Safeguarding Vulnerable Groups Act 2006
2006 CHAPTER 47
ANNEX A – GLOSSARY OF TERMS:
Italics indicate terms defined elsewhere in the glossary
Automatic inclusion on a barred list
Barring which is as a result of a person meeting a criterion for automatic barring, as prescribed under Schedule 3, paras 1(1), 2(1), 7(1) or 8(1). Depending on the gravity of the offence which leads to automatic inclusion, a person may have the right to make representations for removal from a barred list (see annex D). C.f. discretionary barring and annex D.
Controlled activity
Controlled activity is intended to cover activity in which a person must not employ another person without following certain steps. These steps may be prescribed in regulations under section 23. The Act does not prohibit a barred person from working in controlled activity, although the intention is that regulations will specify that appropriate safeguards must be in place. Broadly controlled activity covers support work in further education and health settings and activities that give a person access to sensitive data, as specified in the Act. See sections 21 to 23. C.f. regulated activity.
Discretionary barring
Barring which is not as a result of a person meeting a criterion for automatic inclusion in a barred list. A person may be barred on the basis of previous behaviour (Schedule 3, paras 3 and 9) or future risk of harm (Schedule 3, paras 5 and 11). A person must be given the right to make representations before he is included in a barred list on this basis (see annex D).
Frequently
The term “frequently” is used in relation to the definition of regulated activity (Schedule 4, paras 1(1)(b), 1(2)(a), 7(1) and 7(4)(a)) and controlled activity (Section 21(3), (4) and (6) and Section 22(2)). The term is not defined in the legislation as it is intended to take its normal, everyday meaning, although guidance will be issued before the implementation of the scheme setting out the Secretary of State’s broad interpretation of the meaning of the word. C.f. the period condition (Schedule 4, para 10).
Harm
The term “harm” is used in relation to the thresholds for barring (Schedule 3, paras 4, 5, 10 and 11) and for the duties to refer information to the IBB (sections 35, 36, 39, 41 and 45). The term is not defined in the legislation as it is intended to take its normal, everyday meaning.
Independent Barring Board
The IBB will be an independent statutory body, which will make decisions about whether to include a person on a barred list and whether to remove the person following representations or a review. Information is to be supplied to the IBB by the Secretary of State and via referrals from employers, professional bodies and others.
List 99
A list of those who must not be employed in the education sector or have had restrictions imposed their ability to be employed in that sector. The provision for including a person on List 99 in the Education Act 2002 is repealed under Schedule 10 of this Act.
POCA list
A list of those who barred from working with children. The provision for the list kept under the Protection of Children Act 1999 is repealed under Schedule 10 of this Act.
POVA list
A list of those who barred from working with vulnerable adults. The provision for the list kept under the Care Standards Act 2000 is repealed under Schedule 10 of this Act.
Regulated activity
Regulated activity defines activity which barred individuals must not carry out. Also a regulated activity provider must check that a person who he engages in regulated activity is subject to monitoring. Broadly regulated activity includes work (paid and unpaid) which involves close contact with children or vulnerable adults. Schedule 4 sets out the definition of regulated activity.
Regulated activity provider
Broadly the term regulated activity provider covers employers who employ a person to work (paid or unpaid) in regulated activity. An important exception to this is a person who makes arrangements for another to engage in regulated activity for his own benefit or for a child or vulnerable adult who is a member of his family or is a friend. The precise definition of a regulated activity provider is set out in section 6.
Representations
A person whom the IBB is considering including in a barred list via a discretionary barring must be given the opportunity to make representations before he is included. In the case of automatic inclusion in a barred list, a person may have the right to make representations for removal from the barred list, depending on the gravity of the offence which leads to automatic inclusion (see annex D). Any information which the IBB proposes to use or has used to make a barring decision is to be made available to the individual to give the individual an opportunity to make representations as to why he should not be barred.
Review
A person included in a barred list may apply to the IBB to have his case reviewed after the minimum prescribed period has elapsed. A review may happen only with the IBB’s permission which will be granted only if the IBB considers that the person’s circumstances have changed since he was included in the list.
Subject to monitoring
A person acquires the status of being “subject to monitoring” once he has made an application to the Secretary of State to become subject to monitoring, provided that he is not barred and satisfies any other preliminary requirements which may be prescribed (see section 24(1)). The Secretary of State will then make enquiries as to whether information that could lead to barring exists about the person (section 24(3)) and will repeat those enquiries at appropriate intervals (section 24(7)). The Secretary of State will pass relevant information obtained by this process to the IBB to make a barring decision (Schedule 3, para 20(2)). If a person is barred he loses his status as being subject to monitoring
Undergoing assessment
A person is “undergoing assessment” (as defined in section 31(4)) if he is subject to monitoring and either:
1.he has recently made an application to become subject to monitoring and satisfied the initial criteria to become subject to monitoring (steps 1 and 2 in Annex B diagram), but the Secretary of State is still making full inquiries about whether any information exists that could lead to the person’s inclusion on a barred list (steps 3 to 6 in Annex B diagram); or
2.he is being considered for discretionary barring.
