Protection of vulnerable groups and disclosure of information: engagement report

Moving Forward

The engagement process remains on-going as we seek to gain as much insight as possible from stakeholders. However, having analysed all of the feedback that has been gathered throughout the process so far, it is clear that stakeholders would like to see the following elements incorporated into the new scheme:

• Three levels of Disclosure (currently we offer ten)
• Online applications and access to vetting information
• Individual Membership Card (debit card size)
• On-going monitoring (highest level of disclosure only)
• Barring from regulated work
• Mandatory scheme (either fully or partly for certain roles)
• Revised appeal mechanism for spent convictions

The three levels of disclosure mentioned above would be as follows:

Level 1

• Application by individual
• Can be requested by anyone for any reason
• Will include unspent convictions only

Level 2

• Application by individual
• Applicant and linked organisation must agree that this level of disclosure is appropriate for the role
• Will include
  • Unspent convictions and unspent cautions
  • Relevant spent convictions
  • Inclusion on barred lists for regulated work
  • Other relevant information ( ORI)
• Will ask the question about the inclusion of
  • Inclusion on sex offenders register
  • Prescribed civil orders

Level 3

• Application by individual but linked organisation must approve
• Must be for regulated work or its replacement
• Will include:
  • Unspent convictions and unspent cautions
  • Relevant spent convictions
  • Inclusion on barred lists for regulated work
  • ORI
  • Inclusion on sex offenders register
  • Prescribed civil orders
  • On-going monitoring

Summary

The above findings take account of the identified need to streamline the existing disclosure products and give ownership to scheme members by providing a membership card as well as providing an online system. This takes account of the identified need to streamline the existing disclosure products and give ownership to scheme members by providing a membership card as well as providing an online system. It also retains elements of the existing scheme which stakeholders indicated that they felt should remain, such as the barring and listing functions and on-going monitoring.

There are some elements of the scheme that we continue to assess at this point in time, such as the fee structure of the new scheme and the referral process. We are also doing additional engagement with individuals going through the appeal process for the removal of convictions to understand fully the issues with the current mechanism.

We will bring forward detailed policy advice to ministers on the suggested scope and content of the forthcoming statutory consultation, distilling the ideas presented in this paper into a coherent and detailed prospectus for a reformed scheme.