Independent Safeguarding Authority
The Safeguarding Vulnerable Groups Act received Royal Assent in November 2006 and it lays the foundation for the Independent Safeguarding Authority.
The background to this Act is that it responded to a key recommendation from the Bichard Inquiry following the murders of Jessica Chapman and Holly Wells by Ian Huntley in 2002. This recommendation being the need for a registration scheme which would prevent those who are deemed to be unsuitable from gaining access to children or vulnerable adults through their work.
The Independent Safeguarding Authority has been created to fulfill this role across England, Wales and Northern Ireland (Scotland is in the process of developing a similar system which will work closely with ISA).
Vetting and Barring Scheme Registration Halted
You
may now be aware that the ISA registration stage of the Vetting and
Barring Scheme has been halted to allow the Government to conduct a
remodelling of the scheme back to 'proportionate, common sense levels'. As
a result the ISA registration phase of the scheme has been stopped and
will not launch on 26 July 2010.
The Home Secretary Theresa
May said that the safety of children and vulnerable adults is of
'paramount importance to the new government', but that a measured
approach is vital. She continued, 'We've listened to the criticisms and
will respond with a scheme that has been fundamentally remodelled.
Vulnerable groups must be properly protected in a way that is
proportionate and sensible. This redrawing of the VBS will ensure this
happens'.
Existing arrangements under the Scheme which will
continue include:
- since January 2009, the Independent
Safeguarding Authority (ISA) has been making independent barring
decisions. It will continue to maintain two constantly updated lists,
one for those barred from working with children, the other for those
barred from working with vulnerable adults;
- existing
requirements concerning CRB checks will remain in place, and those
entitled to such checks can continue to apply for them; and
- employers
are still legally obliged to refer information to the ISA if they have
moved or removed an individual because they have harmed or there is a
risk of harm to a member of a vulnerable group.
The scope of
the remodelling process - to be co-ordinated by the Home Office in
partnership with Department of Health and Department of Education - is
currently being finalised. The two current consultations: Continuing
Need for a Controlled Activity Category in the Vetting and Barring
Scheme AND Statutory requirements and advice, for CRB disclosures for
safeguarding purposes, on workers already registered with the
Independent Safeguarding Authority remain live with the closing date of
9th July:
DSCF consultationsIt is not yet clear how the
Government's remodelling of the Vetting and Barring Scheme will impact
upon the future of ISA registration. Once more information about this
is available we will communicate it to you.
The press release is
available at
Home Office
The ISA has four statutory duties:
- To maintain a list of individuals barred from engaging in regulated activity with children;
- To maintain a list of individuals barred from engaging in regulated activity with vulnerable adults;
- To make well-informed and considered decisions about whether an individual should be included on one or both barred lists; and
- To reach decisions as to whether to remove an individual from a barred list.
On October 12 2009 Schedule 3 of the Safeguarding Vulnerable Groups Act 2006 and the consequences of being included on the Children’s and Adults Barred Lists come into force fully. Access to these lists will be available on request as part of an Enhanced Disclosure.
Other key changes introduced on
October 12 2009 include:
- Eligibility for an Enhanced Disclosure will expand to include all regulated activity;
- Criminal penalties will be imposed on those barred individuals who seek or undertake work with vulnerable groups and equally for those employers who knowingly take them on;
- New information sharing duties – there will be a statutory duty for Regulated Activity Providers to refer to ISA any information about an individual who may pose a risk, ensuring potential threats to vulnerable groups can be identified and dealt with.
From
July 2010 there will be more key changes. These include:
- Individuals will be able, via CRU, or other Umbrella Bodies, to register with the ISA Vetting and Barring Scheme if they are applying to work with children or vulnerable adults in regulated positions;
- Employers will be able to express an interest in an individuals registration on the Scheme and be informed of any changes to that individuals registration status, for example, if ISA seek to bar the individual;
- The CRB will issue a new combined ISA Registration/CRB Disclosure Application form.
Finally from November 2010 it will be a legal requirement for individuals to register with the ISA Vetting and Barring Scheme if they intend to work or currently work in regulated activity with children or vulnerable adults in England, Wales and Northern Ireland. It is important to note that there will be a five year phased roll out for registration onto the Scheme for those individuals that are currently in a position that is defined as Regulated Activity under the Act.