Independent Safeguarding Authority - Implementation

Implementation

As of March 2009, elements of the Vetting and Barring Scheme had begun to be rolled out in stages, linked to a series of pieces of secondary legislation under the Safeguarding Vulnerable Groups Act 2006. The ISA came into existence on 2 January 2008 and after 31 March 2008 the ISA began advising ministers on barring decisions taken by ministers under current schemes. From 20 January 2009, barring decisions in England and Wales began to be taken by the ISA, taking responsibility from the Secretary of State and was extended to Northern Ireland from 13 March 2009. On 20 February 2009 detailed guidance on the ISA's decision making process was published. From 12 October 2009, increased safeguards came into effect with around five million more jobs and voluntary positions – including most National Health Service jobs - covered by the barring arrangements. The additional safeguards are:

• Two barring lists administered by a single organisation, the Independent Safeguarding Authority (ISA), rather than the three lists previously maintained by two different Government departments: Protection Of Children Act (POCA), Protection of Vulnerable Adults (PoVA) and List 99;

• The introduction of ‘regulated activities’ – people included in the new barred lists by the ISA are barred from a much wider range of jobs and activities than has been the case under previous arrangements. This is particularly so in areas of work with vulnerable adults such as the NHS.

• A new duty to share information - employers, social services and professional regulators have to notify the ISA of relevant information so individuals who pose a threat to vulnerable groups can be identified and barred from working with these groups; and

• New criminal offences – it is a criminal offence for a barred individual to seek or undertake work with vulnerable groups; and for employers knowingly to take them on.

The original intention had been that from 26 July 2010, all new entrants to roles working with vulnerable groups and those switching jobs to a new provider within these sectors would be able to register with the VBS and be assessed by the ISA. Employers would have been able to check registration status online to subscribe to be notified if an employee's registration status changes. Both the ability and requirement to register were withdrawn in 2011 following the Singleton and Munro Reviews. The lists are still maintained and it remains an offence to employ a person in regulated activity who has been barred by the ISA or for that person to seek work.