Transcript a practical guide

THE INDEPENDENT
SAFEGUARDING
AUTHORITY
A PRACTICAL GUIDE
Background
murders  Bichard report
 Replaces PoVA, PoCA, List 99
 Safeguarding Vulnerable Groups Act
2006 (England, Wales, NI)
 Protection of Vulnerable Groups Act
(Scotland) 2007 (Scotland)
 Soham
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 decisionmaking 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
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
 Appeal
Further information on the
scheme
 www.isa-gov.org.uk
 Safeguarding
Vulnerable Groups Act
2006
 Vulnerable Groups (Scotland) Act 2007
Contact info
 Roz
Hooper, RCN HQ
 [email protected]
 020 7647 3544