Volunteers and the Law - Ask me Anything

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Mark Restall workshop at AVM 2016, helping volunteer managers understand the law. The session was a chance to ask questions on any legal issue relevant to volunteer management, aimed at those who need information on specific topics, or who have strategic responsibility for volunteering.

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Volunteers and the Law - Ask me Anything

  1. 1. Volunteers and the Law Ask me anything! Mark Restall
  2. 2. Some updates • For those of you with dusty old copies of Volunteers and the Law, here are some recent changes
  3. 3. SARAH Act 2015 This Act applies when a court, in considering a claim that a person was negligent or in breach of statutory duty, is determining the steps that the person was required to take to meet a standard of care. The court must have regard to whether the alleged negligence or breach of statutory duty occurred when the person was acting for the benefit of society or any of its members.
  4. 4. Protection of Freedoms Act 2012 Changes to criminal record checks • “Regulated Activities” that can be subject to an enhanced disclosure with a barred list check • No checks for under 18s • Update service
  5. 5. Regulated activities - Children • (i) Unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children  once a week or more or four or more times in any 30 day period. • (ii) Work for a limited range of establishments (‘specified places’), with opportunity for contact: for example, schools, children’s homes, childcare premises. Not work by supervised volunteers;
  6. 6. Supervision Decision in hands of organisation: • there must be supervision by a person who is in regulated activity • the supervision must be regular and day to day • the supervision must be “reasonable in all the circumstances to ensure the protection of children”.
  7. 7. Regulated activities - Adults (i) Providing health care (ii) Providing personal care (iii) Providing social work (iv) Assistance with cash, bills and/or shopping The provision of assistance to an adult because of their age, illness or disability, if that includes managing the person’s cash, paying their bills or shopping on their behalf.
  8. 8. Regulated activities - Adults (v) Assistance in the conduct of a person’s own affairs (vi) Conveying A person who transports an adult because of their age, illness or disability either to or from their place of residence and a place where they have received, or will be receiving, health care, personal care or social care; or between places where they have received or will be receiving health care, personal care or social care. This will not include family and friends or taxi drivers.
  9. 9. Benefits rules Universal Credit • “All work-related requirements” group: • Up to half of work related activity can be volunteering • This is not an hour limit on volunteering! They can volunteer for longer, just that the extra time won’t count towards their work-related activity hours.
  10. 10. Filtering of minor offences 2013 Court of Appeal decision Sole conviction, non-custodial sentence (suspended sentences count as custodial!), not of a prescribed nature (violent, sexual etc)
  11. 11. People from overseas • EU/EEA citizens – can volunteer • Refugees/Asylum seekers – can volunteer (Asylum seekers no longer restricted to voluntary sector) • Visitors – can volunteer up to 30 days for a registered charity during their stay • Other immigration statuses – must be allowed to work (e.g. students, working holiday makers)
  12. 12. Thank you! restallmark@gmail.com Legal updates from Sandy Adirondack: www.sandy-a.co.uk Online resource coming soon (and further guidance): www.ncvo.org.uk

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