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Independent Safeguarding Authority

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File:ISA logo new.jpg
Logo of the Independent Safeguarding Authority

The Independent Safeguarding Authority (ISA) is a non-departmental public body created by the UK Government in response to the inquiry headed by Sir Michael Bichard that was set up in the wake of the Soham Murders. The ISA is the corner-stone of the new Vetting and Barring Scheme, which will require all those working with vulnerable groups to undergo an enhanced vetting procedure before being allowed to commence any relevant duties.

Background

The Bichard Report was published on 22 June 2004 and made 31 recommendations, of which recommendation 19 called for a new registration scheme and stated:

"New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. This register – perhaps supported by a card or licence – would confirm that there is no known reason why an individual should not work with these client groups. The new register would be administered by a central body, which would take the decision, subject to published criteria, to approve or refuse registration on the basis of all the information made available to them by the police and other agencies. The responsibility for judging the relevance of police intelligence in deciding a person’s suitability would lie with the central body"[1]

Of note in this recommendation is the use of the double-negative, "no known reason why an individual should not work with these client groups". This to say the ISA from its inception was not designed to clear individuals as "suitable" for work with vulnerable groups but to remove those who pose a known risk.

Proposals to implement the recommendations were put to public consultation on 5 April 2005[2]. The results of this exercise were announced by the Rt Hon Ruth Kelly, the Secretary of State of the Department for Education and Skills, on 19 January 2006[3] and were translated into primary legislation, the Safeguarding Vulnerable Groups Act 2006[4], which received royal assent on 8 November 2006. Within the act the ISA is referred to as the Independent Barring Board; it has been known as the ISA since August 2007[5], but will only be formally renamed following royal assent for the Policing and Crime Bill in 2009[6][7]. The Safeguarding Vulnerable Groups Act only covers England and Wales but comparable legislation has been passed to cover Northern Ireland[8] and Scotland[9]. The Department for Children, Schools and Families have held further consultations, the most recent of which launched on 14 November 2007[10]

The Safeguarding Vulnerable Groups Act

Main article: Safeguarding Vulnerable Groups Act 2006

Along with creating the ISA, the Safeguarding Vulnerable Groups Act defines two categories of work (whether paid or not) that fall within the scope of the Act: regulated and controlled activity.

Regulated activity

Regulated activity is the primary area of work covered by the Act and broadly deals with all those who have direct contact with vulnerable groups. Specifically, regulated activity covers any activity which involves contact with children[11] or vulnerable adults[12] and is of a specified nature (e.g. teaching, training, care, supervision, advice, treatment or transport); or any activity allowing contact with children or vulnerable adults and is in a specified place (e.g. school, Children’s home, etc). For the activity to be regulated activity it must take place on a frequent[13] or intensive[14] basis. Regulated activity also covers fostering and childcare (but not adoption).

In addition, there are a number of defined “office holders” position, where a prescribed post-holder is deemed as engaging in regulated activity irrespective of their actual contact with vulnerable groups. This list includes such people as a Local Authority Director of Children’s Services, trustees of children’s charities and school governors[15].

It is worth noting that no distinction is made between paid and voluntary work.

What regulated activity means

The duties and responsibilities under regulated activity where an organisation is providing the activity are that:

  • 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

Controlled activity

Controlled activity is a much more limited area of work and is tightly defined under the Safeguarding Vulnerable Groups Act[16]. Controlled activity applies to:

It will be mandatory to check the ISA registration status of individuals in controlled activity; although it will be possible to employ a barred person, providing sufficient safeguards have been put in place.

Vetting and Barring Scheme

The ISA will function as the decision making element of the new Vetting and Barring Scheme, with the application process and monitoring functions being run by the Criminal Records Bureau[17]. Once operational the Vetting and Barring Scheme will require all those engaged in regulated or controlled activity to register and have their registration status checked. It will not be possible to 'opt-out' of the Scheme and there will be criminal offences for non-compliance on both the employer and employee[18].

Those successful in the application process will be provided with a unique reference number and employers must verify potential employee's membership before allowing them to commence their duties; this can be achieved via a free online check[19]. Current estimates state the number who will be required to register will be approximatly 11.3 million people (or a quarter of the adult population)[20]. The cost of registration will be £64 per person except for volunteers for whom it will be free of charge[21][22].

The ISA will own and maintain two lists (one covering the children's sector and one to cover the adults') of those barred from working with vulnerable groups, which will replace the current barred lists (List 99[23], the Protection of Children Act 1999 (PoCA)[24], the scheme relating to the Protection of Vulnerable Adults (PoVA)[25] and Disqualification Orders[26])[27]. Inclusion on the new barred lists will be as a result of either an automatic bar (following a police caution or conviction for an offence prescribed in secondary legislation[28]) or as a result of a decision taken by the ISA.

The ISA will base their decisions upon information from a range of sources including, but not limited to, that held by the police (both locally and that on the Police National Computer), local authorities, social services, regulatory organisations (such as the General Medical Council or the General Teaching Council for England) and supervisory authorities (such as Ofsted)[29]. Where cases are not clear, decisions will be escalated within the ISA with final decisions being made by the board, which is chaired by former Chief Executive for Barnardo's, Roger Singleton[30].

Comparison with CRB disclosures

The ISA registration will perform a separate, albeit related, role to that of a CRB disclosure as the ISA decision making process will only consider information relating to the potential risk an individual poses to vulnerable groups using sources that go beyond that held by the police; whereas the CRB disclosure may contain details of offences that may not lead to a bar (for example drink driving) but which may be pertinent to a given role (such as driving a school bus). ISA-registration does not replace CRB disclosures[31].

Implementation

As of March 2009, elements of the Vetting and Barring Scheme have began to be rolled out in stages, linked to a series of pieces of secondary legislation under the Safeguarding Vulnerable Groups Act 2006[32]. The ISA came into existence on 2 January 2008 and after 31 March 2008 the ISA began advising ministers on barring decisions taken by ministers under current schemes[33]. From 20 January 2009, barring decisions in England and Wales began to be taken by the ISA, taking responsiblity from the Secretary of State[34][35][36] and was extended to Northern Ireland from 13 March 2009[37]. On 20 February 2009 detailed guidance on the ISA's decision making process was published.[38]

From 12 October 2009[39], the increased safeguards will come into effect with around five million more jobs and voluntary positions – including most National Health Service (NHS) jobs - covered by the barring arrangements. The additional safeguards which start in October 2009 are:

  • reduction of red tape - two barring lists will be administered by a single organisation, the Independent Safeguarding Authority (ISA), rather than the three lists currently maintained by two different Government departments: Protection Of Children Act (POCA), Protection of Vulnerable Adults (PoVA) and List 99;


  • the introduction of ‘regulated activities’ – people included in the new barred lists by the ISA will be barred from a much wider range of jobs and activities than has been the case under previous arrangements. This is particularly so in areas of work with vulnerable adults such as the NHS.


  • a new duty to share information - employers, social services and professional regulators will have to notify the ISA of relevant information so individuals who pose a threat to vulnerable groups can be identified and barred from working with these groups; and


  • new criminal offences – it will become a crime for a barred individual to seek or undertake work with vulnerable groups; and for employers knowingly to take them on.


From 26 July 2010 all new entrants to roles working with vulnerable groups and those switching jobs to a new provider within these sectors will be able to register with the VBS and be assessed by the ISA. Employers will be able to check registration status online and will be able to subscribe to be notified if an employee’s registration status changes.

So as not to disrupt normal recruitment over the traditionally busy summer period, the legal requirement for employees to register with the VBS and for employers to check their status will come into force in November 2010[40]. Members of the existing workforce will be phased into the scheme from January 2011.

See also

References

  1. ^ The Bichard Report pp 15-16, Home Office website
  2. ^ Making Safeguarding Everybody's Business: A Post-Bichard Vetting Scheme, DCSF website
  3. ^ SAFEGUARDING CHILDREN – REVISED ARRANGEMENTS, Ruth Kelly 19 January 2006
  4. ^ Safeguarding Vulnerable Groups Act 2006, OPSI website
  5. ^ disclosure news, CRB website August 2007
  6. ^ Policing and Crime Bill 2008-09, UK Parliament website
  7. ^ Police and Crime Bill Clause 62, UK Parliament website
  8. ^ The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
  9. ^ Protection of Vulnerable Groups (Scotland) Act 2007
  10. ^ Safeguarding Vulnerable Groups Act 2006: Independent Safeguarding Authority Scheme Consultation, DCSF website
  11. ^ defined in the act as under 18 years of age
  12. ^ defined in the Safeguarding Vulnerable Groups Act under section 59 but broadly the definition covers people by virtue of the care or treatment they are undertaking or specific place they reside rather than by age or disability
  13. ^ once a month or more often
  14. ^ three or more occasions in thirty day period; or overnight
  15. ^ Full list is found in the Safeguarding Vulnerable Groups Act 2006 Schedule 4, paragraphs 4(1) and 8(1)
  16. ^ Safeguarding Vulnerable Groups Act 2006 Section 21 & 22
  17. ^ CRB to administer the new Vetting and Barring Scheme, CRB website
  18. ^ Will people be able to opt out of the Vetting and Barring Scheme?, ISA website
  19. ^ How will the new vetting service work?, ISA website
  20. ^ Christopher Hope: A quarter of adults to face 'anti-paedophile' tests.The Daily Telegraph, 26 June 2008
  21. ^ Cost for applying to register with the ISA Scheme, ISA website
  22. ^ The definition of volunteer will remain that used by the CRB: "a volunteer is a person who is engaged in any activity which involves spending time, unpaid (except for travelling and other approved out-of-pocket expenses), doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives" - What is the CRB’s definition of a “Volunteer”?, CRB website
  23. ^ Education Act Section 142
  24. ^ Protection of Children Act 1999
  25. ^ Care Standards Act 2000 Part VII
  26. ^ Criminal Justice and Courts Services Act 2000 Section 35
  27. ^ Vetting and Barring Scheme, Every Child Matters website
  28. ^ The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009, OPSI website
  29. ^ The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008, OPSI website
  30. ^ Who are our Chair, Chief Executive and Board members?, ISA website
  31. ^ Will I still need to get a Criminal Records Bureau (CRB) Enhanced Disclosure or can I rely on the new vetting service? , ISA website
  32. ^ List of statutory instruments relating to the Safeguarding Vulnerable Groups Act 2006, OPSI website
  33. ^ ISA Decision Making
  34. ^ New Vetting & Barring Scheme: Confirmation of ISA decision-making from 20 January 2009 and address for referrals
  35. ^ Written Ministerial Statement from Rt Hon Ed Balls MP, Secretary of State for DCSF, 20 January 2009
  36. ^ Independent Safeguarding Authority (ISA): next step in transition to new Vetting and Barring Scheme, Every Child Matters website
  37. ^ New independent authority will help to check children and vulnerable adults in N. Ireland, eGov monitor website
  38. ^ ISA decision making process guidance, ISA website
  39. ^ Vetting & Barring Scheme delivery announced, ISA Website
  40. ^ Tough new measures to protect the vulnerable Home Office press release, 19 March 2009
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