Protection of Freedoms Act

The Protection of Freedoms Act 2012 received Royal Assent on 1 May 2012.

It contains all of the new safeguarding and vetting requirements that will affect individuals in sport and recreation organisations who have contact with children and adults at risk.

The legislation is now fixed and the new legal requirements are due to come into force at various times from 10 September 2012 onwards.

A summary of the timeframe for implementation is below:

DATE CHANGE
   
10 September 2012 Introduction of new definition of Regulated Activity (unsupervised requirement)
  Repeal of Controlled Activity
  Repeal of registration and monitoring requirements
  Repeal of additional information
  Introduction of 16 yrs old as the minimum age at which someone can apply for a CRB check
  More rigorous 'relevancy' test for when police release information held locally on an enhanced CRB check
   
December 2012 Merger of Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA) to create the new Disclosure and Barring Service (DBS)
   
Spring 2013 Introduction of Criminal Records Status Check (CRSC)
  Introduction of Single Disclosure

Impact on the sport and recreation sector

There are three significant changes that organisations need to start to understand and prepare management solutions for in relation to checking individuals that have contact with children and adults at risk in their environments. These changes are:

  1. Regulated activity and which individuals must be checked legally.
  2. Single disclosures being sent to individuals only.
  3. Continuous updating and portability arrangements – Criminal records status check.

What should you be doing now?

  1. Familiarise yourself with our briefing note on the September changes and how they will impact you. Refer to the May briefing note for further background.
  2. Consider our supervision consultation response in light of how you want to define supervision in your context and start to work up a definition of supervision that works for your organisation.
  3. Review the Government guidance on defining supervision and wait for the sector guidance to be worked up as a guide for you to apply the concept of supervision in your context.
  4. Communicate with your membership on the September changes and how you are determining if an individual is in Regulated Activity based on the level of supervision.
  5. Start to think through the implications of the Spring 2013 changes.

Support and assistance

We are working with the Child Protection in Sport Unit (CPSU) to run sport specific workshops on the requirements later this year.

We have set up a number of pages on our website to provide you with information and downloads on the Act.

All information provided by the Government can also be downloaded from these pages.

The pages are listed below and you can navigate to them either by clicking the links below or by using the menu on the left.

September changes

Regulated Activity with children and defining supervision

Regulated Activity with adults at risk

Disclosure and Barring Service

Spring 2013 change - Single Disclosure

Spring 2013 change - Continuous Updating

If you wish to discuss this further contact our Governance Team.

Downloads:
Protection of Freedoms Act Compliance Guidance produced by the Sport and Recreation Alliance with information up to date as of 9 May 2012. This guidance provides an overview of the Act.
Protection of Freedoms Act Compliance Guidance produced by the Sport and Recreation Alliance with information on the September changes. This guidance provides up to date information as of August 2012.
Leaflet produced by the Home Office on the changes that come into force on 10 September 2012.
Factual note produced by the Government on regulated activity relating to children - the new definition.
Questions to ask yourself and your organisation in preparation for implementing the changes brought in by the Protection of Freedoms Act.
A powerpoint presentation delivered at the Home Office Disclosure and Barring roadshows during the summer of 2012.
Information pack created by the Home Office which pulls together all of the questions asked about the September changes.

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