Independent Safeguarding Authority (ISA)

1. Independent Safeguarding Authority (ISA) Karen Melville 28th January 2008

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

3. 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.

4. 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. 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 The current process

5. 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.

6. 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.

7. 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.

8. 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. The New Scheme – ControlledActivity

9. 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. Key Features

10. 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. Key Features

11. 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 individual’s 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.

12. 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 person’s 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 they’re applying for • Once we have registered our interest in an individual as their employer, we will be contacted if they are subsequently barred

13. 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

14. 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 How it will work – Barring decisions

15. 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

16. 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. Resource Implications

17. 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

18. Questions? Karen Melville HR Manager 01702 215919