the independent safeguarding authority a practical guide
TRANSCRIPT
THE INDEPENDENT SAFEGUARDING AUTHORITY
A PRACTICAL GUIDE
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)
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
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”
Differences from PoVA/PoCA
Applies to NHS Applies throughout UK Whitelist (as opposed to blacklist) so
you have to register
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
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
Whose decision?
Not Secretary of State ISA independent of Government Not Courts Does not incorporate tribunal How is decision made? By ISA’s
employees
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
Otherwise ISA assesses if “Relevant Conduct” present?
conduct which endangers vulnerable adult or is likely to endanger an adult if repeated;
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.
Repercussions of being listed
Barred from Regulated activity for 10 years
End of nursing career Exclusion from voluntary activities
(parent groups, Sunday school etc)
Relevant Conduct
Type of Harm to Vulnerable Adult
Meaning Examples
Neglect Failure to identify and/or meet care needs
Untreated weight loss, failing to administer reasonable care resulting in pressure sores or uncharacteristic problems with continence. Pool hygiene, soiled clothes not changed, insufficient food or drink, ignoring resident’s request, unmet social or care needs.
Verbal Any remark or comment by others that causes distress
Demeaning, disrespectful, humiliating, racist, sexist or sarcastic comments. Excessive or unwanted familiarity, shouting, swearing, name-calling
Relevant Conduct
Type of Harm to Vulnerable Adult
Meaning Examples
Emotional/Psychological Action or inaction by others that causes mental anguish
Inflexible regimes and lack of choice. Mocking, coercing, denying privacy, threatening behaviour, bullying, intimidation, harassment, deliberate isolation, deprivation
Physical Any physical contact that results in discomfort, pain or injury
Hitting, slapping, pushing, shaking, bruising, failing to treat sores or wounds, under or overuse of medication, un-prescribed or inappropriate medication, use of restraint or inappropriate restraint, inappropriate sanctions
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
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
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
Duty to refer (2)
Following may refer: All other employers of people working
with children/vulnerable adults Private employers (via statutory
agency)
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
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
Further information on the scheme
www.isa-gov.org.uk Safeguarding Vulnerable Groups Act
2006 Vulnerable Groups (Scotland) Act 2007
