Decisions in relation to protecting children and vulnerable adults as regards individuals who work with those groups used to be taken by government ministers and civil servants. In 2008 the control of such decision-making began to shift to the Darlington based independent organisation now known as the Independent Safeguarding Authority ("ISA") (Safeguarding Vulnerable Groups Act 2006 s.1). Since January 2009 the ISA has had independent authority over the Vetting and Barring Scheme.

This major re-think to the vetting and barring procedure for those working with children or vulnerable adults began as a result of the murder of two school children (Holly Wells and Jessica Chapman) in Soham in 2002 by a school caretaker (Ian Huntley). The subsequent Bichard Inquiry set out in 2004 that, amongst other things, there needed to be greater dependability and responsibility built into the processes used by recruiters to make background checks on individuals who applied to work with children or vulnerable adults. It was decided that an enhanced vetting procedure must be utilised before an individual was able to commence (paid or unpaid) work with children or vulnerable adults. Following the Bichard Inquiry the Vetting and Barring Scheme was created.

The key piece of legislation in this field is the Safeguarding Vulnerable Groups Act 2006 ("SVGA 2006") (in Scotland, the Protection of Vulnerable Groups (Scotland) Act 2007). SVGA 2006 s.2 provides for the creation of two centralised lists, the Children's Barred List and the Adult's Barred List which, from October 2009, have replaced the three former barred lists (which essentially stemmed from the Protection of Children Act 1999 - the "POCA list", the "POVA list", based on the Protection of Vulnerable Adults scheme, and "List 99" maintained by the Education Department of those banned from working with children).

The ISA brought in the concept of "regulated activities" at the same time (October 2009) that the two barred lists were implemented (see SVGA 2006 s.5). This introduced a broader ban on the range of jobs and activities that persons on the barred lists could take up .

In further development of the scheme from 26th July 2010 those commencing new roles (in paid or voluntary work) with children or vulnerable adults can begin to register with the ISA. Later, from 1st November 2010, ISA registration becomes compulsory for those new entrants and from this date it will be a criminal offence to work in a "regulated activity" role without being ISA-registered.

By 31st July 2015 all of those working in "regulated activities" or "controlled activities" - whether new entrants, those in the same job, or those moving to a different RAP - must be ISA registered. It will then become a criminal offence to employ in a "controlled activity" someone barred from undertaking a "regulated activity" with children or vulnerable adults. Self-employed individuals should seek the advice of an umbrella body/registered body as to how and when to register.

It should be noted that from 12th October 2009 two criminal offences were created under the Vetting and Barring Scheme: It is now a criminal offence for individuals barred by the ISA to work or apply to work with children or vulnerable adults in a wide range of posts (SVGA 2006 s.7). Employers also face criminal sanctions for knowingly employing a barred individual across a wider range of work (SVGA 2006 s.9 and SVGA 2006 s.19).

See also general notes at Acts of Parliament etc/Safeguarding Vulnerable Groups Act 2006 and/or Criminal law aspects/vetting of job applicants and/or Criminal law aspects/Rehabilitation of Offenders Act/exceptions and/or Criminal law aspects/Offences under employment legislation/children for general relevant notes.