Due to the natural scope for seasonal work, businesses in Cornwall need to be especially aware that shops, restaurants and cafes will be forced to register their staff with a new child protection agency and have their criminal records checked if they employ children for weekend or summer holiday work. Staff responsible for supervising children under 16 will have to be vetted under the Safeguarding Vulnerable Groups Act (2006).
The Act was introduced in 2006 originally to effectively screen teachers, nursery staff and youth workers by asking them to register with the Independent Safeguarding Authority (ISA) but it has now been decided to extend it’s scope to businesses and from October next year will play an important role in safeguarding children, which is a top priority for the government.
The current system for vetting people who wish to work with children or vulnerable adults operates through employers obtaining criminal record certificates issued by the Criminal Records Bureau ("CRB disclosures") for new job applicants. CRB disclosures give employers information about an individual's criminal records history, which informs their assessments about the individual's suitability.
This process will be replaced and the decision on who is unsuitable will based on bringing together relevant information held by various agencies, government departments and the CRB. The new Independent Safeguarding Authority (ISA) scheme will carry out the checks for employers and will give individuals, at a cost of £64 for each member of staff registered, a “seal of approval”. It will also be possible for an employer to see if a prospective employee is barred with secure online access rather than the current paper-based process. The new system will update barring decisions as soon as any new information becomes available, and where possible, notify relevant employers if an employee becomes barred.
Under the Safeguarding Vulnerable Groups Act:
• there will be tough penalties for those employers who fail in their responsibility to carry out the necessary checks or recruit people who are not members of the scheme – including fines of up to £5,000;
• it will be a criminal offence for a barred individual to even seek a job in regulated activity working in close contact with children or vulnerable adults;
• employers and parents will be able to make an on-line check that a prospective employee is a member of the scheme and thus not barred;
• vetting decisions will be reviewed when new information becomes available and employers who have registered an interest will be notified when an individual ceases to be a member of the scheme.
“Whilst the new scheme will have a major impact on the recruitment and monitoring practices, businesses need to note that this measure also covers work experience” Verity Slater of the Employment Team at Follett Stock Solicitors says “Legally13 and 14 year old children are allowed to work before and after school and during the school holidays. Many children aged 15 and 16 are grateful for a summer job and although the working time provisions apply many businesses in Cornwall are grateful for the extra pair of hands during the busy season and need to be aware of the new Act coming in to force next year”.
If you require any further information on working time regulations for young workers or have any queries on the ISA scheme, please contact Verity Slater of Follett Stock either by email at verity.slater@follettstock.co.uk, or by telephone on 01872 247284 or any other member of the Employment Team at Follett Stock on 01872 241700.
Email Verity 
