The Irish FA will implement the new government Vetting and barring Scheme that requires people working in regulated activity with children and vulnerable adults to be checked and registered. This scheme will be launched on 26 July 2010.

Following the deaths of Holly Wells and Jessica Chapman in Soham, the Bichard enquiry was set up to investigate child protection procedures and thus make recommendations. The enquiry concluded that the Government should implement a scheme that requires people working in regulated activity with children and vulnerable adults to be checked and registered. As a result, the Vetting and Barring Scheme (VBS) was established and the vetting element of the service will be launched on 26 July 2010.

The VBS will be administered by a new public body called the ndependent Safeguarding Authority (ISA).  From this date, the ISA will make decisions over who should be barred from working with vulnerable people.  These decisions are legally binding so a barred person must not undertake certain roles.

Failure to comply could result in both the employer and the employee or volunteer being prosecuted and even going to prison.

How Willt he Vetting and Barring Scheme Work?

From 26 July 2010all new employees, those moving jobs and volunteers who want to engage in regulated activity¹ with children, young people or vulnerable adults can register withthe ISA.  From 1 November 2010, all new employees and volunteers engaging in regulated activities must register before they commence work.  Fromthen it will be illegal to recruit a person to a paid or voluntary post who is not ISA registered.  Current employees working in regulated positions will be required to register in accordance with a phased strategy (between April 2011 and July 2015).

What will this mean for your football club?

From 1 November 2010, every new start who wishes to engage in a regulated activity, whether in a paid or voluntary capacity, will be legally required to register with the Independent Safeguarding Authority (ISA) before commencing their posts.  As employers of people in a paid or voluntary capacity, your club will be legally bound to check and confirm that each new person has been registered and checked by the ISA.

Frequent and Intensive 

The terms frequent or intensive mean you will be affected by the Scheme if you work or volunteer frequently (once a week or more), or intensively (4 days in one month or more), or overnight in a regulated activity (see below).

Working with AccessNI

AccessNI will bethe gateway for ISA registrations in Northern Ireland; therefore all applications for registration will come through Access NI.  ISA-registration will not replace the need for an AccessNI Enhanced Disclosure check but creates a legal requirement on the individual to be registered.  An Access NI Enhanced Disclosure check will reveal ifthe person has convictions that would make an employer (club) consider them unsuitable to do the specific job, such as convictions for theft, fraud or dishonesty.  When used together, theISA registration and Access NI checking process will provide employers with one of the most comprehensive assessment and review services available to date.

Your club can, if you wish, register with ACCESSNI at a fee of £150 in order to complete your own ISA registrations.  However, the necessary administration can be very time consuming and, should some information be returned to the club that is concerning, but not at a threshold to bar an individual, it can be very difficult to address these with your own club’s personnel.

As the Irish Football Association has already registered with ACCESSNI as an ‘Umbrella Body’, we can assist and offer risk assessment advice to our affiliated clubs. In order to finance the necessary staff and administration costs of processing such a large number of forms, we must charge a fee of £5 per application for volunteers.

We are very conscious that, without the commitment of individuals volunteering their time, many children and young people would not get the opportunity to play football.  It is, however, vital that all clubs adhere to this legal requirement in order to ensure that all staff, coaches and volunteers are of good character.

For further information please contact the Child/Player Welfare Department on 028 90669458 or visit www.isa-gov.org.uk.

^Definitions

¹ Regulated Activity

Regulated Activity (RA) covers anyone working closely with children or vulnerable adults, either paid or unpaid, not part of a family or personal arrangement, on a frequent, intensive or overnight basis.

Regulated Activity can include, but is not limited to, any of the following:

• teaching, training or instruction, care or supervision of children

• teaching, training or instruction for vulnerable adults

• providing advice or guidance wholly or mainly for children, which relates to their physical, emotional or educational wellbeing

• providing advice, guidance or assistance wholly or mainly for vulnerable adults

• any form of treatment or therapy provided to children or vulnerable adults

• driving a vehicle that is being used only for the purpose of conveying children or vulnerable adults and their carers

• working in a specified place (schools or other statutory settings, sports clubs are not deemed specified places).

Examples

In the Sport and Leisure sector, in general the following types of activity will fall within the term RA and therefore need to be ISA registered;

· Structured supervision of a sporting activity in a group or one to one basis – where the coach, lead official or assistants hold responsibility for the supervision and management of members of a vulnerable group (but not participants who might supervise each other under a supervisor’s direction i.e. young people helping out their peer group on an add hoc basis) - must be ISA registered.

· Organised travel to and from sporting activity – requiring any supervision required during the event/activity.  But not transport arranged privately by parents.

· Overnight accommodation.

Vulnerable Adults.

‘Vulnerable adults’ are clearly defined in the legislation see below and would include instances where activities are arranged specifically for a group with disabilities.  It would not include situations where an adult who happens to have a disability participates in general activity targeted at those without disability.

A vulnerable adult is defined by the SVGA andthe SVGO as a person who is aged 18 years or over and who:

• is living in residential accommodation, such as a care home or a residential special school

• is living in sheltered housing

• is receiving domiciliary care intheir own home

• is receiving any form of healthcare

• is detained in lawful custody (in a prison, remand centre, young offender institution, secure training centre or attendance centre, or under the powers ofthe Immigration and Asylum Act 1999)

• is under the supervision of theprobation services

• is receiving a specified welfare service, namely theprovision of support, assistance or advice by any person, thepurpose of which is to develop an individual’s capacity to live independently in accommodation or supporttheir capacity to do so

• is receiving a service or participating in an activity for people who have particular needs because oftheir age or who have any form of disability

• is an expectant or nursing mother living in residential care

• is receiving direct payments from a local authority or health and social care trust in lieu of social care services, or

• requires assistance in the conduct of their own affairs.

The key terms in theabove definition are explained in theHome Office “The Vetting and Barring Scheme Guidance” March 2010 pg 20-21

Child

A person under the age of 18