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Notes about this presentation

• This presentation is about the introduction of
  the new Independent Safeguarding Authority (ISA)
  scheme under the Safeguarding Vulnerable Groups
  Act 2006.
• The term employers refers to both employers and
  managers of volunteers.
• The term employees refers to both paid and
  unpaid/volunteer work/activities.

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Key points

• Core purpose to prevent unsuitable people from
  working with children and vulnerable adults.
• The Scheme will reform and extend current vetting
  and barring practices.
• but employers retain their responsibilities for
  ensuring safe recruitment and employment
  practices.

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Legal policy framework

• The Safeguarding Vulnerable Groups Act 2006 sets
  out the scope of the ISA scheme.
• It defines two types of activity for which there
  are requirements on employers and individuals
• regulated activity and
• controlled activity

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Definition of vulnerable adult

• Defined in section 59 of the Safeguarding
  Vulnerable Groups Act.
• A person aged 18 or over who is in a specified
  setting or situation.
• The settings or situations are those where adults
  need to be able to trust the people caring for
  them, supporting them or providing them with
  services.

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Definition of vulnerable adult (2)

• Settings and situations are
• residential accommodation
• sheltered housing
• domiciliary care
• health care
• prison, probation or detention under Immigration
  Act powers
• receiving a prescribed welfare service
• receiving a service or participating in an
  activity targeted at people with disabilities,
  age-related needs or prescribed physical or
  mental health conditions
• receiving direct payments from a local authority
• unable to manage own affairs.

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What is regulated activity?

• Any activity which involves contact with children
  or vulnerable adults and is of a specified nature
  (e.g. teaching, training, care, supervision,
  advice, treatment or transport) taking place
  frequently, intensively and/or overnight.
• Any activity allowing contact with children or
  vulnerable adults and is in a specified place
  (e.g. schools, care homes, etc) taking place
  frequently or intensively.
• Fostering and childcare.
• Certain defined positions of responsibility (e.g.
  director of social services, trustees of certain
  charities).
• No distinction is made between paid and voluntary
  work.

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What regulated activity means

• Duties and responsibilities under regulated
  activity, where an organisation is providing the
  activity
• A barred individual must not undertake regulated
  activity.
• To undertake regulated activity with the
  permission of an employer an individual must be
  ISA-registered.
• An employer must not engage in regulated activity
  a barred person or a person who is not
  ISA-registered.
• An employer must check that a prospective
  employee who is in regulated activity is
  ISA-registered.
• Personal and family relationships are not
  covered.

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Controlled activity

• Tightly defined
• Ancillary support workers in FE, NHS and adult
  social care settings (e.g. cleaner, caretaker,
  catering staff, receptionist) with frequent or
  intensive contact with children or vulnerable
  adults.
• Those working for specified organisations (e.g. a
  local authority) with frequent access to
  sensitive records about children or vulnerable
  adults.
• It will be mandatory to check the ISA
  registration of individuals in controlled
  activity.
• A barred person can be employed in controlled
  activity, providing safeguards have been put in
  place.

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Employer duties - Referrals

• Employers, professional and regulatory bodies,
  and child/adult protection teams in Local
  Authorities will be under a duty to make
  referrals 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 and regulatory bodies when it
  bars someone, so that their professional
  registration can also be reviewed.

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Employers need to know

• You must not employ anyone to carry out regulated
  activity who is not ISA-registered if you do
  you are breaking the law.
• Youll always need to check a persons ISA status
  before employing them you cannot take their
  word for it and you cannot have them in post,
  even supervised, before you know the outcome of
  the check.
• Youll still need to carry out CRB checks on some
  employees, in line with any existing
  arrangements.
• Once youve registered your interest in an
  individual as their employer, youll be contacted
  if they are subsequently barred.

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Employees need to know

• If you want to work with children or vulnerable
  adults, youll have to apply to become registered
  with the ISA.
• There will be a cost to apply who pays this
  will be up to you and your employer (unless
  youre a volunteer).
• Youll need proof of your identity.
• Youll need to apply before you start working.
• But youll only need to apply once, and pay once,
  for ISA-registration.

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How it will work barring decisions

• The Independent Safeguarding Authority will
• Maintain the barred lists and decide who to place
  on them
• Consider representations
• Comprise a balance of different expertise.

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How it will work continued

• Barring Routes
• Auto Bar without representation
• Auto Bar with representation
• Bar based on case assessment.

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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.

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Public Consultation
14th August 2007
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• First consultation on barring offences concluded
  September 2007 and results are available at
  www.dcsf.gov.uk/consultations
• Second, wider consultation launched on 14
  November 2007 and available at www.dcsf.gov.uk/con
  sultations
• The fee is yet to be settled and is not included
  in the consultation, although
• volunteers will be free
• scheme will operate on a cost-recovery basis.

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Consultation proposals

• Key definitions (vulnerable adult, frequently,
  merely incidental)
• Regulated activity (refinements)
• Eligibility to make ISA registration checks
• Controlled activity
• Phasing in checks

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For further information please
visitwww.isa-gov.orgTo view the latest
consultation paper please visit
www.dcsf.gov.uk/consultations or
www.dh.gov.uk/consultations
Thank You Becky Sidwell (DH Dignity Quality
Branch) e-mail- rebecca.sidwell_at_dh.gsi.gov.uk
Direct contact number 0113 254 5978