Child Protection Laws (161.7 KiB)
In July 2010 the Independent Safeguarding Authority will begin to register an estimated 14 million people across England and Wales who undertake “regulated activities” (see panel) that give access to children and/or vulnerable adults. In Scotland another 700,000 people are expected to register under the equivalent Disclosure Scotland PVG Scheme, though at the time of writing (9/09) no dates have been announced yet.
The ISA and its Scottish equivalent were created following the recommendations of the Bichard Enquiry into how Ian Huntley was allowed to become a school caretaker at Soham, with ultimately tragic results. Since devolution, the legislation and its implementation falls under the jurisdiction of Westminster and the Scottish parliaments who have produced different schemes, each with their own timescale.
People undertaking “regulated activities” in England & Wales
The Safeguarding Vulnerable Groups Act makes it a criminal offence for an individual to work in a role undertaking regulated activities if they are not ISA registered. This includes self-employed people working in such roles. It will also be a criminal offence for an organisation to place somebody in a regulated role if the individual is not ISA registered.
An individual will only need to register once, after which anybody (with their permission) can check their registration status online via a free service the ISA will be introducing. This will simply say registered or not registered. At the same time as checking the registration status, an organisation can register an interest in the individual, in which case they will be notified if that registration status subsequently changes.
Registering with the ISA
Applying to register with the ISA will use the same form & process as applying for a CRB Enhanced Disclosure, with a tick in the box requesting registration. An Enhanced Disclosure will be done for the ISA who will use any content, plus any reports submitted by other official sources, to determine whether the applicant should be barred from working with children or vulnerable adults. Unless they have committed a serious crime such as murder, or a crime of a sexual nature, the applicant will be involved in the assessment process and will have the right to appeal.
Although the Enhanced Disclosure is primarily for the ISA, a 3rd party such as the SDTA can request a copy (with another copy going to the applicant) at the time of application. Making the issue of the Disclosure optional allows people to submit applications for themselves without the need for an employer/regulator, including the selfemployed and principals.
If their application for registration is successful the applicant will be issued with a registration document giving a registration number which they can give to anybody who wishes to confirm that they are indeed registered, via the ISA’s free online service.
In England & Wales the cost of registration will be £64 plus DDC’s administration fee of £15 + VAT. This includes the cost of an Enhanced Disclosure if one is requested.
Timescales
The ISA began operations in January 2009 when it took over responsibility for creating and maintaining the lists of people barred from working with children and vulnerable adults. Registration will begin on 26th July 2010 and there will be a 5 year transition period from October 2009 after which all staff in regulated roles must be ISA registered.
Existing staff with an Enhanced Disclosure issued prior to 26th July 2010 should register with the ISA the next time they come to renew their Disclosure. Where they have multiple Disclosures for multiple roles (Disclosures will still not be portable between employers) they will register when they submit their next Disclosure application.
Existing staff without an Enhanced Disclosure for that role should register after November 2010. People who are appointed after November 2010 will need to be ISA registered before they undertake any regulated activities, so they may wish to register themselves before applying for such a role (after 26th July 2010).
ISA registration and the current SDTA CRB Vetting Scheme
The CRB vetting Scheme was introduced to give self-employed members a means of obtaining a Disclosure along with a displayable certificate from the SDTA confirming that they had been CRB checked. The scheme is voluntary and the certificate is valid for 2 years.
After July 2010 a member can register themselves with the ISA directly, in which case a Disclosure certificate will not be issued. Since ISA registration will not replace Disclosures, members may still want/need a Disclosure certificate, in which case they will still need to apply for ISA registration through the SDTA vetting scheme.
The certificate issued by the SDTA is an integral part of the scheme so the applicant will still need to request at least one of these.
(To join the SDTA scheme now members should contact DDC on 0845 644 3298 or e-mail SDTA@ddc.uk.net (SDTA null@null ddc NULL.uk NULL.net))
New Responsibilities for Employers in England and Wales
For the registration scheme to work effectively the ISA need to be aware of situations where an individual has been dismissed from a regulated role (or would have been had they not resigned) because they harmed or put at risk through negligence a child or vulnerable adult. This information may not result in the individual’s registered status being revoked, but will be recorded to see if a pattern emerges that warrants consideration for barring.
In line with this need, as of 12th October 2009 organisations who provide the regulated services* will have a legal responsibility to report such incidents to the ISA. The means of reporting will be announced by the ISA.
* The Regulated Service Provider (RSP) is the organisation which offers the service to children/vulnerable adults. They may not be the direct employer.
Parents and members of the public may also refer relevant information to the ISA via a statutory agency such as
the police or social services, who will investigate any allegation(s) and pass it to the ISA if appropriate.
What to do if you work in England and Wales
With ISA registration not starting until July 2010 there is no immediate requirement to act. However if you intend to register yourself (not via the SDTA Vetting Scheme) in the first phase, send an e-mail to ISA@ddc.uk.net (ISA null@null ddc NULL.uk NULL.net) and we will save your address, then contact you when the application forms are available.
If you would like to register and receive a copy of the Enhanced Disclosure e-mail to SDTAISA@ddc.uk.net (SDTAISA null@null ddc NULL.uk NULL.net) and again we will contact you when the forms are available.
Volunteers
As with Disclosures, the CRB/ISA fee is waived for people who meet the CRB criteria for a volunteer*. (The £15.00 + VAT administration fee still applies.) However, since people only register once, those registered as volunteers will be invoiced by the CRB for the £64 fee if they subsequently use that registration for a paid role.
*working unpaid solely for the benefit of others.
People undertaking “regulated activities” in Scotland
The Scottish PVG Scheme will be run by Disclosure Scotland, whose remit and powers will be widened by legislation to create lists of people who are barred from working with children or vulnerable adults. An individual can be on both lists.
The Protecting Vulnerable Groups Act (Scotland) will make it a criminal offence to employ somebody undertaking a regulated activity if they are barred, as will be working in a regulated activity whilst barred.
Although joining the PVG scheme will not be mandatory as in England and Wales, the only way to determine if somebody is barred will be to check their registration status with the PVG scheme.
Another significant difference between the two schemes is that in Scotland membership of the PVG Scheme will replace Disclosures. However, organisations placing somebody in a regulated role (undertaking regulated activities) can ask to receive some or all of the information on an individual, which will be the equivalent of asking for a Disclosure.
With no firm dates announced at the time of writing we can only say that members wishing to register with the PVG scheme should e-mail PVG@ddc.uk.net (PVG null@null ddc NULL.uk NULL.net) if they do not want a Disclosure or SDTAPVG@ddc.uk.net (SDTAPVG null@null ddc NULL.uk NULL.net) if they do. We will contact you when the dates are known.
What is a regulated activity?
Within the Act “regulated activity” is defined as:-
- Any activity which includes contact with children or vulnerable adults and is of a specified nature e.g. teaching, training, coaching, care, supervision, advice, treatment or transport and which will be undertaken frequently*, intensively* or overnight
- Any activity allowing contact with children or vulnerable adults in a specified place, e.g. schools, carehomes, hospitals etc., and which will be undertaken frequently* or intensively*
This would cover people like set builders & stage hands working on school sites (during class times) etc.
*Frequently is on one or more occasion per month on an ongoing basis
*Intensively is taking place on 3 or more days in any 30 day period
For information relating to vulnerable adults please visit www.ddc.uk.net (http://www NULL.ddc NULL.uk NULL.net)
Who should you register with?
If the regulated activities are undertaken in Scotland you should register with the PVG Scheme. If the regulated activity is undertaken in England or Wales, you must register with the ISA.
Where the activity could be undertaken anywhere in the UK the current wisdom is that you should register with both. However, if somebody is barred in England or Wales they would automatically be barred in Scotland, so requiring people to register with both schemes seems unreasonable and this may well change.