Independent Safeguarding Authority (ISA): Oct 2010

In May 2010 the new coalition Government announced that ISA registration is suspended, pending review.

Please note that requirements for CRB checks remain in force and the ISA Children's List remains in existence as a negative list (based on List 99 from Education and the POCA List from Children's Social Care Services) of those who are banned from working with children.

We will update this news item if and when any reintroduction of the ISA registration is announced.

In its recent document 'The Coalition: Our programme for government', the Government set out its aim to 'review the criminal records and vetting and barring regime and scale it back to common sense levels'.

In order to deliver this promise and carry out the remodelling, the further implementation of the Vetting and Barring Scheme has been halted. The first phase of registration was due to commence on 26 July 2010.

Although further implementation of the Scheme is halted whilst the Government undertakes its review, new safeguarding regulations introduced in October 2009 continue to apply. These include:

  • A person who is barred from working with children or vulnerable adults will be breaking the law if they work or volunteer, or try to work or volunteer with those groups.
  • An organisation which knowingly employs someone who is barred to work with those groups will also be breaking the law.
  • If your organisation works with children or vulnerable adults and you dismiss a member of staff or a volunteer because they have harmed a child or vulnerable adult, or you would have done so if they had not left, you must tell the Independent Safeguarding Authority.
  • In October 2009, the right to ask for an enhanced CRB disclosure was extended to all those who employ or use volunteers in types of activity called 'Regulated Activity'. This right remains, and you should continue to carry out appropriate pre-recruitment checks, including CRB checks where appropriate or required by law.

The Independent Safeguarding Authority will continue to carry out its work as an independent decision making body as well as continuing to maintain the barred lists. They will also continue to accept referrals, full guidance on which is available here.

Guidance on making referrals

http://www.isa-gov.org.uk/PDF/Referral%20Guidance%20and%20Form%20FINAL%20v%2010-01.pdf

Referral Form

http://www.isa-gov.org.uk/Default.aspx?page=379

For further information, please contact the VBS contact centre on 0300 123 1111.

The position prior to the election was

From October 2009

  • Increased safeguards will be introduced, such as a wider definition of "Regulated activities", further enhancing protection of children and vulnerable adults.
  • The three current barring lists (POCA, POVA and List 99) will be replaced by the creation of two new barred lists administered by the ISA rather than several government departments. Checks of these new lists can be made as part of an Enhanced CRB check.
  • Employers, social services and professional regulators have a duty to refer to the ISA any information about individuals who may pose a risk ensuring potential threats to vulnerable groups can be identified and dealt with.
  • There will be criminal penalties for barred individuals who seek or undertake work with vulnerable groups and for employers who knowingly take them on.
  • The eligibility criteria for Enhanced CRB checks will be extended to include anyone working in a regulated position.

From July 2010

  • From July 2010 those who currently work with children or vulnerable adults and are changing jobs will have to become ISA registered. Those who currently work with vulnerable groups but are staying in their current role will not have to become registered until later in the five year phasing period.
  • Employers and voluntary organisations working with children and vulnerable adults cannot recruit workers who are not ISA-registered.
  • From July 2010, individuals can apply for ISA-registration and a CRB check (including an ISA check) on one new application form.
  • When a person becomes ISA-registered they will be continuously monitored and their status reassessed against any new information which may come to light.


From November 2010

  • So as not to disrupt normal recruitment over the traditionally busy summer period, the legal requirement for employees to register with the VBS and employers to check their status will come into force in November 2010.

From 2011

  • Existing employees and volunteers with no CRB check must apply for ISA registration.
  • Existing employees and volunteers with CRB checks will also need to apply for ISA registration, starting with staff whose CRB checks are the oldest.