Last amended by Protection of Freedoms Act 2012 in 2012. Merged the ISA with the Criminal Records Bureau to create the Disclosure and Barring Service (DBS), redefined 'regulated activity', and scaled back the scheme (abolishing 'controlled activity' and monitoring/registration).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Safeguarding Vulnerable Groups Act 2006 was passed in response to the Bichard Inquiry into the Soham murders. It created the Vetting and Barring Scheme and the Independent Safeguarding Authority (ISA) to keep unsuitable people out of work with children and vulnerable adults. The barring authority maintains two barred lists — the children's barred list and the adults' barred list — and it is a criminal offence for a barred person to seek or engage in 'regulated activity' and for an employer knowingly to allow them to do so. Employers and other regulated-activity providers must make barred-list checks and have a duty to refer to the scheme anyone they remove on safeguarding grounds. The Protection of Freedoms Act 2012 later merged the ISA with the Criminal Records Bureau to form the Disclosure and Barring Service (DBS) and significantly narrowed the scope of the scheme.
Key Points
- Two barred lists — the children's barred list and the adults' barred list, maintained by the DBS (s.2)
- 'Regulated activity' — defined activities with children or vulnerable adults for which barred-list checks apply
- Criminal offence for a barred person to engage in, or seek to engage in, regulated activity (s.7)
- Criminal offence for an employer knowingly to allow a barred person to engage in regulated activity
- Duty on regulated-activity providers and personnel suppliers to refer safeguarding concerns to the DBS (s.35)
- Right of appeal to the Upper Tribunal against inclusion on a barred list
Parts & Sections
Amendments History
2012 — Protection of Freedoms Act 2012
Merged the ISA with the Criminal Records Bureau to create the Disclosure and Barring Service (DBS), redefined 'regulated activity', and scaled back the scheme (abolishing 'controlled activity' and monitoring/registration).
Frequently asked questions
- Why was the Safeguarding Vulnerable Groups Act 2006 created?
- The Safeguarding Vulnerable Groups Act 2006 was passed in response to the Bichard Inquiry into the Soham murders. Its primary purpose is to keep unsuitable people out of work with children and vulnerable adults by creating the Vetting and Barring Scheme. It establishes criminal offences for barred individuals and employers who allow them to work in regulated roles.
- What are the two barred lists and who maintains them?
- The Disclosure and Barring Service (DBS) maintains two separate lists: the children's barred list and the adults' barred list. These lists are used to prevent individuals deemed unsuitable from engaging in regulated activity with children or vulnerable adults. The DBS took over these functions after the Protection of Freedoms Act 2012 merged the previous Independent Safeguarding Authority with the Criminal Records Bureau.
- What are the criminal offences associated with being on a barred list?
- It is a criminal offence for a person who is barred to engage in, or to seek or offer to engage in, regulated activity from which they are barred. Additionally, it is a criminal offence for an employer to knowingly allow a barred person to engage in such regulated activity. These offences are designed to ensure that barred individuals do not access roles involving children or vulnerable adults.
- Do employers have a duty to report safeguarding concerns to the DBS?
- Regulated-activity providers and personnel suppliers have a legal duty to refer information to the DBS if they remove a person from regulated activity due to safeguarding concerns. This duty ensures that relevant information is shared with the barring authority to help maintain the integrity of the barred lists and protect vulnerable groups from unsuitable individuals.
- How did the Protection of Freedoms Act 2012 change the safeguarding scheme?
- The Protection of Freedoms Act 2012 significantly changed the scheme by merging the Independent Safeguarding Authority with the Criminal Records Bureau to form the Disclosure and Barring Service. It also redefined 'regulated activity' and scaled back the scheme by abolishing 'controlled activity' and the previous monitoring and registration requirements, thereby narrowing the scope of who is subject to barring checks.