Employers that repeatedly make inappropriate or even unlawful background checks on staff will in future face fines of up to £500,000 as part of the coalition government’s revamp of the controversial Vetting and Barring Scheme.
 

The proposals are contained in the Protection of Freedoms Bill, which is due to be published today, and would see the VBS replaced by a significantly scaled back system targeting only those personnel who have close and regular contact with children and vulnerable adults such as teachers, nurses and care workers.
 
Criminal records checks would no longer apply to volunteers who occasionally or might interact with them and the move is expected to half the number of such investigations to 4.5 million. The changes are expected to be introduced in about 18 months if, as anticipated, the Bill reaches the statute book early next year.
 
Under the new regime, employers that knowingly ask for a background check that is inappropriate or even illegal will be hit with a penalty, however. In the most extreme cases, they could be referred to the Information Commissioner to assess whether data protection laws have been breached. The watchdog has the power to demand that action is taken and can impose fines of up to £500,000.
 
Deputy Prime Minister Nick Clegg, who announced the plans, said: “We inherited a messy criminal records regime that developed piecemeal for years and defied common sense. Our reviews concluded that the systems were not proportionate and needed to be less bureaucratic. They will now be scaled back to sensible levels, whilst at the same time protecting vulnerable people.”
 
Other proposed changes include enabling criminal record checks to be transferred between jobs and an end to the requirement for those working with vulnerable groups to register with the VBS and be continuously monitored by the Independent Safeguarding Authority.
 
Home Secretary Theresa May suspended the need for new job applicants to register with the ISA last June, pending a review of the scheme, and the decision has now been taken to merge it with the Criminal Records Bureau in order to create a single organisation responsible for vetting people and clearing them for work.