How to comply with the Independent Safeguarding Authority

If you have people working for you, whether paid or voluntary, who have contact with children or vulnerable adults, you need to be aware of changes in the law.

The Independent Safeguarding Authority (ISA) has been set up by the government to protect children and vulnerable adults from harm.  From 12 October 2009, the existing lists of people barred from working with children and with vulnerable adults (POCA, POVA and List 99) have been amalgamated into the Children's Barred List and the Adults' Barred List.  From this date, it is a criminal offence for anyone on the Barred Lists to engage in a 'regulated activity'.  It is also a criminal offence for an employer who is a Regulated Activity Provider to knowingly engage a person who is on the Barred Lists.

'Regulated Activity Provider' is any organisation that runs activities that involve frequent or intensive contact with children.  This includes teaching and instruction; care and supervision; treatment and therapy; and transport of children.  Frequent is defined as once a month or more and intensive as 3 or more days a month.  Regulated activities also include any activity carried out in an educational institution, nursery school, hospital, children's home and childcare centres.  Charity trustees of a children's charity are also covered by the new regulations.

Vulnerable adults are defined as persons over 18 who are in special residential or sheltered accommodation or receive health care or services due to their disability.  Regulated activities relating to vulnerable adults include teaching and instruction; care and supervision; assistance, advice and guidance;  treatment and therapy; and transport.

From November 2010, any person taking up a new post and involved in a 'regulated activity' must be on the ISA Register and the employer or organisation must check that person is on the ISA Register before they are engaged in a 'regulated activity'.  This applies to people moving to a new post in the same organisation as well as new entrants.  The ISA Register does not open until July 2010.

Individuals who are already working in regulated activities will need to register with ISA in phases after November 2010, starting with those who have never had a CRB check and followed by those whose CRB check is more than 3 years old.

The ISA Register partly replaces the Criminal Records Bureau (CRB) check but only as far as working with children and vulnerable adults is concerned.  Employers may still need to carry out CRB checks for other offences, e.g. serious motoring offences or fraud.  A person's registration with ISA is subject to monitoring and periodic review, unlike the current CRB check which is a snap-shot.

From 12 October 2009, employers and organisations who dismiss or suspend employees or volunteers because they know or suspect an individual has engaged in inappropriate conduct with a child or vulnerable adult, or has harmed a child or vulnerable adult or put them at risk of harm, must refer them to the ISA.  The duty to refer also applies if the person resigns and leaves the organisation or ceases to be a volunteer.

In summary: if your organisation works with children or vulnerable adults, the new regulations are most likely to apply to you.  You will need to review your recruitment and employment policies (including who pays for ISA registration), ensure you report information to the ISA, and plan how your employees and volunteers will register with the ISA over the 5-year roll-out period.  Further information: www.isa-gov.org.uk