The Independent Safeguarding Authority Vetting and Barring Scheme

1
The Independent Safeguarding Authority Vetting
and Barring Scheme

• Alun Nutt
• Development Manager
• Cartrefi Cymru

2
What is the ISA?

• A new Non Departmental Public Body which will
  decide who is barred from working with children
  or vulnerable adults, after considering CRB
  referrals and any other relevant information
• The ISA will maintain a continuously monitored
  register of individuals who are not barred as
  above. (The Vetting and Barring Scheme).
• Anyone working with children or vulnerable adults
  in regulated activity must register with the
  Scheme. Includes volunteers as well as paid
  employees.

3
Highlights

• From November 2010 it will be mandatory for new
  entrants and job movers to have ISA registration
  before they start their new posts
• Voluntary applications for ISA registration for
  new entrants to the workforce those moving jobs
  will start in July 2010
• Members of the existing workforce will be phased
  into the scheme from January 2011
• Expect the phased roll out to run over a five
  year period.

4
Definition of child, vulnerable adult

• Child - a person under 18
• Vulnerable adult - a person who is aged over 18
  AND
• is receiving any form of health care
• is receiving a service or participating in an
  activity which is specifically targeted at
  people with age-related needs, disabilities or
  prescribed physical or mental health conditions
  or expectant or nursing mothers living in
  residential care
• age-related needs includes needs associated with
  frailty, illness, disability or mental capacity
• For more information - see S59 of SVG Act

5
What is Regulated Activity?

• Work with children or vulnerable adults if it
• Happens in a specified place eg
• childcare premises including nurseries
• residential homes for children in care
• childrens hospitals
• childrens detention centres
• adult care homes
• ALL staff in such premises would be covered

6
What is Regulated Activity?

• Work with children or vulnerable adults if it
• Is of a specified nature
• Teaching, training or instruction, care or
  supervision of children or vulnerable adults
• Advice, guidance or assistance for children or
  vulnerable adults
• Any form of treatment or therapy provided to a
  child or vulnerable adult
• Driving a vehicle which is being used only for
  the purpose of conveying children or vulnerable
  adults (Will include ambulance services, day care
  transport, school buses)
• Will include certain office holders eg trustees
  of some charities, school governors, LA Director
  of Childrens Services etc

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
  registered
• An employer must check that any employee, or
  prospective employee or volunteer who is, or will
  be, in regulated activity is ISA registered. An
  online checking facility will be available
• Personal and familial relationships are not
  covered.

8
What will it cost?

• Individuals in paid employment will pay 64 when
  applying for registration with the Scheme.
• The one-off application fee is composed of two
  elements 28 to fund the running of the ISA and
  36 to pay for the CRB Enhanced Disclosure.
• Those involved only in unpaid voluntary activity
  will pay no application fee.
• ISA registration does not replace the need for
  mandatory CRB checks

9
Further Information

• Updated Scheme info www.isa-gov.org. Includes the
  option to register for newsletter updates.
• Email queries to scheme.info_at_homeoffice.gsi.gov.uk
  . Tel. [phone]
• Contact person at WAG yvonne.delaney_at_wales.gsi.gov
  .uk Tel.[phone]
• Free half-day VBS Roadshow at Llandudno 14th
  July. Book through www.isa-gov.org

10
The Bichard Report - Recommendation 19

• New arrangements should be introduced requiring
  those who wish to work with children, or
  vulnerable adults, to be registered. The register
  would confirm that there is no known reason why
  an individual should not work with these client
  groups.

11
The Safeguarding Vulnerable Groups Act 2006 sets
out the scope of the scheme.

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

12
Transitional stages

• ISA established January 2008
• Currently barred individuals ISA is including
  them, or considering to include them, on the new
  barred lists
• From 31 March 2008, ISA was advising the
  Secretaries of State on referrals to the current
  barring schemes
• From 20 January 2009 (following secondary
  legislation), ISA now takes the decisions on new
  referrals to the current barring schemes
  business as usual, except referrals go to ISA,
  not DCSF DH

13
Definition of child, vulnerable adult

• Child - a person under 18
• Vulnerable adult - a person who is aged over 18
  AND
• is receiving any form of health care
• is receiving a service or participating in an
  activity which is specifically targeted at
  people with age-related needs, disabilities or
  prescribed physical or mental health conditions
  or expectant or nursing mothers living in
  residential care
• age-related needs includes needs associated with
  frailty, illness, disability or mental capacity
• For more information - see S59 of SVG Act

14
Legal policy framework

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

15
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, therapy or
  transport) on a frequent, intensive and/or
  overnight basis.
• in a specified place (e.g. schools, care homes,
  etc), frequently or intensively.
• Includes fostering and childcare and defined
  office holders (includes LA Director of
  Childrens Services trustees of certain
  charities school governors).
• No distinction made between paid and voluntary
  work.

16
Specified Activities

• Teaching, training or instruction, care or
  supervision of children or vulnerable adults
• Advice or guidance for children. Advice, guidance
  or assistance for vulnerable adults
• Any form of treatment or therapy provided to a
  child or vulnerable adult
• Driving a vehicle which is being used only for
  the purpose of conveying children or vulnerable
  adults (Will include ambulance services, day care
  transport, school buses)
• Activity which involves on a regular basis the
  day to day management or supervision of a person
  carrying out the activities above is also
  regulated activity

17
Specified Places

• childcare premises including nurseries
• residential homes for children in care
• childrens hospitals
• childrens detention centres
• adult care homes
• Includes work which gives the opportunity of
  contact with vulnerable groups. This includes
  catering, cleaning, administrative and
  maintenance workers or contractors. Activity
  which involves on a regular basis the day to day
  management or supervision of a person carrying
  out the activities above is also covered

18
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 any employee, or
  prospective employee who is, or will be in
  regulated activity is ISA-registered.
• Personal and family relationships are not covered

19
Staffing impacts

• Staff cannot refuse to become ISA registered and
  still carry out regulated activity.
• If an existing member of staff is barred they
  must be moved from regulated activity
  immediately.
• But unsubstantiated or malicious allegations
  wont be enough to get a member of staff barred.
• Individuals may make representations against
  being barred in most circumstances

20
What is a Controlled Activity?

• Frequent or intensive ancillary support work in
  healthcare settings and education (eg. cleaners,
  caretakers, catering staff, receptionists, car
  park attendants etc)
• Individuals working for specified organisations
  (eg local authorities) who have frequent access
  to sensitive records about vulnerable adults or
  children.
• Ancillary support work in adult social care
  settings (eg. day centre cleaners, service
  provider admin staff with frequent access to
  social care and personal records)

21
What Controlled Activity means

• Employers must check the registration status of
  anyone working in controlled activity. Criminal
  offence if they fail to do so.
• Employer can permit a barred person to work in
  controlled activity subject to risk assessment
  and appropriate safeguards and/or supervision.
• BUT WAG is minded to impose stricter controls
  than in England. Eg Excluding from controlled
  activity those people subject to an automatic bar
  (most serious offences) and making additional
  requirements for enhanced CRB checks. Guidance is
  in preparation at the moment.

22
Domestic employment circumstances

• It will not be mandatory for employers in
  domestic
• circumstances to check their employees, but they
  can.
• A barred person must not engage in this
  employment.
• The self-employed (e.g. sports coaches).
• Those employed (e.g. home tutors) by domestic
  employers (e.g. parents).

23
How it will work Operations

• The Criminal Records Bureau will
• Receive applications for scheme registration
• Gather and monitor information for the ISA
• Administer the continuous updating of records
• Provide the facility for online checks

24
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 relevant
  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 should be
  barred.

25
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.
• ISA registration is fully portable.

Not barred
ISA registered
Online status checking
Not applied
Voluntarily withdrawn
Not ISA registered
Left scheme
BARRED
26
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.

27
ISA Decision Making Process

• Underpinned by need to be proportionate, fair,
  transparent, justifiable
• Will not second guess courts or competent body
  findings
• Did relevant conduct happen or is one of the
  risk of harm categories satisfied? facts must
  be proven on the balance of probabilities
• Trained caseworkers expert Board will make
  barring decisions
• In most cases a right to representations /
  specialist referral do these cast doubt on any
  findings on the facts or the assessment of risk?
• Employee and employer informed of ISA
  registration or minded to bar before barring
  takes place
• Appeals against ISA decisions are heard by the
  Upper Tribunal. They will grant permission for
  an appeal to be heard where an individual
  considers the ISA has made a mistake in law or in
  fact

28
What will it cost?

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

29
Timetable for Scheme introduction

• From October 2009 - Wider definition of
  regulated activities brought into force
• Extended Barring arrangements will apply to a
  wider range of activities and in a wider range of
  settings
• NHS settings HM Prison Service
• Providers of regulated activities duty bound to
  notify ISA of relevant information
• individuals who pose a threat can be identified
  and barred
• New criminal offences
• becomes a crime for a barred individual to seek
  or undertake work with vulnerable groups and for
  employers to knowingly take them on

30
Timetable for individual registration

• Applications for ISA registration for new
  entrants to the workforce those moving jobs
  will start in July 2010
• From November 2010 it will be mandatory for new
  entrants and job movers to have ISA registration
  before they start their new posts
• Members of the existing workforce will be phased
  into the scheme from January 2011
• We expect the phased roll out to run over a five
  year period.

31
5 year phasing (indicative to be approved)

• Year 1 new entrants to the workforce and those
  moving jobs
• Year 2 those who have never had a CRB check
  before
• Year 3 those with CRB checks over three years
  old
• Year 4 those with more recent CRB checks
• Year 5 the remainder of those who have had a
  CRB disclosure those who work in controlled
  activity

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Summary

• Barring decisions will be taken by independent
  experts.
• Once fully implemented, anyone working or
  volunteering with children or vulnerable adults
  in regulated activity must register with the
  Scheme.
• Employers must 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 must
  refer appropriate information to the ISA.
• Employers will be informed if an employee becomes
  de-registered from the scheme.
• Parents/individuals will be able to check that
  the workers they employ in a private capacity in
  regulated activity are registered with the ISA.

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What can I expect to see next?

• Full detailed guidance generic sector
  specific
• Staffed call centre
• Promotional guides, leaflets information
• Direct marketing advertising campaigns
• Improved website
• Training roadshows
• Free briefing toolkits

34
Further Information

• Updated Scheme info www.isa-gov.org. Includes the
  option to register for newsletter updates.
• Email queries to scheme.info_at_homeoffice.gsi.gov.uk
  . Tel. [phone]
• Contact person at WAG yvonne.delaney_at_wales.gsi.gov
  .uk Tel.[phone]
• Free half-day VBS Roadshow at Llandudno 14th
  July. Book through www.isa-gov.org

35
THANK YOU FOR YOUR ATTENTION!

• Any More Questions/comments/discussion?
• Alun S. Nutt
• Alun.nutt_at_cartreficymru.org
• Tel. [phone]