Independent Safeguarding Authority

1. Independent Safeguarding Authority Helen Caulfield RCN Policy Unit Gerry O’Dwyer RCN Employment Relations Department

2. Aims of the Session • Introduce the Independent Safeguarding Authority (ISA) and ‘register’ • Examine the previous POCA / POVA / List 99 arrangements for the protection of vulnerable adults and children • Discuss activist’s engagement to date with POVA/ POCA etc and what the impact of the ISA will / might be for members and RCN

3. Soham (Bichard Report) Inquiry “New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. The register would confirm that there is no known reason why an individual should not work with these client groups” (Recommendation 19)

4. Protection of Children Act Protection of Vulnerable Adults Lists • What are they? • What do they cover? • What is the policy background? • Protection of Children Act 1999 • Care Standards Act 2000

5. POCA Lists: how do they work? • Duty on employers is not a discretion • Prohibition on employment • Duty to refer to Secretary of State in specific situations: • Dismissal on the grounds of misconduct • Resignation or retirement where there would have been a dismissal

6. What is the process? • Fill in a form • Send to the Department of Health • Case may be closed immediately • SS will decide whether to include in the provisional List • Individual is sent letter and asked to provide written representations • SS decides case on a paper exercise

7. What is the process? • SS must decide that the referring organisation had a reasonable belief • This is the civil standard of proof • SS must decide the individual is unsuitable to work with either children or vulnerable adults • You can work as long as you arenot on POVA/POCA /List 99

8. Impact of inclusion on list • POCA: banned for 5 years • POVA: banned for 10 years • Appeals to the Care Standards Tribunal • May still be safe to be registered with NMC

9. RCN and challenge to POVA/POCA The use of the ‘alert letter’ Legal challenge Where we are today

10. Independent Safeguarding Authority • Safeguarding Vulnerable Groups Act 2006 • Now ‘live’ • October 12 2009 – 2014 • Repeals POVA/POCA/List 99 • You can only work if you areon the register • ‘Regulated’ and ‘Controlled’ activity • Two lists: The Children’s Barred List and the Adults Barred List

11. Criminal offence for employer to take on individual in a controlled activity without checking status • UK dimension

12. Regulated: Contact with children or vulnerable adults frequently, intensively and / or overnight. Fostering and Childcare. Certain positions such as School Governors, Director of SS, Trustees of certain Charities Controlled Frequent or intensive support in general healthcare settings. Cleaners, caretakers, shop workers. Those with frequent access to sensitive records about children and vulnerable adults. Activity

13. No right to make representation and no right of appeal Certain criminal convictions Right to make representation Less serious criminal convictions will result on being barred but will be able to make representation. Automatic listing and representation

14. Barred – when can you seek review? • If barred at under age 18 – after 1 year • If aged 18-24 after 5 years • If over 24 after 10 years • There is no ‘default’ off the barred list

15. Implementation • Wave 1 – those entering or changing work from October 12 2009 • Wave 2 – all in work to 2014 • £64 one off payment (CRB £38 ISA £28) • 11 million people • ISA more ‘portable’ than CRB process

16. Policy issues • Independence or civil servants? • Role of CRB and Police • Impact on employers • Duplication of ‘fitness to practice’ and public protection • Legal challenge

17. RCN Issues • What is your experience of POVA/POCA with members • NHS TU Principles • CRB Enhanced Disclosure Group • ‘Liberty’ • What do you need from us?