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09/10/2009

Vetting and Barring Scheme Update – England and Wales

Important Note:  All of the golfing bodies that make up the Children in Golf (CIG) Strategy Group endorse the safeguarding principles contained in the ‘Guidelines for Safeguarding Children in Golf’.  However, due to different guidelines and legislation in Ireland, Irish Golf has its own ‘Code of Ethics for Golf for Young People’ which has information and appendices appropriate for use in the whole of Ireland.  You can find out more about safe recruitment procedures in Ireland at www.juniorgolfireland.com

The Vetting and Barring Scheme in England and Wales is being introduced under the Safeguarding Vulnerable Groups Act 2006, and replaces existing barring lists with a single independent system.  The legislation led to the creation of the Independent Safeguarding Authority (ISA) which is responsible for making barring decisions.  While the scheme will assist organisations in making safer recruitment decisions, it will not remove the need for clubs and counties, and other employers to undertake criminal records checks.  The ISA decision making process will only consider information relating to the potential risk an individual poses to children and/or vulnerable adults, whereas criminal records checks may contain details of offences that may not lead to a bar, but may be pertinent to a specific role.

There are new legal requirements which relate to employing barred people and the duty to refer information.  This will include requirements on employers of both paid staff and volunteers.  Staff engaged in ‘regulated activity’ will need to become members of the scheme which is being phased in (over five years) in order to work with children and/or vulnerable adults. 

As you may be aware, there has recently been a great deal of media attention on the Vetting and Barring Scheme, and on 14th September the Children’s Secretary Ed Balls announced that it is important to define  correctly certain aspects of ‘regulated activity’, specifically the definitions of  ‘frequent’ or ‘intensive contact’ with children.  Sir Roger Singleton, Chair of the ISA has been asked to undertake a review of this component of the Scheme and to report back by December 2009. 

This legislation will place new requirements on golf, and indeed the sports sector as a whole.  Government guidance specific for the sports sector is being developed to help explain how the scheme will work.  We are awaiting timescales of when the guidance will be available, however taking into account the time scales of the review outlined above, we do not anticipate that this will be available until early in 2010.  

The governing bodies and professional organisations of ‘Children in Golf’ (CIG) are committed to their safeguarding responsibilities, and will provide counties and clubs with a systematic approach to the requirements of the legislation.  CIG will provide guidance notes and FAQ’s following the publication of the government guidance for sport.  We will continue to provide regular updates on this website, and monthly updates will also be available on the NSPCC Child Protection in Sport (CPSU) website www.thecpsu.org.uk. You can also sign up to receive the CPSU quarterly newsletter ‘Relay’ on the site.

What should you do now?

Much of the Act does not affect children’s golf until July 2010, and employers of staff and volunteers in golf should:

  • Continue to follow the CIG guidance and framework for safe recruitment which includes undertaking criminal records checks (see Section 4 of the Guidelines for Safeguarding Children in Golf for recruitment advice -link to relevant section of CIG website).  You can contact your NGB Lead Child Protection Officer for guidance on how to manage this and the CRB process.  

From October 12th 2009 employers of staff and volunteers have a mandatory duty to refer names of people presenting relevant concerns to the Independent Safeguarding Authority (ISA). Hence where disciplinary action is taken against an individual due to safeguarding concerns, it is not acceptable to simply ask that individual to leave your organisation.  You should:

  • Follow CIG guidance on reporting concerns.  This includes referring the concern to your NGB Lead Child Protection Officer.  The CIG Case Management Group will provide support and advice in referring relevant and significant concerns to the new ISA. 

In addition, and in line with government guidance - Working Together to Safeguard Children (2006), all counties and clubs with junior members should:

  • Appoint a Club Welfare Officer details of this role can be found in Appendix 4H of the Guidelines for Safeguarding Children in Golf.
  • Ensure that you have appropriate and formal disciplinary procedures in place that relate to all members, volunteers and staff.

Guidance can be obtained from your NGB Lead Child Protection Officer.

Stay up to date...

It is important that those responsible for safeguarding within their club stay abreast of any developments, particularly new legal requirements. The best way to ensure that you stay up to date is to sign up to receive Children in Golf email alerts. The Children in Golf Group sends members of the CiG community emails when there has been a change in advice, when new legislation has been introduced, or when there are new training opportunities. This usually means that there are approximately 4 emails issued per year. Your details are not passed on to any other organisation or used for any other purpose. Please sign up here to receive future Children in Golf updates.



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