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The Independent Safeguarding Authority

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Title: The Independent Safeguarding Authority


1
The Independent Safeguarding Authority
Presented by Matthew Tagney Department for
Children, Schools and Families
2
What is the ISA Scheme?
  • New, improved checking and monitoring scheme
    aiming to prevent unsuitable people from working
    or volunteering with children and/or vulnerable
    adults.
  • New Non Departmental Public Body (NDPB) which
    will decide who is barred from working with
    these groups.
  • Supported by the Home Office, DCSF and DH.

3
Why has it been created?
  • Bichard Inquiry into 2002 Soham murders
  • Supported by Safeguarding Vulnerable Groups Act
    2006, which defines
  • regulated activity
  • controlled activity

4
Scheme overview
  • Once the ISA Scheme has been fully rolled out, it
    will be illegal for employers to engage anyone in
    regulated or controlled activity without
    checking their registration status with the ISA
    Scheme first.
  • Employers will be notified if an individual is
    de-registered from the scheme.
  • Information-sharing framework is enshrined in law
    and at the heart of the scheme.
  • Domestic employment different circumstances.

5
Who does the scheme extend to?
  • Paid workers
  • Volunteers
  • Current workforce
  • Including workers from overseas

6
What is regulated activity?
  • Involves contact with children or vulnerable
    adults and is
  • of a specified nature (e.g. teaching, training,
    care, supervision, advice, treatment or
    transport) on a frequent, intensive and/or
    overnight basis.
  • in a specified place (e.g. schools, care homes,
    etc), frequently or intensively.
  • fostering and childcare or
  • a defined position of responsibility (e.g. school
    governor, director of social services, trustees
    of certain charities).

7
Define frequently and intensively
  • Frequently once a month or more.
  • Intensively is where an activity takes place on
    3 or more days in any one 30 day period.
  • Further guidance about this will be issued.

8
Key features of regulated activity
  • Expected to apply to almost 11 million workers
    and volunteers.
  • It will be illegal for barred individuals to
    undertake or apply for positions.
  • After full roll out, anyone undertaking it must
    be ISA-registered.
  • It will be illegal for organisations to engage a
    barred or non ISA-registered person.
  • Employers must check that prospective employees
    are ISA-registered.
  • Does not extend to personal and family
    relationships.

9
What is controlled activity?
  • Expected to apply to roughly half a million
    workers and volunteers.
  • Tightly defined
  • Ancillary support workers in FE, NHS and adult
    social care (e.g. cleaner, caretaker, catering
    staff, receptionist) with frequent or intensive
    contact with children or vulnerable adults.
  • Those working for specified organisations (e.g.
    Local Authorities) with frequent access to
    sensitive records about children or vulnerable
    adults.
  • Barred people can be employed in controlled
    activity, providing safeguards are in place.

10
Domestic employment
  • Those employed (e.g. nannies and care workers)
    by domestic employers (e.g. parents and carers,
    direct payment recipients).
  • The self-employed (e.g. music teachers).
  • It will not be mandatory for employers in
    domestic
  • circumstances to check the registration status
    of their employees, but for the first time they
    will be able to.
  • Illegal for barred people to undertake this
    activity.

11
Employer duties - referrals
  • Employers, professional and regulatory bodies,
    and child/adult protection teams in Local
    Authorities must refer information to the ISA in
    certain circumstances.
  • In other circumstances, employers may refer
    information regarding an individuals conduct to
    the ISA.
  • Parents/private employers should go to a
    statutory agency who can investigate and refer if
    appropriate (e.g. social services or the police).
  • The Independent Safeguarding Authority will
    inform professional/regulatory bodies if it bars
    someone, so that their professional registration
    can also be reviewed.

12
When does it start?
  • The ISA Scheme goes live on 12 October 2009.
  • New entrants to the workforce those moving jobs
    will be the first to go through the scheme.
  • Members of the existing workforce will be phased
    into the scheme over a five year period.

13
What will it cost?
  • Individuals in paid employment will pay 64 when
    applying for registration with the ISA Scheme.
  • The one-off application fee is composed of two
    elements - 28 to fund the running of the ISA and
    36 to pay for CRB administration and, in most
    cases and Enhanced Disclosure will be included.
  • Those involved only in unpaid voluntary activity
    will pay no application fee.

14
Will this replace the CRB?
  • No the ISA Scheme is a mandatory addition to
    current safeguarding systems, not a replacement.
  • Statutory requirements for CRB checks in certain
    sectors will remain.
  • The ISA will filter out those who pose an obvious
    risk.
  • ISA registration does not guarantee that an
    individual has a clean criminal record but that
    it has been checked by the ISA, which does not
    consider it to mean the individual is a risk.

15
How it will work Barring decisions
  • The Independent Safeguarding Authority will
  • comprise a balance of different expertise.
  • Decide who to place on and maintain the barred
    lists.
  • Consider representations.

16
How it will work continued
  • Barring Routes
  • Auto Bar without representation
  • Auto Bar with representation
  • Bar based on case assessment

17
How it will work Operations
  • The Criminal Records Bureau will
  • Receive applications to the scheme.
  • Gather and monitor information for the
    Independent Safeguarding Authority.
  • Administer automatic inclusions on the list and
    cases where there is no information.
  • Provide the facility for online checks and
    continuous updates.

18
Scheme operation Barring and online status
  • The status of individuals will be continuously
    updated on receipt of new information, such as
    new convictions or referrals from employers.
  • Employers will be notified, where they have
    registered an interest, if the status of their
    employee changes.
  • Scheme membership is transferable.

Not barred
ISA Registered
Online status checking
Not applied
Voluntarily withdrawn
Not ISA Registered
Left scheme
BARRED
Page 18
19
Our Next Stages
  • Transfer of cases and files from the current
    PoVA, PoCA and List 99 systems to the ISA.
  • The ISA is advising Ministers on who to place on
    the current barred lists (but Ministers still
    make the decisions).
  • ISA will include or consider all current barred
    individuals, with a view to transferring them to
    the new ISA barred lists.

20
Benefits of the ISA Scheme
  • The most inclusive and largest system of its kind
    in the world, with more roles and people covered
    than with current systems.
  • Barring decisions will be taken by independent
    experts.
  • Once the scheme is fully implemented, anyone who
    wants to work or volunteer with children or
    vulnerable adults in regulated activity will
    legally be required to register with the ISA.
  • Conversely, employers will be legally required to
    verify a persons registration status and ensure
    those they place with vulnerable people are on
    the scheme.
  • Better information sharing - employers, other
    statutory, business and public organisations will
    have a legal duty to refer appropriate
    information to the ISA.
  • Employers will be informed if an employee becomes
    de-registered from the scheme.
  • Parents will be able to check that the
    individuals they employ in a private capacity in
    regulated activity are registered with the ISA.

21
What do I have to do?
  • Keep in touch our website (www.isa-gov.org)
    will be frequently updated with advice
    guidance.
  • Evaluate the impact think about likely
    budgetary requirements, staff training needs
    process updates.
  • Play your part - continue with best practice
    recruitment and employment procedures.

22
For further information please
visitwww.isa-gov.org
Thank You
23
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