What is the Independent Safeguarding Authority?
The Independent Safeguarding Authority (ISA) was established in January 2008 following a recommendation of the Bichard Inquiry Report, 2004. Its purpose was to introduce a more robust system of gathering and monitoring information about those who may pose a risk to working with children, young people and vulnerable adults, so that improved decisions about barring such individuals from working with vulnerable groups could be made.
The operational framework of the ISA is underpinned by the Safeguarding Vulnerable Groups Act 2006. From 20th January 2009 the ISA became responsible for decisions about who should be barred from working with children, young people or vulnerable adults. This was formally the responsibility of the Secretary of State.
Once fully implemented anyone wishing to work (paid or voluntary) with children young people or vulnerable adults must be registered with the ISA.
How does information get to the ISA?
All previous information from the Police National Computer, Protection of Children Act List, Protection of Vulnerable Adult List, Section 142 of the Education Act 2002 and any local intelligence has now been handed over to ISA. This includes any on-going investigations.
Anyone convicted or given a caution for sexual offences involving violence will automatically be barred. For other offences or concerns the ISA will review all of the information in its possession to reach a decision as to whether an individual should be barred from working with children and young people, vulnerable adults or both categories.
New referrals to the ISA will come from employers, professional and regulatory bodies, Local Authority child protection teams and parents.
NUH will have a duty to refer any person about whom there are concerns even if the person leaves before the completion of any investigation process.
Details of how to refer an individual are on the ISA web site. All referrals from NUH should go through either the Safeguarding Children and Young People Committee or the Safeguarding Vulnerable Adult Committee first.
Who is covered?
The Safeguarding Vulnerable Groups Act 2006 defines two types of activity for which there are requirements on employers and individuals - regulated activity and controlled activity.
Regulated activity is defined as one or more of the following
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One that involves contact with children or vulnerable adults and is of a specific nature e.g. teaching, training and care. In the NHS this would mean doctors, nurses, therapists – anyone directly involved in the provision of care or treatment of children or vulnerable adults. The work must be frequent (once a month or more) or intensive (3 or more days in a 30 day period)
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Where contact with children or vulnerable adults is in a specified place e.g. a children’s home or school and where contact is regular or intensive. This would be where a child or vulnerable adult would have a relationship of trust with the people they came into contact with, such as a school caretaker
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Fostering and childcare
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Certain defined “office holders” (e.g. LA Director of Children’s Services, school governor)
It will be mandatory for employers to check that anyone wishing to work in regulated activity either paid or voluntary, is registered with the ISA. A barred individual cannot work in regulated activity and any employer who engages someone who is not registered will be committing a criminal offence
Controlled activity is defined as work that is either
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Ancillary work undertaken in an area where children and vulnerable adults are cared for such as the NHS or further education, but where the nature of the work does not meet the criteria of regulated activity e.g. cleaning, catering and receptionist roles. Contact with vulnerable groups must be regular or intense.
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Involves frequent access to sensitive records about children e.g. medical secretary
It will be mandatory for employers to check the ISA registration status of anyone wishing to work in controlled activity. A barred person may in some exceptional circumstances be able to work in certain roles where there is controlled activity provided safeguards have been put in place. For example a individual could be barred from working with children due to history of losing temper with youngsters but if the controlled activity only entails working with sensitive information and there is no direct access to children this might be considered an adequate safeguard. Where this is the case all decisions must be agreed with either the Safeguarding Children and Young People Committee or the Safeguarding Vulnerable Adults Committee and fully documented with regular reviews.
These definitions are extended to include work in domestic circumstances such as home tutors, sports coaches etc. and parents will be able to check the registration of such a worker in the same way that an employer can. It will not however be mandatory for parents to check with the ISA but they may do so if they wish.
What does this mean for individuals wishing to work in posts involving regulated or controlled activity?
The new Vetting and Barring scheme is scheduled to go live from 12th October 2009. From this date and for the following five years there are some transitional arrangements. By the end of the five years all persons undertaking roles involving regulated activity must be registered with the ISA. For all staff working in roles involving controlled activity they must be either registered, or if barred, that adequate safeguards are in place and fully documented.
For those individuals changing employer or place of voluntary work after 12th October 2009 they must be registered with the ISA. To become registered there is a one off fee of £64. This is made up of two elements - £28 to cover the cost of running the ISA and £36 to cover the cost of an enhanced CRB check. An individual can ask to be registered with both the child and vulnerable adult schemes. There is no charge for volunteers.
Once registered with the ISA the individual will be given a registration number. Anyone who is barred will not be able to register. Anyone who is barred after registration will have their registration removed.
Prior to an employer engaging a person in post involving regulated or controlled activity (either paid or voluntary) on or after this date of 12th October 2009, employers are required to check the ISA registration status of the applicant. To do this the individual will provide their ISA registration number and some personal details. Employers will then check this using the ISA on-line service to check that the individual is still registered. This will be a real time decision based on current information held by the ISA. Anyone under investigation pending a decision will be identified. There is no charge to employers or parents for using this service but checks can only be made if an individual consents to the check and provides their registration number.
This is not however a substitute for a CRB check as a CRB check may reveal other information about a job applicant that would question their suitability to work in the post applied for. For example an employer would still want to know about any driving offences for a bus driver or convictions of theft or fraud for anyone with access to cash or property. It is understood that at some point in the future other conviction information may be available to employers at the time they check someone’s ISA registration.
How will it work?
The Criminal Records Bureau (CRB) will receive applications for registration with the scheme and they will gather and monitor information for the ISA. The CRB will be responsible for the continuous updating of records on receipt of new information such as new convictions, cautions or referrals from employers.
When new information is received and the ISA decide that this new information changes the registration status of an individual, the employers who have registered an interest in an individual at the ISA registration checking stage will be notified of the change in status. If this means that an individual has had their registration withdrawn, employers can then fairly dismiss that individual without notice as continued employment would be in breach of the law.
Portability
An individual’s ISA registration number is portable and once obtained this will stay with them for the rest of their life as long as they are never barred. CRB checks will remain non-portable and for the time being these will need to be repeated if changing employer (except for junior doctors on rotation).
What does NUH need to do between now and 12th October 2009?
Further details about the practical application of the Vetting and Barring scheme are still awaited but there are a number of decisions and actions to be agreed including
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A programme of work with managers so that each post at NUH can be assessed for its job content to see whether it meets the criteria of regulated or controlled activity. Post information on ESR will need to be flagged accordingly.
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A timetable and work plan to ensure that all existing employees undertaking regulated or controlled activity are registered within the 5 year roll our period. This will be prioritised so that those who have never had any kind of check will be required to register first, followed by those who have had a CRB check but some time ago and finally those with recent CRB checks. Sanctions will need to be employed for anyone who unreasonably fails to cooperate with this process. Any positive information on an existing member of staff’s Disclosure certificate will be assessed in accordance with the assessment tool under Annex D of the CRB policy.
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A decision to be made on whether future and or existing employees should be required to pay the £28 contribution to the ISA registration fee.
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Agreed wording for job adverts for vacancies involving work in either regulated or controlled activity informing applicants of a requirement to be registered from 12th October 2009
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Review of the Trust’s recruitment and selection policy, disclosure policy contracts of employment and all supporting procedures and training to reflect the changes
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Revised monitoring arrangements to ensure that registration has been checked as part of the package of other pre-employment checks.
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Communication to staff and managers about the new arrangement
A more detailed action plan will be developed to summarise NUH’s requirements in preparation for the Vetting and Barring scheme.
Summary
In the Bichard Inquiry Report he notes “For those agencies whose job it is to protect children and vulnerable people, the harsh reality is that if a sufficiently devious person is determined to seek out opportunities to work their evil, no one can guarantee that they will be stopped. Our task is to make it as difficult as possible for them to succeed.” (page 12 para 79).
The introduction of the Vetting and Barring Scheme, through the ISA, goes a long way to make this more difficult but this does not mean that NUH should take its eye off the ball with all of the other important pre-employment checks and post-employment vigilance. A significant number of those who harm children, young people or vulnerable adults are never reported and so will never appear on a barred list. NUH therefore needs to continue with all its other robust recruitment and employment practices so that the Trust is as sure as it can be that we do not employ anyone considered unsuitable to work with vulnerable patient groups.
