News

Independent Safeguarding Authority 07 October 2009

What is the Independent Safeguarding Authority?

A public body set up by the Home Office to assess the suitability of anyone who wants to work with children or vulnerable adults such as pensioners, hospital patients or prisoners.

:: Why has it been set up?

A nationwide vetting and barring agency was recommended by Sir Michael Bichard in his inquiry into the Soham murders. The intention is to make sure that all those who want to work with young people register their details before they can build up a relationship of trust with them, in order that their backgrounds can be checked.

:: How many people will have to register with it?

Official estimates are that 11.3million people in England, Wales and Northern Ireland will need to sign up by the time the scheme is fully operational, in about six years’ time. The Government admits it will be the biggest such project in the world. There will be two separate lists, one of people who are cleared to work with children and another of those who can work with vulnerable adults.

:: Who will be covered by it?

Almost anyone who wants to have a role in education – even school governors who do not regularly come into contact with children - as well as teachers, caretakers and cleaners. Almost all health workers from doctors and nurses to dentists, as well as medical students. Clergy such as Sunday school teachers or choirmasters will also have to register. Anyone who has frequent contact with children – such as sports coaches who teach a group once a month, or authors who visit schools. Philip Pullman and others have already refused to comply. Taxi drivers or parents who have a formal arrangement to give lifts to children.

:: Will they have to pay?

Volunteers can register for free, but paid staff – or their employers – have to give the ISA £64. However this includes the Criminal Records Bureau enhanced check and, unlike existing checks, is a one-off fee as their registration does not need to be repeated even if they change job.

:: How will the ISA decide who to bar?

Case workers will ask the CRB if the applicant has any convictions or cautions for offences that should rule them unsuitable for working with children or young people. However former employers, professional organisations and members of the public will also tell the ISA about “information” they have on the risk someone poses. If they have concerns, the ISA can take into consideration an applicant’s beliefs and lifestyle in order to decide how much risk they pose.

:: Is there a right of appeal?

If the ISA is “minded” to bar someone, the applicant has the right to make representations against the decision. If they are still barred, they can appeal to a body called the Upper Tribunal but only on matters of law or fact.

:: What happens to those who fail to abide by the rules?

It will be an offence punishable by a £5,000 fine not to register when required to do so, or to begin work in a “regulated” activity without being cleared by the ISA first. Employers will be breaking the law if they employ a teacher or nurse without checking their status beforehand, and also if they fail to pass on information that an employee poses a risk.

:: When does it come into force?

The ISA’s staff in Darlington, Co Durham, have already begun to transfer existing lists of banned teachers and health workers to the new databases. From October 12 this year, employers must tell the ISA if they sack someone for incidents involving children. From July 26 next year, anyone starting a new job in the workforce will be able to register and must do so by November. The rest of the workforce will be phased in over the following five years.