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:
|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:
- Regulated activity and which individuals must be checked legally.
- Single disclosures being sent to individuals only.
- Continuous updating and portability arrangements – Criminal records status check.
What should you be doing now?
- 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.
- 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.
- 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.
- 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.
- 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.
If you wish to discuss this further contact our Governance Team.
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