The new Independent Safeguarding Authority (ISA) was created following the Safeguarding Vulnerable Groups Act 2006 and is set to completely revolutionise how employers in the care sector recruit their staff. Dai Durbridge, one of our care sector specialist solicitors, considers how the ISA is already impacting upon the care sector and what the future holds for employers.
Strong safeguards to protect children and vulnerable adults were set out recently by the Government, ahead of the launch of the Vetting and Barring Scheme in October this year. Additional safeguards will include the creation of two new barred lists administered by the Independent Safeguarding Authority (ISA) to replace the existing 3 lists, the broadening of the scope of a bar to cover all ‘regulated activities’ and the introduction of a new criminal offence for a barred individual to seek work with vulnerable groups; and for employers to knowingly take them on.
However, these changes are relatively minor compared to the fundamental change that was scheduled to begin in October 2009.
Currently, if a person wants to work in the care sector, the government is happy for them to do so as long as their name does not appear on any of the lists referred to above. In the future, those who want to work with children or vulnerable adults have to be approved in advance and be listed on a register before their employment could begin. This process was due to start in October 2009 and it has been estimated that around 13 million people will be affected.
However, the ISA has said that the beginning of the registration process has been delayed and will not now begin until next summer. From 26 July 2010, all new entrants to roles working regularly with vulnerable groups and those switching jobs to a new provider within these sectors, should register with the ISA and be checked. This applies to those in the care sector. The legal requirement for employees to register with the ISA, and employers to check their status will come into force in November 2010.
Registration of the entire workforce with the ISA will be phased in over five years from July 2010. The first individuals to register should be those joining the workforce for the first time or moving to a post with a new provider. The second tranche will be members of the workforce who have never had a CRB Disclosure or have not had one for a number of years and who do not change posts. Clearly, this new duty will impact significantly on private care providers and now is the time to start planning how your organisation will manage the change. Guidance is due in September 2009 with sector specific guidance intended to follow soon after.
Importantly, there is a one-off application fee of £64 when applying for registration with the Scheme. The fee is composed of two elements: £28 to fund the running of the ISA and £36 to pay for the CRB Enhanced Disclosure. It is hoped that where there is no information on an individual (the position on 90% of applications) the results will come through within one week. If there is information to be gathered and considered by the ISA, the check will take longer and thus could impact on your staffing levels.
There is a real risk that this massive undertaking for those in the care sector could cause logistic and legal difficulties. To minimise those we advise that organisations and individuals in the care sector begin to factor the ISA-registration process into their forward planning immediately. If you have an HR department, then those staff should be made aware of the Scheme and the legal requirements surrounding ISA-registration. Remember that from November 2010 employing someone in your establishment without ensuring they are registered will be a criminal offence. Where the employer is an organisation, this offence is committed by both the organisation, and by any manager who is either complicit or reckless.
For training or advice on your new duties from October 2009 onwards and for further information on the impact the ISA will have on the care sector, please contact our specialist team.