THE INDEPENDENT SAFEGUARDING AUTHORITY

1. THE INDEPENDENT SAFEGUARDING AUTHORITY A PRACTICAL GUIDE

2. Background • Soham murders  Bichard report • Replaces PoVA, PoCA, List 99 • Safeguarding Vulnerable Groups Act 2006 (England, Wales, NI) • Protection of Vulnerable Groups Act (Scotland) 2007 (Scotland)

3. Rationale • All people working with Children & Vulnerable Adults should be subject to Enhanced CRB regime • People working with children & vulnerable adults should be registered • Register should be regularly updated

4. Recommendation 19 • “need for a single agency to vet all individuals who want to work or volunteer with children or vulnerable adults and to bar unsuitable people from doing so”

5. Differences from PoVA/PoCA • Applies to NHS • Applies throughout UK • Whitelist (as opposed to blacklist) so you have to register

6. Dates • 12th Oct 2009 Barring list into force • July 2010 Registrations begin • Autumn 2010 New workers will be required to register • July 2015 Existing workforce will have been phased on to the scheme

7. Process • Applications handled by CRB • Fee payable by applicant (£28 ISA & £36 CRB) • Fee waived for volunteers • ISA decides if applicant suitable • Applicant is either registered or put on barred list

8. Whose decision? • Not Secretary of State • ISA independent of Government • Not Courts • Does not incorporate tribunal • How is decision made? By ISA’s employees

9. Automatic Barring • If person has been convicted of an offence of the most serious kind against children/vulnerable adult  no right to make representations • If person has been convicted of an offence which indicates ‘probable risk of harm’ to children/vulnerable adult  can make representations as to why they should not be barred BUT • Burden of proof is on applicant to prove they do not pose a risk

10. Otherwise ISA assesses if “Relevant Conduct” present? • conduct which endangers vulnerable adult or is likely to endanger an adult if repeated;

11. Conduct “endangers a vulnerable adult” if:- • (a) harms a vulnerable adult, • (b) causes a vulnerable adult to be harmed, • (c) puts a vulnerable adult at risk of harm, • (d) attempts to harm a vulnerable adult, or • (e) incites another to harm a vulnerable adult.

12. Repercussions of being listed • Barred from Regulated activity for 10 years • End of nursing career • Exclusion from voluntary activities (parent groups, Sunday school etc)

13. Relevant Conduct

14. Relevant Conduct

15. Problems • If person barred following decision-making process at ISA, can appeal to Care Standards Tribunal but • Under ISA, appeal can be only on grounds of mistake of fact or error in law • No right to full hearing at any stage

16. A word of Caution • Be very careful about accepting a Police Caution for a minor offence! • Deemed to have made a full admission • Police will inform CRB/ISA • ISA will inform employer • If not already registered, might affect ability to do so

17. Duty to refer to ISA • Local authority child/adult protection teams • Named professional bodies and supervisory authorities (see SVGA 2006 s41), includes NMC, HPC. • Employers of care personnel • Agencies providing care personnel • Police

18. Duty to refer (2) • Following may refer: • All other employers of people working with children/vulnerable adults • Private employers (via statutory agency)

19. Penalties/sanctions • For seeking regulated work • For offering regulated work • For engaging in regulated work • Failure to check – hefty fine • Failure to refer information – hefty fine • Crown Court – five years in prison/fine • Magistrates Court – one year/fine

20. Challenging a decision to bar • Appeal to CST – but remember, only on point of law or mistake of fact • Judicial review – takes years and is expensive and distressing • Legal cover included in RCN membership. • Contact local steward/regional office who will refer you as necessary • Call RCND 0845 772 6100

21. Further information on the scheme • www.isa-gov.org.uk • Safeguarding Vulnerable Groups Act 2006 • Vulnerable Groups (Scotland) Act 2007

22. Contact info • Roz Hooper, RCN HQ • Rosalind.hooper@rcn.org.uk • 020 7647 3544