA. From that date recruiters will also have the facility to be automatically informed by the ISA when an individual in whom they have ‘registered an interest’ appears on a barred list. 

The guidelines, which set out the key elements of the new referral process, set out the circumstances under which a referral should be made the legal responsibilities of employers, including the paid and voluntary sector and also employees and the main points of the law in relation to referrals.

For the full guidelines:

http://www.isa-gov.org.uk/Docs/SVGA2006_ISA_Referral_guidance_19-09-2009.pdf

For more on what the new scheme will mean for recruiters, please see Analysis in this issue’s Recruiter (14 October).