THE INDEPENDENT SAFEGUARDING AUTHORITY A PRACTICAL GUIDE

Background u Soham murders  Bichard report u Replaces PoVA, PoCA, List 99 u Safeguarding Vulnerable Groups Act 2006 (England, Wales, NI) u Protection of Vulnerable Groups Act (Scotland) 2007 (Scotland)

Rationale u All people working with Children & Vulnerable Adults should be subject to Enhanced CRB regime u People working with children & vulnerable adults should be registered u Register should be regularly updated

Recommendation 19 u “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 u Applies to NHS u Applies throughout UK u Whitelist (as opposed to blacklist) so you have to register

Dates u 12th Oct 2009 Barring list into force u July 2010 Registrations begin u Autumn 2010 New workers will be required to register u July 2015 Existing workforce will have been phased on to the scheme

Process u Applications handled by CRB u Fee payable by applicant (£28 ISA & £36 CRB) u Fee waived for volunteers u ISA decides if applicant suitable u Applicant is either registered or put on barred list

Whose decision? u Not Secretary of State u ISA independent of Government u Not Courts u Does not incorporate tribunal u How is decision made? By ISA’s employees

Automatic Barring u If person has been convicted of an offence of the most serious kind against children/vulnerable adult  no right to make representations u 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 u Burden of proof is on applicant to prove they do not pose a risk

Otherwise ISA assesses if “Relevant Conduct” present? u conduct which endangers vulnerable adult or is likely to endanger an adult if repeated;

Conduct “endangers a vulnerable adult” if:- u (a) harms a vulnerable adult, u (b) causes a vulnerable adult to be harmed, u (c) puts a vulnerable adult at risk of harm, u (d) attempts to harm a vulnerable adult, or u (e) incites another to harm a vulnerable adult.

Repercussions of being listed u Barred from Regulated activity for 10 years u End of nursing career u Exclusion from voluntary activities (parent groups, Sunday school etc)

Relevant Conduct Type of Harm to Vulnerable Adult MeaningExamples NeglectFailure 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. VerbalAny 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 MeaningExamples Emotional/PsychologicalAction 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 PhysicalAny 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 u If person barred following decision- making process at ISA, can appeal to Care Standards Tribunal but u Under ISA, appeal can be only on grounds of mistake of fact or error in law u No right to full hearing at any stage

A word of Caution u Be very careful about accepting a Police Caution for a minor offence! u Deemed to have made a full admission u Police will inform CRB/ISA u ISA will inform employer u If not already registered, might affect ability to do so

Duty to refer to ISA u Local authority child/adult protection teams u Named professional bodies and supervisory authorities (see SVGA 2006 s41), includes NMC, HPC. u Employers of care personnel u Agencies providing care personnel u Police

Duty to refer (2) u Following may refer: u All other employers of people working with children/vulnerable adults u Private employers (via statutory agency)

Penalties/sanctions u For seeking regulated work u For offering regulated work u For engaging in regulated work u Failure to check – hefty fine u Failure to refer information – hefty fine u Crown Court – five years in prison/fine u Magistrates Court – one year/fine

Challenging a decision to bar u Appeal to CST – but remember, only on point of law or mistake of fact u Judicial review – takes years and is expensive and distressing u Legal cover included in RCN membership. u Contact local steward/regional office who will refer you as necessary u Call RCND

Further information on the scheme u u Safeguarding Vulnerable Groups Act 2006 u Vulnerable Groups (Scotland) Act 2007

Contact info u Roz Hooper, RCN HQ u u