The University of Edinburgh/NSPCC Centre for UK-wide Learning in Child Protection

(CLiCP)NSPCC registered charity numbers 216401 and SCO37717

Policy Developments in child

protection in organisations: An

Insight into Devolution

Date 4 March 2011

Venue University of

Edinburgh

School of Education

Connie Smith, University of Edinburgh

CLiCPConduct research and provide analysis and commentary on

child protection policy and developments across the UK

• Keeping children safe in public space– Developments post devolution

Overview• Vetting and Barring as a case to study – are

devolved areas different?

• Divergences within policy but overall one direction of travel

– Policy changes post-devolution– Broader context – Policy convergence and divergence

Fundamentals of Barring Systems

Offence to

employ

Offence to

work

Employers

refer

Unsuitable

List

© Connie Smith 2009

Vetting

• Criminal history information – Enhanced Disclosures

– Criminal records/cautions– Police intelligence– Barred from working with children

Policy drivers UK

• Revelations/inquiries into abuse in organisations

• Major events – Dunblane; Soham

• Predatory paedophile – Sarah Payne

Policy

• Internationalisation

• Crime and justice

• Risk and regulation

• Public protection

• Management of (sex) offenders

Possibilities of devolution

• Divergence in policy

• Enablers of divergence– Legislative/policy powers– Block grant– Shift from old to new interests

Constraints on divergence

• Promotion of policy convergence– Common agreements on criminal justice– Shared economic and social problems and

politics– Public views– Policy capacity– Policy spillover– England

Safeguarding Vulnerable Groups (NI Order) 2007

Key Developments in BarringEngland and WalesProtection of Children

Act 1999Safeguarding Vulnerable

Groups Act 2006

Protection of Children &

Vulnerable Adults (NI)

Order 2003

Northern Ireland

Protection of Children

(Scotland) Act 2003

Scotland

Protection of Freedom

Bill (introduced 2011)

Protection of Vulnerable Groups (Scotland) Act 2007

Protection of Freedom

Bill (introduced 2011)

Developments in Vetting and Barring

5 key stages

1. Clarification/centralising of criminal history information

2. Statutory arrangements for barring from work with children

3. Reform of the barring in England, Wales and NI

4. Membership scheme for posts with children

All jurisdictions of the UK

5. Remodelling in England, Wales and Northern Ireland

Divergence and reconvergence

• Barring Lists– Single list in Scotland– England, Wales and Northern Ireland – in

addition to existing Lists and then became single Lists

• Post covered – Scotland broad definition – England, Wales and NI posts in certain orgs –

then all orgs

Convergence

• Membership

• Expansion to wider range posts

• Increasing compulsion

Coherence

• Intention

• Architecture

• Direction

• Dominant agenda:– Risk – Preventive governance– Public protection

Divergence Post 2010

• Remodelling– Reduce posts covered– Reduce risk aversion– Employer responsibilities

• Retained– Vetting and barring

Conclusions

• One direction of macro policy

• Divergence in details in policy

“degree and scope rather than radically different conceptions” (Keating, 2005)

Single Policy Direction