ANI CIRCULAR : 4/2013 ACCESS NORTHERN IRELAND www.nidirect.gov.uk/accessni Date : 3 May 2013 DISCLOSURE APPLICATIONS FOR VOLUNTEER POSITIONS This circular sets out how AccessNI will consider applications for Enhanced checks in respect of volunteers from 3 May 2013. The key points are:- Clarification of a volunteer in terms of checks that attract no fee; AccessNI will no longer accept applications where the position applied for (Box H2 of the disclosure application form) has the single word volunteer or volunteer working with children and/or vulnerable adults ; The application must make it clear in what capacity the volunteer is working with either children and or adults, eg, teaching, training, instructing, providing personal care, help with general household matters etc; Where the application involves volunteering with children, the position applied for must state if the volunteer is working in an unsupervised or supervised capacity; and Boxes H7 and H8 must be completed Yes only where there is an entitlement to check barred lists. Unless the position involves working with both groups, only one box should be ticked. For all other checks these boxes must be marked No. 1
Detail 1. Registered / Umbrella Bodies will be aware of the changes to Regulated Activity from 10 September 2012. Given these changes, AccessNI has reviewed the position in relation to disclosure applications, particularly those received from volunteers. 2. It is a matter for RBs and UBs to determine whether an application falls within Regulated Activity (and therefore requires an Enhanced check with Barred List information), or whether the post now falls outside the scope of Regulated Activity, but is eligible for an Enhanced check without the Barred List information. The Northern Ireland Executive s leaflet, Changes to disclosure and barring: What you need to know clearly sets out the revised definition of Regulated Activity. This leaflet is available from the AccessNI and DHSSPS web-sites at:- AccessNI : http://www.dojni.gov.uk/index/accessni/disclosure_and_barring_programme.htm and DHSSPS : http://www.dhsspsni.gov.uk/changes-to-barring.pdf 3. A barred list check can only be requested where the individual applicant/volunteer is working within the new definition of Regulated Activity. When requesting an Enhanced check (with a check of the barred lists), Part A1 of the disclosure application form must be completed as follows:- 4. Also in this circular, AccessNI is taking the opportunity to provide further clarification to RBs and UBs about applications from volunteers that are free of charge. If you are unclear about any aspect of this circular, please contact AccessNI on 0300 200 7888. What is a volunteer? 5. Disclosure applications for positions meeting the AccessNI definition of a volunteer are exempt from the fees that AccessNI charge in respect of Standard and Enhanced applications. All Basic applications are charged at the appropriate fee. 6. The definition of a volunteer is set out within AccessNI Regulations, The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2010 1. Payment is required for all applications that do not meet this definition. 1 SRNI 2010 No. 229 2
7. The definition is:- Volunteer means a person engaged, or to be engaged, in an activity for a non-profit organisation or person which involves spending time unpaid (except for travel and other approved out-of pocket expenses) doing something which amounts to a benefit to some third party other than, or in addition to, a close relative. 8. To be regarded as a volunteer an applicant must therefore meet three distinct criteria:- (a) The applicant must be volunteering for a non-profit organisation or person. This is defined in the legislation as an organisation or person that does not distribute its surplus funds to owners or shareholders. In addition, the legislation also specifically sets out that a fee is payable to AccessNI where an individual volunteers for a statutory organisation, or where the organisation has received the appropriate AccessNI fee from public funds, for example as a grant from central or local government, or any organisation handling public funds; (b) The applicant must be unpaid except where travel and other out-of-pocket expense is incurred by the applicant and is reimbursed to them by the organisation. This is designed to cover circumstances where the volunteer has incurred a specific and actual expense, such as travel expenses or is required to purchase a meal. This would exclude circumstances where a fee of any type is paid to the applicant, for example due to their skills or expertise or where an standard allowance or payment is made due to particular circumstances, such as unsociable hours or poor working conditions; and (c) The work undertaken must be for the benefit of a third party. This excludes volunteering solely to assist relatives or where the main benefit is to the volunteer rather than others. An example of this would be an applicant undertaking a course that could either enhance their CV or is designed to lead to employment even where the course is organised or the applicant sponsored by a non-profit organisation. 9. In all cases where the applicant does not meet all three criteria, a fee is payable for the disclosure and the AccessNI Application Form must be marked Account at Field I1 on page 5. 3
Volunteering with Children 10. Volunteers working with children seeking an Enhanced check are entitled to a barred list check if working in Regulated Activity. This includes: Unsupervised activities. Teaching, training, instructing, caring for or supervising children, or providing advice/guidance on well-being or driving a vehicle only for children; Unsupervised activities in a limited range of establishments where there is opportunity for contact with children including; Schools Children s homes; Childcare premises; and A children s hospital. Providing relevant personal care, whether supervised or not. This includes; Washing or dressing; Health care by, or supervised by, a professional. 11. Regulated Activity also includes registered child-minding and foster care, but it is unlikely that volunteers will be involved in these areas. 12. Statutory Guidance on supervision is available via the AccessNI web-site at:- http://www.dojni.gov.uk/index/accessni/disclosure_and_barring_programme.htm AccessNI application forms with barred list check 13. RBs and UBs must provide full information when seeking a barred list check for volunteers working with children. Therefore in Box H2 (position applied for) on the application form RBs and UBs must:- Indicate that the position is unsupervised Provide information about the activity, eg training, whether it takes place in a specified establishment or provides relevant personal care 14. Please note that where the position applied for has more than 100 characters (including spaces etc) AccessNI staff will shorten this to ensure the description fits on the disclosure certificate. 4
15. For all Enhanced applications seeking a barred list check for working in Regulated Activity with children, the Yes Box at H7 must be marked with an X. The No Box should be marked at H8. What is no longer acceptable in box H2? What is acceptable in box H2? o Volunteer; o Volunteer working with children; o Volunteer working in school/hospital. o Unsupervised volunteer teaching/ training/ coaching/ driving/ caring for* children. It is acceptable to add for example in a church setting or in a sports setting if the RB/UB wishes to identify this; or *delete those not required o Unsupervised volunteer working with children in school/childcare premises etc; or o Volunteer providing relevant personal care to children. 16. Point of Note : the sample wording provided above are only examples and are not designed to be definitive descriptors in all cases. A worked example of a completed Page 5 of an AccessNI Application for this scenario is available at Annex A. AccessNI application forms without barred list check 17. Applications for Enhanced checks working with children without a barred list check can be made where; The volunteer works in a position that would be Regulated Activity except for the fact it is supervised (in these cases the position applied for in the application form should state the post is supervised); or Where the post was regarded as Regulated or Controlled Activity before 10 September 2012, but is no longer regarded as such under the new definition of Regulated Activity. 18. For all enhanced applications that do not seek a barred list check, the No Boxes at H7 and H8 must be marked with an X. A worked example of a completed Page 5 of an AccessNI Application for this scenario is available at Annex B. 5
Volunteering with Adults 19. Volunteers working with adults are entitled to a barred list check if working in Regulated Activity. This includes; Providing health care to an adult under the direction of a healthcare professional; Providing personal care 2 to another adult because of their age, illness or disability; Assistance with general household matters where because of their age illness or disability the volunteer manages that adult s cash, pays their bills or shops on their behalf; Provides various forms of assistance to help an adult conduct their own affairs, including power of attorney 3 ; and Conveying or transporting 4. an adult, because of their age, illness and disability; either:- to or from their residence to a place where they are or will be receiving health care or personal care or social care; or between places where they have received or will receive health care or personal care or social care. 20. Please note that where a service that falls within the criteria above is provided by a relative for example providing personal care or providing transport to a GP or hospital appointment, this is not Regulated Activity. It is regarded as a private family arrangement. Supervision is not an issue when working with adults. AccessNI application forms with barred list check 21. RBs and UBs must provide full information when seeking a barred list check for volunteers working with adults. 22. Please note that where the position applied for has more than 100 characters (including spaces etc) AccessNI staff will shorten this to ensure the description fits on the certificate. 2 You should look at the leaflet Changes to barring and disclosure: what you need to know for a fuller definition of this. 3 Please see the Safeguarding Vulnerable Groups (NI) Order 2007 as amended by the Protection of Freedoms Act 2012 for further information. 4 Includes patient transport service drivers and assistants, hospital porters, emergency care assistants and ambulance technicians. 6
23. For all Enhanced applications seeking a barred list check for working in Regulated Activity with adults, the Yes Box at H8 must be marked with an X. The No Box should be marked at H7. What will no longer be accepted in box H2? What will be acceptable in box H2? o Volunteer; o Volunteer working with vulnerable adults; o Volunteer providing personal healthcare/personal care to an adult; o Volunteer providing assistance with general household matters to an adult; o Volunteer providing assistance within terms of SVG(NI) Order 2007 to an adult; or o Volunteer transporting an adult for health/social/personal* care purposes. *delete those not required Organisations may add to this text, for example to include the words in a faith setting. 24. Point of Note : the sample wording provided above are only examples and are not designed to be definitive descriptors. A worked example of a completed Page 5 of an AccessNI Application for this scenario is available at Annex C. AccessNI application forms without barred list check 25. Applications for Enhanced checks working with adults without a barred list check can be made where the post was regarded as Regulated Activity before 10 September 2012, but not under the new definition of Regulated Activity. 26. The position applied for part of the application form must provide full information as to why an Enhanced check is sought. 27. For all Enhanced applications that do not seek a barred list check, the No boxes at H7 and H8 must be marked with an X. A worked example of a completed Page 5 of an AccessNI Application for this scenario is available at Annex D. CIRCULAR ENDS Annex A 7
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Annex B 9
Annex C 10
Annex D 11