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Garda Vetting Update 19 January 2021

Garda Vetting Update 25 November 2020

November 24, 2020

Relevant work

Only those who carry out ‘relevant work’ under Garda Vetting Legislation can be Garda Vetted. This consists of any work or activity carried out by a person in which a necessary and/or regular part consists mainly of the person having access to, or contact with, children or vulnerable persons.

We have updated our Identification Verification form to reflect this and have left space for you to fill in the additional details about the work duties a person performs. 

The work duties section must have a clear description of the job duties which involve regular access and contact with children. For example, ‘Manager’ does not give enough specific detail of the duties which involve children; please include duties like covering staff breaks, changing nappies, supervision of children etc.

Applications for vetting should not simply use generic terms to describe the role of the persons wishing to be vetted, but a clear description of how their work functions, and how their role involves regular access to and contact with children.

If the role is not a relevant work activity (as defined above) then the Garda vetting forms for the applicant will be returned to the Early Learning and Care or School Age Childcare setting.

Evidence of unsuccessful applications for vetting must be kept on file for examination by the Tusla Inspectorate.

 

Do I need to have my Board Members Garda vetted?

At present, the Garda National Vetting Bureau is not accepting vetting applications for Board of Directors and certain ancillary staff, as these positions are not considered relevant work and therefore are not compliant under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.

Where a member of the Board of Management or an ancillary staff member has not been processed for vetting by the NVB but has regular access to and contact with children, a Garda Vetting application should be made with a clear description of the job duties which involve regular access and contact with children. We have updated our Identification Verification form to reflect this and have left space for you to fill in the additional details about the work duties a person performs.

If members of the Board of Management or ancillary staff have access to and contact with children and are refused vetting, they should not be allowed to carry out their duties when children are present.

Services which can demonstrate and provide evidence that they have followed the steps above will not be found on their inspection reports as either compliant or non-compliant when they apply for registration or in a context of on-going inspection. The following statement will be made on their inspection report “The registered provider has evidenced that they made reasonable efforts to meet vetting requirements within existing state legislation for their Boards of Directors and certain ancillary staff. Appropriate risk management measures are found to have been implemented.”

Tusla is aware of the situation and is engaging with DCEDIY and the National Vetting Bureau to resolve this issue.

Tusla recommends that the registered provider should satisfy themselves that their service is well managed and running properly and suggest that as part of their duties they should visit the service during working hours. These work duties can be listed on the new Early Childhood Ireland Identification Verification Form, and they must clearly state how they involve regular access to and contact with children.

Tusla recommends in its August and September newsletter’s 2019 that members of the Board of Management who are not in direct contact with children, cannot be Garda vetted under the requirements from the National Vetting Bureau Act. Tusla, therefore, requests that references of suitability are submitted for these members.

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