Dr Simon O'Donovan

Independent Safeguarding Authority Overview

 

It is important that we are all aware of the new Independent Safeguarding Authority (www.isa-gov.org.uk), as it will have an important and lasting impact on our work with children and vulnerable adults, especially in terms of recruitment and disciplinary processes. The ISA was established by government after the Safeguarding Vulnerable Groups Act 2006 passed into statute. The Act was developed as an outcome of the Bichard Inquiry which investigated the tragic murders of Holly Wells and Jessica Chapman in Soham in 2002.

Recommendation 19 of the Bichard Inquiry stated, "New arrangements should be introduced requiring those who wish to work with children or vulnerable adults to be registered. The register would confirm that there is no known reason why an individual should not work with these clients."
Such a register would have prevented Ian Huntley from being appointed as a school caretaker despite known previous concerns.

The new ISA, which will replace the existing Protection of Children Act List, List 99 and the Protection of Vulnerable Adults (POVA) List as well as Disqualification Orders, will establish Barred Lists for Children and Vulnerable Adults, The ISA states that, "The new system is designed to ensure that anyone who presents a known risk is quite simply prevented from working with these groups."

In respect of POVA work, the new Barring List - Vulnerable Adults, will extend the existing POVA List scheme from social care to cover all sectors, including health and voluntary services. All those working in 'Regulated activity' will have to be 'Vetted' (registered) to work with children or vulnerable adults. Thus a Vetting Service will also be established. 'Regulated activity' is defined as being, "any activity of a specified nature that involves contact with children or vulnerable adults frequently, intensively or overnight."
Any person applying to work with children or vulnerable adults must first apply to the ISA Vetting Service via the Criminal Records Bureau, who will check whether there is any relevant information from the police or if there is any referred information from other sources, such as previous employers or professional bodies, that states that the person has been dismissed (or the person resigned) because they harmed, or put at risk of harm, a child or vulnerable adult. It will be a criminal offence for employers to appoint someone to work in a regulated activity without first checking their status under the Vetting Service and/or to allow a Barred individual to work in such activity. If there is no information held on record, the CRB will inform the applicant that they are Vetted. If there is information, the CRB will pass it on to the ISA, who will make the decision to place the person on the Barred List.

Those working within 'Controlled activity', i.e. support work which involves indirect contact with children or vulnerable adults, such as cleaners and catering staff, will also need to be Vetted. However, a Barred person may be permitted to work with children or vulnerable adults in controlled activity, providing effective safeguards are put in place.

The ISA will make independent discretionary Barring decisions, currently taken by the Secretary of State, based on clear criteria and evidence, which is indicative of the need for adequate record keeping in respect of POVA (and POCA) investigations and disciplinary processes. Individuals placed on the Barred List will be able to appeal against the decision via a Care Standards Tribunal, except when they have committed a serious offence.

It is important to note that the Barred List will be more current than the Enhanced CRB Check, as it will be reactive and maintained with rigour by the ISA. Additionally, employers will be able to undertake a 'live' on-line check of prospective employees' status on the Vetted register and Barred List. (The Enhanced CRB Check is merely a 'snapshot' of information, only valid on the day of issue.)
Prospective employees applying to become Vetted with the ISA will, of course, be subject to a fee (cost to be determined). However, this will be a one-off fee as only one application will be necessary, as the Vetted register and Barred List will be maintained as current.

As you can see, these new safeguards represent a huge step forward in protection work and will stop staff perpetrators of abuse in their tracks, preventing them from moving geographically or between care sectors after they have been investigated or dismissed for their abusive actions, or omissions. All of our organisations need to prepare by updating their policies and procedures in light of this new legislation and following the ISA Scheme regulations, to be issued after the consultation process concludes on 20 February 2008. With planned (phased) implementation anticipated in Autumn this year, this need is urgent.

Dr Simon O’Donovan
Clinical Director Mental Health Services for Older People
Consultant Nurse, Older Vulnerable Adults
Cardiff and Vale NHS Trust POVA Team

 

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