Independent Safeguarding Authority ISA

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Independent Safeguarding Authority (ISA)

• Karen Melville
• 28th January 2008

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Contents

• Background
• The current process
• The New Scheme
• Resource Implications (Finance, People)
• Next Steps and Timescales

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Background

• The Safeguarding Vulnerable Groups Act 2006 lays
  the foundation for a new scheme which aims to
  help avoid harm, or risk of harm, to children and
  vulnerable adults.
• The scheme aims to do this by preventing those
  who are deemed unsuitable to work with children
  and vulnerable adults from gaining access to them
  through their work.
• This will be done by
• Providing employers with a more effective and
  streamlined vetting service for potential
  employees
• Barring unsuitable individuals from working, or
  seeking to work, with children and vulnerable
  adults at the earliest opportunity
• The new scheme will be phased in from autumn
  2008.

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The current process

• The Bichard Inquiry Report (June 2004) identified
  systemic failures in current vetting and barring
  systems-
• inconsistent decisions being made by employers on
  the basis of CRB disclosure information
• CRB disclosure information is only certain to be
  accurate on the day of issue
• inconsistencies between List 99, the POCA list
  and POVA list
• the current barring system is reactive to harmful
  behaviour rather than preventative
• inconsistencies between police authorities in the
  disclosure of police information

• Operates through employers obtaining criminal
  record certificates issued by the Criminal
  Records Bureau (CRB) for new job applicants.
• Three separate lists of persons who are barred
  from working with children or vulnerable
  adults,-
• List 99
• The Protection of Children Act (POCA) List
• The Protection of Vulnerable Adults (POVA) List
• Also disqualification orders made by a court
  also bar individuals from working with children.

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The New Scheme

• The purpose of the new scheme-
• Minimise the risk of harm posed to vulnerable
  groups by those that might seek to harm them
  through their work (paid or unpaid), or whether
  they fall into the category of "regulated
  activity" or "controlled activity".
• It seeks to do this by barring unsuitable
  individuals not just on the basis of referrals
  but also at the earliest possible opportunity as
  part of a centralised vetting process that all
  those working closely with children and/or
  vulnerable adults will need to go through.

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The New Scheme 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) 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) frequently or
  intensively.
• Fostering and childcare.
• Certain defined positions of responsibility (e.g.
  school governor, 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 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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The New Scheme Controlled Activity

• Ancillary support workers (e.g. cleaner,
  caretaker, catering staff, receptionist) with
  frequent or intensive contact with vulnerable
  groups.
• Those working for specified organisations (eg a
  Local Authority) with frequent access to
  sensitive records about children or vulnerable
  adults
• It will be mandatory to check the ISA status 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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Key Features

• Individuals need to register with the ISA via the
  Criminal Records Bureau (CRB).
• Only two barred lists
• one for those who are barred from engaging in
  regulated activity with children (the "children's
  barred list"),
• one for those who are barred from engaging in
  regulated activity with vulnerable adults (the
  "adults' barred list").

• There will be an Independent Barring Board
  ("IBB").
• The IBB will maintain the barred lists and will
  make decisions about whether an individual should
  be included in one or both barred lists.
• In certain circumstances there will be a right of
  appeal to the Care Standards Tribunal, against
  inclusion in a barred list.

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Key Features

• The scheme will ensure that people permitted to
  work in regulated activity in relation to
  children or vulnerable adults are subject to
  continuous monitoring by the ISA
• Employers are required to check an individual's
  status in the scheme before permitting them to
  engage in regulated or controlled activity in
  relation to a vulnerable group
• Individuals only need to register for the scheme
  once, unless they take a break from work of over
  3 months, at which time they will need to
  re-register.

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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

• We must not employ anyone to carry out regulated
  activity who is not ISA-registered if we do we
  are breaking the law
• We always need to check a persons ISA status
  before employing them we cannot take their word
  for it and we cannot have them in post, even
  supervised, before we know the outcome of that
  check
• We still need to carry out CRB checks on some
  employees, depending on the post theyre applying
  for
• Once we have registered our interest in an
  individual as their employer, we will be
  contacted if they are subsequently barred

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Employees need to know

• If they want to work with children or vulnerable
  adults, they have to apply to become registered
  with the ISA
• There will be a cost to apply who pays this has
  yet to be agreed (unless they are a volunteer)
• They will need proof of their identity
• They need to apply before they start working
• But they only need to apply once, and pay once

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How it will work Barring decisions

• The Independent Safeguarding Authority will
• Decide who to place on the barred lists and
  maintain the barred lists
• Consider representations
• Comprise a balance of different expertise

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

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Are CRBs still required Yes!

• Whilst a person can be registered with the ISA as
  someone who is suitable to work with these
  groups, they could still have a criminal record
  which, if you knew about it, would make them an
  unsuitable candidate for the actual job.  
• EXAMPLE
• Driver of the minibus - You only carry out an ISA
  check online which shows that the person is
  registered to work with children/vulnerable
  adults but without a CRB check you would not know
  that the person had a conviction for dangerous
  driving

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Resource Implications

• People
• The scheme will be implemented on a phased basis.
  
• Initially the scheme will apply to new employees,
  however over a period of time existing employees
  will be required to register with the ISA.
• The Council will need to review and update
  existing polices to ensure procedures are in
  place should a current employee be barred under
  the new scheme.

• Finance
• The ISA is an independent body funded by fees
  charged from processing applicants wishing to
  register for the scheme.
• The exact amount has yet to be approved my
  Ministers, but is likely to be in the region of a
  CRB check (the current cost of an enhanced CRB
  check is 36), but this is only an indication.
• As an employer we need to agree whether we pay
  the registration fee for current and/or potential
  employees or whether individuals will be required
  to pay for their registration.

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Next Steps and Timescales

• The new scheme will be phased in from Autumn
  2008.
• New employees will need to be registered with the
  ISA and employers will be required to check their
  status before they commence employment.
• Existing employees will be required to register
  on a phased basis.
• Cross Council Project team to be established

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Questions?

• Karen Melville
• HR Manager
• 01702 215919